Inherited firearms transport?

Laderbuilt

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I am going to try and stay direct and to the point.

This week my father passed away, he lived in South Carolina, the last I knew he had several firearms. Some of which go back to when I was young. He did not have a will and his wife has stated I may have anything I would like. So I am in need of information and I have a few questions. Some of which are to clarify my knowledge and some I have no idea of.

Also as far as I know there are no assault weapons and doubt there’s even high cap mags but I’m not certain. If there are high cap magazines I am aware I cannot bring those back legally

Please note I have a class A unrestricted liscense in MA, however I have no liscense that covers his home state of South Carolina.

1: since he didn’t have a will listing items to me will it be an issue when bringing his guns home here to MA. Since his wife becomes the executor of his estate I assume (albeit maybe wrongly) that what she says is good enough.

2: is anyone familiar with SC? Am I able to take possession there and say fly home with them following the proper airline and TSA Regs? If so any recommendations on the airline most friendly?

3: if flying is not an option can I take possession in SC and then drive them back? What is confusing me is I know I can’t carry but possession is a different matter.

4: my brain is fried and not working to full capacity so I fear I am not thinking of things correctly so any info is truly appreciated. And I thank all who part with what they know.
 
Sorry to hear about your dad.
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BTDT, but as long as you remember them, they're not gone.


As for the heirlooms, I'm sure that people with a better grounding in interstate transport will be along

Flying should not be an issue, following airline and TSA rules (though if you have a bunch, that might become a PITA, logistically.

If you drive: unload them, case them, lock the cases shut, bypass NJ. Make as few stops as practical, and don't speed.
 
SC does not require a license to possess a firearm. You're all set on that end. Since your father passed intestate (lacking a will), his wife should retain an estate lawyer to get the estate through probate. Typically, if nothing is contested, handing down some personal property isn't going to be an issue as long as any estate taxes are paid. This is why it's a good thing to have a will and a trust, to avoid having to go through probate. Once that's settled, and a local lawyer says it's ok for you to take the guns, just take them home.

There's a really good thread here on inheriting guns. I relied on it last year when my own dad died. Worth a search for your peace of mind.
 
Sorry for your loss, OP. Hope the rest of the family is coping well.

As far as MA is concerned, they don't care "how" you got the guns as long as you EFA-10 them when you bring them in. Lack of a will won't matter from the MA perspective. Also, standard-cap mags are fine if they're preban.

I would drive. While paying attention to unwritten-FOPA states for the overnight.
 
If you fly, you will need a solid lockable case. Also, don't bring ammo. Most airlines allow ammo, but it must be in some kind of a case of its own. Some airlines require that ammo was in a completely separate case from the firearms. So you'll need to pay for two items of checked luggage.

If you drive, make sure firearms are unloaded in a lockable box. Most states do not have a problem with transportation. New Jersey, on the other hand, is terrible. If you get stopped, and you are not on the interstate type roadway, you will get arrested. Pulling off the interstate for food, lodging, and gas in NJ is also a no-no. This is why most folk will suggest you top off your tank just before you enter NJ and then drive through until you hit CT or MA.
 
SC does not require a license to possess a firearm. You're all set on that end. Since your father passed intestate (lacking a will), his wife should retain an estate lawyer to get the estate through probate. Typically, if nothing is contested, handing down some personal property isn't going to be an issue as long as any estate taxes are paid. This is why it's a good thing to have a will and a trust, to avoid having to go through probate. Once that's settled, and a local lawyer says it's ok for you to take the guns, just take them home.

There's a really good thread here on inheriting guns. I relied on it last year when my own dad died. Worth a search for your peace of mind.
Do all estates go thru probate? This is the first time I’ve ever dealt with this. I had thought things/ownership just went to the spouse? That then made the spouse the executor? I am sure my k owl edge is woefully lacking but it’s what o got to start with.
Thanks for the info.
 
Take the guns, come home.

Don't worry about who has to approve. As long as other people don't know or care, you are good to go.

Guns, what guns?

No need to deal with probate and all that junk. Again - this assumes everyone is cool with it. If there is one A-hole that yells "OMG, GUNZ MUST BE DIVIDED EQUALLY" then it could be an issue. Even then, it might not be an issue since there is no record of the guns he owns or their cost. If you have that person in your family, could be worth it to get the guns ASAP or consult a professional. (I am not a professional, I am just a good looking NES member).
 
So it seems I am correct that I am allowed possession of the firearm while in source Carolina and that would cover me legally during either vehicle transport and or choosing to fly them home. My confusion is I know you must be legal in your starting point and end point for Fopa and I carried that logic to flying. So I wasn’t sure if I was “legal” while posing the firearm while walking into an airport in SC.
 
Yep I stay the f*** away and out of NJ When road traveling as well as NY city. I am licensed in MA,CT,PA,AND NH. When I travel with my firearm to where I’m legal it is kept unloaded in a locked container out of the vehicle cabin ammo is locked separately as well. I stop when I’m legal and re arm stop before I enter a state I’m not allowed and re store. that’s when I carry.
These are not being “carried” only transported home
 
So it seems I am correct that I am allowed possession of the firearm while in source Carolina and that would cover me legally during either vehicle transport and or choosing to fly them home. My confusion is I know you must be legal in your starting point and end point for Fopa and I carried that logic to flying. So I wasn’t sure if I was “legal” while posing the firearm while walking into an airport in SC.
I don't know SC law specifically, but most states require no license at all for merely possessing/carrying/conveying unloaded, locked firearms. MA does (of course), but in SC I bet people wouldn't even understand asking a question about it.

The idea that the state would care about a traveler carrying a cased firearm into an airport wouldn't compute to most Americans.
 
We just went thru something similar, BUT the circumstances also involved moving other inherited items, furniture, and some other particular belongings, from another state (thru areas like NJ).

We made the arrangements to rent & utilize a small "pod" like container. It was delivered/dropped at the relative's "out if state" property, and we (traveled by air) arrived and placed the inherited furniture, items, and assorted knick-knacks into it. It was then locked-up = Only we have the key to the "hardened" type of pad lock.

The container was picked up, transported, and delivered at our NH home, right on time, this week.

All furniture.... and certain other "valuable items" were there, undisturbed.

= All went very smoothly with zero issues of any kind.
 
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OK I go up and down the east coast constantly

I'll give you my opinion, don't take this as legal advice because it is not

1) take the guns, unload them, bury them in your car, drive home without doing anything stupid that would cause you to get ripped out of your car and the car searched.

2) In theory guns must be specifically willed to you to be allowed to be moved state to state after a death without a FFL involved.

3) guns? what guns?

4) if you are really worried about the legalities bring them north and have them FFL transferred to you

5) if you want to play looser with the law, just file a EFA-10 on them within 7 days of you getting them into MA with no FFL

6) guns? what guns?

Personally I would not fly with them
 
Do all estates go thru probate? This is the first time I’ve ever dealt with this. I had thought things/ownership just went to the spouse? That then made the spouse the executor? I am sure my k owl edge is woefully lacking but it’s what o got to start with.
Thanks for the info.
So sorry for your loss.
Found this. Hope it helps.

 
Sorry for your loss. Here is what the USCCA concealed carry app says…

Based on my reading, you are not legal to possess in SC with a MA LTC, so that may jeopardize FOPA for interstate transport.

View attachment 753951
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This is actually incorrect.

You can Possess in SC, even without a permit.

You cannot CARRY in SC on a MA LTC - FOPA requires that possession be legal in your point of origin and destination.
 
Just for the heck of it, I'd have his wife talk to a lawyer and have a statement written up that your father died, his wife has inherited the guns and is transferring them to you, as your father had wished in lieu of having a will. May not mean much but help if you encounter an official who is in a good mood that day.
I am not a lawyer, probably not as good looking as Broc, but those are my $.02
 
This is actually incorrect.

You can Possess in SC, even without a permit.

You cannot CARRY in SC on a MA LTC - FOPA requires that possession be legal in your point of origin and destination.

Did I misread what USCCA posted? for non-residents with a license/permit for a state that South Carolina honors…from state that recognize SC permits… I don’t think that applies here, no? Please elaborate…
 
It looks like you may be doing the same thing I am struggling with. Conflicting carrying a loaded firearm for legal use vs simple possession. Let’s say If I was carrying, it would be accessible and loaded. Possession is it’s in say a case or in the trunk, Or in my domicile. I am allowed to possess the item but can not ACTIVELY carry a loaded firearm for self defense.
Don’t take my word I am still trying to find out the nuance of that.
 
Did I misread what USCCA posted? for non-residents with a license/permit for a state that South Carolina honors…from state that recognize SC permits… I don’t think that applies here, no? Please elaborate…
 
Did I misread what USCCA posted? for non-residents with a license/permit for a state that South Carolina honors…from state that recognize SC permits… I don’t think that applies here, no? Please elaborate…
Yes. Possession is allowed in SC even with no permission slip.

Carrying in a ready to use state is verboten without the proper permission slip.

You can own whatever, you can transport whatever, you just cannot conceal whatever.

FOPA requires that POSSESSION be legal at both ends of your peaceable journey.

Concealment does not equal possession
 
Found this on 'handgunlaw.us'

RV/Car Carry Without a Permit/License ; Anyone who can legally own a firearm can carry it loaded if contained in a closed Glove Box, Console,Trunk or a vehicle without a trunk in the Luggage Area in a container secured with fasteners. Their law isvery specific on the only locations where it can be carried.16-23-10. Definitions. When used in this article:(1) “Handgun” means any firearm designed to expel a projectile and designed to be fired from the hand, butshall not include any firearm generally recognized or classified as an antique, curiosity, or collector’s item,or any that does not fire fixed cartridges.(10) "Luggage Compartment" means the trunk of a motor vehicle which has a trunk; however, withrespect to a motor vehicle which does not have a trunk, the term "luggage compartment" refers to the area ofthe motor vehicle in which the manufacturer designed that luggage be carried or to the area of the motorvehicle in which luggage is customarily carried. In a station wagon, van, hatchback vehicle, truck, or sportutility vehicle, the term "luggage compartment" refers to the area behind the rearmost seat.2014 Act No. 123 (S.308), Section 2.D.

This is for a loaded firearm. If just packed/unloaded and not readily accessible I would think FOPA applies. I have no clue as to the legality of the wife who inherited the firearms being able to just give them to you without some specific mention in a will. Good Luck.
 
My daughter lives in SC and I know the laws there are weird for carry, they don't recognize a MA LTC. But you can carry loaded in the glovebox anytime with a handgun.

You can ALWAYS have simple unloaded possession of guns in SC on your person or in a car/truck if your not a prohibited person. SC, NC, VA, WVA, and PA no problem.

As long as nothing is contested and no one else in the family has an issue with it, bring cases, bury them in your car, and take them unloaded and cased to your home destination.

Registration is up to you, but since you technically owned them already and there is no paperwork, not needed.

Take 77-81-84 back as its the most rural route, and you'll skip NJ totally, and when going thru NY, and CT your more west of the major cities which if you ever got stopped, would be better than off of 95 in a shithole city. That said, gas up in PA on 81 in Matamoras and don't stop in NY or CT if you can help it.
 
Did I misread what USCCA posted? for non-residents with a license/permit for a state that South Carolina honors…from state that recognize SC permits… I don’t think that applies here, no? Please elaborate…
South Carolina does not give permits to out of state people, as far as I know. I think the exception to that is if you own property in South Carolina. But otherwise....they don't recognize MA LTC.

You can always have a loaded gun in the glovebox in South Carolina if your not a PP. Cops assume you do. I cross the line from NC to SC, I simply throw the handgun in the glovebox, but I can't conceal carry legally.

Simple unloaded possession of a firearm to someone from any state that is not a PP, as I stated above....is no issue at all.
 
Did I misread what USCCA posted? for non-residents with a license/permit for a state that South Carolina honors…from state that recognize SC permits… I don’t think that applies here, no? Please elaborate…
"Carry" and "posess" are 2 different things.
 
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