Inheriting A Firearm
If you are inheriting a firearm, you may have many questions. Frequently, we are contacted when a resident of Florida inherits a firearm from a relative in another state. The caller is aware of the normal rules that prohibit the transfer of a firearm between two people who are residents of different states. They worry that if they take possession of the firearm they will be breaking Federal Law.
Federal Law Prohibits Direct Sale of a Firearm between residents of different states
The transfer of a firearm across state lines ordinarily must be done through a Federal Firearm Licensee (FFL). If you are selling or gifting a firearm to someone who is a resident of a different state, you must use an FFL to make the transfer. This is true even if it is a close family member such as a child. Federal law governs any transaction that occurs across state lines. Generally, FFLs charge a small fee to assist in making the transfer.
To sell or gift a firearm to someone outside of your state of residence, you must take the firearm to an FFL and arrange to have it sent to an FFL in the receiver’s home state. Both the seller (gift giver) and the purchaser (gift receiver) commit a Federal crime if the transfer is made directly without using an FFL. Both parties are guilty of a Federal Felony punishable by up to 5 years in prison and a $5,000 fine.
Inheriting A Firearm is different
If you are inheriting a firearm from a person in another state, the normal interstate transfer rules do not apply. The executor of the will can transfer the firearm to you without going through an FFL. This also applies to interstate inheritance. The only issue is that the receiver (you) must lawfully be able to possess a firearm in your state of residence. If you are ineligible to possess a firearm, the executor cannot transfer the firearm to you.
Registering your Inherited Firearm
Many people in Florida move here from northern states. These states require the registration of every firearm. That is not the case in Florida. There is no firearm registry here. Even if you wanted to register your newly inherited firearm you could not.
Inheriting A Firearm – Antiques
Finally, if you are inheriting an antique firearm, you do not need to worry about the above rules. Antique firearms are not “firearms” for the purposes of either Florida or Federal law. Antique firearms are simply property.
An antique firearm under federal law includes any firearm with a matchlock, flintlock, or percussion cap, or similar type of ignition system manufactured in or before 1898 or any replica of a firearm just described so long as the replica “is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or uses rimfire or centerfire ammunition that is no longer manufactured in the United States and is not readily available in ordinary channels of commerce.” 18 U.S.C. §§921(16) (A) and (B)
Under Florida law, antique firearm means“any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.” See Florida Statute §790.001(1).
Rules You Must Know When Inheriting Firearms in Florida
David Katz goes over the 3 things you need to know if you find yourself in this situation. If you have any specific questions, please feel free to reach out by submitting your question for us to answer with the form on the right or contact our firm to discuss your issue.
If you have inherited a gun or other firearms, there are three things you need to know. One, federal law strictly prohibits the transfer of a handgun to a resident of another state unless done through a federal firearms licensee or FFL. Although you cannot ordinarily directly transfer a handgun between two people who reside in different states, if you inherit a firearm from a person in another state, it does not matter that the person who bequests the firearm to you lived in another state.
The executor of the will can transfer the firearm to you without going through an FFL as long as you can lawfully possess a firearm in your residence. State. Two. In Florida, there is no such thing as a firearm registry. Therefore, when you receive a firearm from another individual. Whether through private sale or inheritance in a will, you do not need to, and in fact could not, even if you wanted to register that firearm.
However, you must also check the law in the state where the decedent lived. Three. If you are ineligible to possess firearms, then the person administering the will cannot transfer the firearm to you. They could sell the firearm and provide you with the proceeds, but cannot transfer a firearm to you if you cannot lawfully possess it.
One last thing. If you inherit an antique firearm defined under federal law as manufactured in or before 1898 and under Florida Law as manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
Then you do not need to worry about the above rules. Antique firearms are not firearms at all under the law and are treated like any other piece of property left in a will. If you have any questions about whether the firearm you have inherited is considered an antique, or any other questions about I inheriting firearms, please call US Law Shield and ask to speak with your independent program attorney.
David S. Katz
About Expert Firearm Attorney David Katz. David Katz is an Expert Firearm Attorney and has been practicing law for over 14 years. He began his career as a prosecutor in Seminole County, Florida. There, he gained invaluable experience analyzing how...
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If you have inherited a gun or other firearms, there are three things you need to know. One, federal law strictly prohibits the transfer of a handgun to a resident of another state unless done through a federal firearms licensee or FFL. Although you cannot ordinarily directly transfer a handgun between two people who reside in different states, if you inherit a firearm from a person in another state, it does not matter that the person who bequests the firearm to you lived in another state.
The executor of the will can transfer the firearm to you without going through an FFL as long as you can lawfully possess a firearm in your residence. State. Two. In Florida, there is no such thing as a firearm registry. Therefore, when you receive a firearm from another individual. Whether through private sale or inheritance in a will, you do not need to, and in fact could not, even if you wanted to register that firearm.
However, you must also check the law in the state where the decedent lived. Three. If you are ineligible to possess firearms, then the person administering the will cannot transfer the firearm to you. They could sell the firearm and provide you with the proceeds, but cannot transfer a firearm to you if you cannot lawfully possess it.
One last thing. If you inherit an antique firearm defined under federal law as manufactured in or before 1898 and under Florida Law as manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
Then you do not need to worry about the above rules. Antique firearms are not firearms at all under the law and are treated like any other piece of property left in a will. If you have any questions about whether the firearm you have inherited is considered an antique, or any other questions about I inheriting firearms, please call US Law Shield and ask to speak with your independent program attorney.
