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Transferring Ownership of Grandfather's Handgun

6K views 23 replies 13 participants last post by  BrianB 
#1 · (Edited)
I am 20 years old and I have never owned a firearm. My grandfather passed away 2 years ago. He had a Glock 19 (unkn. Gen) along with a few other rifles. I understand the laws concerning concealed carry, traveling, where to shoot, etc. However, I am unsure if there is anything I need to transfer ownership of the gun. The guns are in his case without any documents. He lived in Florida. My grandmother is okay with me taking the firearms, I just want to make sure I am not breaking any laws. I've tried reading through statutes but I can't find official information on this topic. I want the gun so I can learn to operate firearms, take it apart, inspect, and clean it. I'd also like to practice shooting and possess the gun for home defense. Do I simply just have my grandmother hand me the gun?

Thanks,
Kyle.
 
#2 ·
If the guns are in Florida and you are a Florida resident, and you are over 18 and you are not a prohibited possessor, nothing needs to be done other than for her to hand them to you. Enjoy your new firearms.
 
#4 ·
Welcome to FCC from Palm Beach County, kyle! :wave

There is no firearm registration in Florida! Brian beat me to explaining the conditions under which you can take possession of the firearms, but I want to address another issue.

Since this was your first post to FCC, now would be a really good time to also go back and post you're own Introduction thread to FCC so the members get to know you. You can do that by going to the Introduce Yourself section of The Front Office and start your very own introduction thread. Then you'll find that lots of other FCC members will know to chime in to properly welcome you to the forum, and will be more responsive in answering questions!

In case you weren't aware, you can stay current on pertinent Florida Statutes regarding use of force and firearms law by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher!

Finally, I would like to recommend you consider joining Florida Carry and join the effort to protect the rights of Floridians to keep and bear arms!

Again, welcome to FCC! :grin
 
#7 ·
Welcome to FCC from Palm Beach County, kyle! :wave
In case you weren't aware, you can stay current on pertinent Florida Statutes regarding use of force and firearms law by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher!

Finally, I would like to recommend you consider joining Florida Carry and join the effort to protect the rights of Floridians to keep and bear arms!

Again, welcome to FCC! :grin
Thank you for the warm welcome and official source links + book recommendation.
 
#5 ·
I had a similar situation. An uncle of mine passed a couple of years ago. He had a decent collection of firearms. He lived in Southern GA and me in FL. But the good news for me was that all the weapons involved were considered "Curio & relic" items, all of them being over 50 years old. I was able to use a C&R FFL that lived in FL but very nearby my Aunt's house in GA (AFJuvat on this forum). Additionally, what I also did was draw an agreement document between my Aunt and myself in which she agrees to transfer the weapons to me, free of charge, and I agree to receive them via the C & R FFL. I further stipulate in the agreement that I am not a prohibited person and can receive the weapons legally, etc. etc. Although not necessary from a legal standpoint, I did this to protect my Aunt, and myself. At least the transfer is on a private record (which was notarized). We also have the FFL's record of the transfer.

The FFL came to my Aunt's house, picked up all the inventory in GA, and drove them to FL where he logged them into his inventory. I then took delivery of them in FL shortly thereafter. No fuss no muss... :thumsup
 
#8 ·
Welcome,
As others have said, there's no registration or ownership tracked by the state. They can be sold or gifted with no government involvement at all. The only thing I would add is to make sure the rifles are legal to own. No auto conversions, short barrels etc...

You may want to record the serial #s for yourself just in case they're lost or stolen in the future.
 
#10 ·
Have an attorney draft you a deed of gift for your grandmother to sign. That way, there is no question as to how you obtained the firearms. If your grandmother dies, no other relative would be able to say the guns should be property of the estate. Also, if any of the guns should ever show up as stolen (it happens) you would have a paper trail showing how the guns came into your possession.
 
#15 · (Edited)
This bothers me. Why pay a lawyer $400 to draft something that's not required? Why not just have your mother write a note saying she's gifting them to you?
I've purchased guns legally from individuals, and I never asked how they acquired them.
Why would I need a paper trail of how the gun came into my possession if it was stolen?
I have my dad's old Iver Johnson shotgun, I don't think it even has a serial number!
I can see if I was found in possession of a gun that was used in a crime, but that's not what we're talking about. (Unless your family has a shady past? JK)
All this paperwork is the precourser for government tracking.
 
#11 ·
Have an attorney draft you a deed of gift for your grandmother to sign. That way, there is no question as to how you obtained the firearms. If your grandmother dies, no other relative would be able to say the guns should be property of the estate. Also, if any of the guns should ever show up as stolen (it happens) you would have a paper trail showing how the guns came into your possession.
Absolute best advice yet.
Ronnie
 
#12 · (Edited)
Generally:

You cannot gift a firearm to someone to whom you cannot sell a firearm. There is no gift exception as to residency. There is no gift exception for family as to residency.

You can receive an inheritance across state lines without an FFL transfer. There is an exception, as to residency, for bequest or acquisition by intestate succession. See 18 U.S.C. §922(a)(5)(A)
 
#13 ·
You cannot gift a firearm to someone to whom you cannot sell a firearm. There is no gift exception as to residency. There is no gift exception for family as to residency.

You can receive an inheritance across state lines without an FFL transfer. There is an exception for bequest or acquisition by intestate succession. See 18 U.S.C. §922(a)(5)(A)
Ah, nice. Great info. My son stands to inherit a couple dozen rifles/shotguns/handguns from his various grandparents down the road, and none of them live in our state. One of them has tens of thousands of rounds of ammo. He'll be well set down the road.
 
#17 ·
Grand Ma is still alive, Giving Grand pa's guns to a family member. Somewhere, some place there needs to be something in writing because when Grand ma goes, the whole dam family will be looking for those guns.
Ain't nothing more horrible then how greedy and stupid a family can be after a death .
Ronnie

PS: Oh! Not "MY" family. Ha! Ha! Ha!
 
#18 ·
Grand Ma is still alive, Giving Grand pa's guns to a family member. Somewhere, some place there needs to be something in writing because when Grand ma goes, the whole dam family will be looking for those guns.
Ain't nothing more horrible then how greedy and stupid a family can be after a death .
Ronnie

PS: Oh! Not "MY" family. Ha! Ha! Ha!
I speculate that the guns that Grandma is giving away, she inherited legally via a will or intestate succession. What she does with her guns is up to her.

With that said, you are absolutely correct. Relatives go mad when someone passes and there is ANYTHING of value they think they can get there hands on.
 
#21 · (Edited)
In all reality, your grandfather no longer owns those firarms, your grandmother owns them and if she gifts them to you then it's legal and they become yours even if out of state. No different if you were to purchase a pistol and then give it to your wife, brother, sister, etc. as a gift. Only point of concern would be if you transport them, make sure of the laws for transport in each state you cross.
Since this is NOT a hypothetical and we are actually giving advice I'm going to try this one more time and then I will shut up.

Generally:

You can not give a gun to someone who is not a resident of your same state. There is no family exception to the rule. If you wish to transfer a firearm to someone who resides in a different state, the transfer must take place through an FFL in the transferee's state of residence.

There is an exception for an inheritance. It appears that in this case the Grandmother inherited the guns not the Grandson in question.

He can not JUST go pick up the guns if he and the Grandmother are not residents of the same state.

18 U.S.C. §922(a)(5)(A)

(a)
It shall be unlawful—

(5)for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes

Now I speculate that these types of family transfers occur all of the time, but If I was going to just go get the guns, I certainly would not put my illegal act it in writing and have it notarized.
 
#23 · (Edited)
:pileon. I stand corrected on the transfer of ownership from person that is not in the recipients home state. I have seen it done and apparently illegal, shame on them. I guess they are Felons on the lamb!:grin My Original Post is deleted.
I feel like a QB in the NFL!
 
#24 ·
I stand corrected on the transfer of ownership from person that is not in the recipients home state. I have seen it done and apparently illegal, shame on them. I guess they are Felons on the lamb! :grin My Original Post is deleted.
I feel like a QB in the NFL!
Well, I would guess that roughly 9.5 times out of 10 the guns just get handed from whomever has them to whomever is getting them and that's the end of it. And I would guess that virtually never is there a problem with it because most gun owners are responsible people and the guns go to their new home and live out their lives peacefully. In my opinion this is as it should be.

But if someone asks us the law then our answer must be couched in the law as best we can.

Regarding QB in the NFL - I don't know how those guys do it. You see 3 huge dudes coming at you like a locomotive - you know you're going to get creamed - and you have to stand there and throw that ball perfectly as if what's about to happen isn't about to happen. Anyway, no intent to pile on you - sometimes the pagination of the forum means I reply only to see someone has already done it.
 
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