transfer of ownership from MN to VA

[DryBones]

My father passed away some time ago and my sister ended up with all his shotguns and rifles. She wants to give me 1 or 2 but I don't know how we go about transferring them to me so that I can be the legit owner of them. Are there forms/permits that need to be done? New to gun ownership in Virginia so thought what better place to ask then here!

Thanks in Advance,
Jason

[arab1302]

Google it. In VA, there is no requirement to keep a record of a private sale. If the same is true in MN, then you are good.

[ Post made via Mobile Device ]

[RWBlue01]

Someone correct me if I am wrong, but.....
If I was receiving a purchase of a rifle or a pistol from out of state, it would need to go through an FFL.

If receiving a gift or in this case it is willed to you, I don't think so. The issue is driving to get them. If you ship them I think there will be an issue receiving the package.

BTW, I have never received a gift over state lines. This is just what I have picked up over the years at gun shops and reading the web.

[DryBones]

the drive can be made for either of us. Once in my possession then I am good to go in Virginia?

[RocKor]

Because they are LONG GUNS you can take possession in that state or she can bring them to you. HANDGUNS cannot be transferred to out of state residents in any state.

Once you have the guns as long as you aren't a felon or a nut, you are good to go. No registration of any kind in the state.

[DryBones]

no problem.... my Father was a State Police Officer in MN. Guns in question are a .22 Savage and a possible Remington 870 Shotgun. Thanks for all the info.

[jdonovan]

Transfers across state lines, or between residents of different states must involve a FFL.

The exception is if the guns were given to you in the will.

Because they are long guns, you could acomplish the transfer at a MN dealer, and then bring them home yourself.

Or you can have your sister ship them to a VA ffl holder and complete the transfer here in VA.

Are there forms/permits that need to be done?

[RocKor]

Not true, only interstate transfers of handguns and regulated firearms (like "assault weapons" in some states) need to go through an FFL.

[jdonovan]

Not true, only interstate transfers of handguns and regulated firearms (like "assault weapons" in some states) need to go through an FFL.

care to cite a federal law that permits it?

18 U.S.C. 1715, 922(a)(3)

specifically prohibits it.

[wally626]

Since your sister was left the guns, so this is not a transferr via will. Your sister will have to ship or drive the guns to a FFL in VA for a transferr. Or you could drive to MN and have your sister take the guns to a MN FFL for the transfer.

There are a few exceptions that do not require an FFL for interstate transfer but non would apply in this case.

If you are having the guns shipped, check with your desired local FFL to make sure they will acept a shipment from a non-FFL, or you sister may have to have a FFL at her end do the shipping.

[SilentServiceVet]

For the record, I'm not a lawyer, but 18 U.S.C. 1715, 922(a)(3) does not necessarily prohibit what the OP is trying to accomplish, as suggested above. The code states:

"(a) It shall be unlawful -

(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph (A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State ..."

be·quest (b-kwst)
n. The act of giving or leaving personal property by a will.

intestate succession
n. The distribution when a person dies without leaving a valid will and the spouse and heirs will take (receive the possessions) by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Collectively these are called the laws of intestate succession.

The "legalese" above says that you don't have to use an FFL to transfer the guns from MN to VA if you are given them via a will or through the law of intestate succession. Without belaboring the point, the OP did not state the guns were left to his sister via a will. Just that "my sister ended up with all his shotguns and rifles." Depending on how much time has passed and whether the OP's father left a will or not determines whether he can go to MN and retrieve the guns.

If they were bequeathed to your sister in a will, then legally you need to have them transferred to you via FFL. Not a big deal.

If they are subject to intestate succession, then legally you should be able to go retrieve them and bring them to Virginia, but some states do have a limit on time (i.e. 60 days from time of death, for example) in which you would have had to go and get them. If that time has passed, use an FFL ... legally.

I went through a similar situation years ago, and there was no will. I drove to NC, retrieved the long guns, and brought them to VA without notifying anyone for two reasons: 1) I wasn't breaking the law, and 2) often it is far easier to just keep your mouth shut and do it, than draw undue attention to yourself. If there was a will, or too much time has passed for intestate succession to be applicable, some would say, "just go get the guns and keep your mouth shut, since you do not have to register them here in Virginia." In my example, had there been a will, I would likely have been given the guns by the surviving spouse anyway, and I would not have bothered doing an FFL transfer.

[mtbinva]

I apologize in advance to the OP for a slightly different question.

What about sales of accessories suck as clips, magazines or ammo?

[jdonovan]

I apologize in advance to the OP for a slightly different question.

Ya woulda been so hard to start a new thread.

What about sales of accessories suck as clips, magazines or ammo?

Va has no state laws restricting such, as long as they are old enough and you have no reason to know they are prohibited from possessing such.

[mtbinva]

Valid point! LOL!

And thanks!

[VBshooter]

Just go get them and bring them back here,Transport them properly and be done with it...,All the BS from the guvmint has people forgetting just what the hell private means and paranoid for no good reason.

[CDSnyder83]

Does anyone know what the rules are from VA to MD?

[jdonovan]

use a FFL and be safe. MD doesn't play nice with firearms, and you don't want a problem in this regard.