Re: Xfer
Cross-X said:
Rob Boudrie said:
Cross-X said:
DR, you have said it better than I did.
Since it is an interstate transfer, because Cletus is not a MA resident, the transaction has to go thru a FFL in NJ.
This is where the roadblock is, because FFLs cannot transfer handguns to someone under 21.
I believe that bequest is the one way a handgun can be transferred between individuals across state lines without use of an FFL.
Rob, if that is indeed the law, that is surprising.
By any chance do you have a citation to the federal law or regulation that allows for this?
Darius,
Counselor, this one is gonna cost you! The bill is in the Mail!
18 USC Ch. 44 Sec. 922(a)(3)(A) & 922(a)(5)(A)
27 CFR Part 178.29 (a) &178.30 (a)
Key Search Words: "bequest" and "intestate succession"
Very seriously, this was very difficult for me to find as the keywords I used were NOT the ones that the Feds used (damn)! And as much as Ron Glidden talks about this at every seminar, I didn't find it listed in his book (4th Ed is the latest that I have).
I have to seriously take exception to your recommendation to use an FFL in a "bequest" situation and here's why:
- First I don't know how you brought NJ into the mix, as the question related to NY and VT. NJ is real bad news, just like MA!
- If Fed Law and State Law does NOT require using an FFL, do NOT do it! The deceased's wishes may well not be carried out if an FFL is used. Just to use the example of MA (where Ron Glidden has stated each time we do NOT have to use an FFL for bequest/intestate transfers) . . . the FFL would legally be PROHIBITED from transferring any "non tested", "non approved" handguns to anyone, period, end of story! Handguns such as my late Father's Luger (WW2 capture) along with my C&R handguns could all be "gone" in that case as they aren't "approved" and never will be!
- I don't know if NY allows bequest/intestate transfers without an FFL, so the above may not be appropriate to the original question. I do know what I've been told by Ron on MA bequest/intestate transfers and that is that an FFL is NOT required . . . and can be a disaster as noted above. That is why each involved state's laws must be checked to see what is legal there.
- This is a case where you do NOT want to do more than the law requires! Unlike my earlier recommendations (which you took exception to) to lock guns in a case before placing in a locked car trunk (which I claim is "good practice" as opposed to law)!