Bringing my Grandpa's guns from Ohio to Indiana. . .

[Brimaster]

sorry for your loss. my father passed 5 years ago, my mother gave me his guns, I packed em up in the bed of my truck and brought them home. I didnt get stopped though, figured if I did I would just deal with it as it came. I'm not saying you should do the same thing, he gave me a few guns now and then and I brought them home with me, I didnt see any difference. They were legally purchased, given to me, so I brought em home, didnt really think all that much about it, just did it.

5 years ago my father passed away as well. He told me the ones that was okay to sell and the ones he wanted me to keep and I should to wrote it down but thought we would have more time and unfortunately he passed the next day.
At the time we both lived in Illinois and when I moved to Indiana I kept them at my Mom and Dad's and when I got the gun safe finally I packed them up in the car and drove them home. My thought was the same as kan915 "They were legally purchased, given to me, so I brought em home, didn’t really think all that much about it, just did it."

 

[kludge]

yes, perfectly legal.

*sigh*

Federal Law: (emphasis added)

§ 922 Unlawful acts.
(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, (B)
shall not apply to the transportation or
receipt of a firearm obtained in conformity
with subsection (b)(3) of this section,
and (C) shall not apply to the
transportation of any firearm acquired in
any State prior to the effective date of
this chapter;

If grandpa was alive when he gave them to you it was not bequest or intestate successsion.

Why is this so hard???



To the OP: If you go get these guns in Ohio and bring them back without going through an FFL, consider this... look at what you have written and posted in a public forum, and then reconsider.

Look at it this way, even if the FFL charges you $20 per gun, you got them for $20 each.

Perhaps you don't want the paperwork to follow you. Fine. Have Grandma will them to you, them wait. No paperwork. No jail time. No fine. No lawyers fees.

 

[Clay]

*sigh*

Federal Law: (emphasis added)

I dont know why you fell the need to 'sigh' at me...... read the post I replied to.

cliffs notes: Gramps game me a gun when I lived in the same state then I moved, can I take my guns.

Answer, YES. They were his before gramps passed, and they he lived IN STATE at the time of transfer of position.

Look at my original reply to the OP, TECHNICALLY NEEDS TO GO THROUGH AN FFL TRANSFER TO BRING THEM TO INDIANA FROM OHIO.

 

[kan915]

Clay: same situation as the OP, guns in Ohio, me in Indiana.

 

[Clay]

No, ownership plays a MAJOR part in this, the KEY part in fact.

If you own the guns in OH, move to Indiana for what ever reason, and leave the guns in OH for what ever reason, you don't have to transfer them once you bring them to Indiana.

The OP didnt own the guns, at least it doesnt sound like he did, which means legally he should have to transfer them. The only way around it is if they were specifically left to him in a legal document, such as a will.

 

[1911 mike]

Put them in a gun case, leave them in the trunk, drive the speed limit, bring them home. Just don't worry about it!! I was in the same boat. Granpa lived in Ohio, left me 3 handguns and 4 long guns. I put them in the trunk. Took the bolts out, mags in the back seat and came home. No worry. Your not a wanted felon are you? Then just be the good person that you are and bring them home. Should be no problem unless you make one!!!!!!!!

 

[crispy]

No, ownership plays a MAJOR part in this, the KEY part in fact.

If you own the guns in OH, move to Indiana for what ever reason, and leave the guns in OH for what ever reason, you don't have to transfer them once you bring them to Indiana.

The OP didnt own the guns, at least it doesnt sound like he did, which means legally he should have to transfer them. The only way around it is if they were specifically left to him in a legal document, such as a will.

Who says he didn't own the guns in Ohio? Grandma?

Unless you really enjoy paying transfer fees, YOU ALREADY OWN THE GUNS!

Capiche? :wink:

 

[Bill of Rights]

^That's the sticky wicket.^

If you were named heir in Grandpa's will, go get them and bring them home.

If not, they are Grandma's and since they are going across state lines it's now an interstate transfer and goes on Form 4473.

Now, if Grandma lists them in her will...

With respect, Kludge, I think you're mistaken here.
The line of my post you partially quoted finished out with the specific portion of GCA '68 in question, 18USC 922(B)(3), which reads:

(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver--
(3) any firearm to any person who the licensee 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 licensee's place of business is
located, except that this paragraph (A) shall not apply to the sale
or delivery of any rifle or shotgun to a resident of a State other
than a State in which the licensee's place of business is located if
the transferee meets in person with the transferor to accomplish the
transfer, and the sale, delivery, and receipt fully comply with the
legal conditions of sale in both such States (and any licensed
manufacturer, importer or dealer shall be presumed, for purposes of
this subparagraph, in the absence of evidence to the contrary, to
have had actual knowledge of the State laws and published ordinances
of both States), and (B) shall not apply to the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

Unless Grandma holds a FFL, this does not apply to her. While OH law might cover this, both the GCA and IN law seem to allow him to do as I suggested he legally could, so long as he is at least 18, not prohibited by law from obtaining, possessing, or using a firearm. He is "obtaining" any long guns in question lawfully. Obviously, other states not contiguous and/or the transfer of any handgun would be as you stated, required to go through a FFL dealer here in Indiana.

I think we're all making this far too difficult.
IC 35-47-5-6
Purchasing or obtaining a rifle or shotgun
Sec. 6. (a) Any resident of Indiana:
(1) who is eighteen (18) years of age or older; and
(2) who is not prohibited by law from obtaining, possessing, or using a firearm;
may purchase or obtain a rifle or shotgun in Ohio, Kentucky, Michigan, or Illinois.
(b) Any resident of Ohio, Kentucky, Michigan, or Illinois:
(1) who is eighteen (18) years of age or older; and
(2) who is not prohibited by the laws of Indiana, his domicile, or the United States from obtaining, possessing, or using a firearm;
may purchase or obtain a rifle, shotgun, or ammunition for a rifle or a shotgun in Indiana.
(c) Any transaction under this section is subject to the provisions of the Gun Control Act of 1968 (82 Stat. 1213, 18 U.S.C. 0.922(B)(3)).
As added by P.L.311-1983, SEC.32.

If Grandma gives them to you and they are long guns, just bring them home. I don't think they even need to be specially cased, actions open, or anything like that, but don't quote me on that part.

If they are handguns, I think by the letter of the law, they must transfer through a FFL.

HTH!

Bill

 

[kludge]

Bill, also respectfully, I would love to be mistaken. (b)(3) applies to FFL's, we agree, and an FFL can transfer a rifle or shotgun to a resident of another state so long as the states' laws allow it (our does, I don't know about Ohio).

Granny is not an FFL so (b)(3) doesn't apply to her. On this we also agree. But since (b)(3) does not apply, Granny and the OP need to comply with the statutes that do apply to them:

IC 35-47-5-6
Purchasing or obtaining a rifle or shotgun
Sec. 6. (c) Any transaction under this section is subject to the provisions of the Gun Control Act of 1968

and GCA 1968 says...

§ 922 Unlawful acts.
(a) It shall be unlawful—
(3) for any person...to transport into or receive in the State where he resides...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...

As much as I want to I just don't see any way around it.

 

[Bill of Rights]

Bill, also respectfully, I would love to be mistaken. (b)(3) applies to FFL's, we agree, and an FFL can transfer a rifle or shotgun to a resident of another state so long as the states' laws allow it (our does, I don't know about Ohio).

Granny is not an FFL so (b)(3) doesn't apply to her. On this we also agree. But since (b)(3) does not apply, Granny and the OP need to comply with the statutes that do apply to them:



and GCA 1968 says...



As much as I want to I just don't see any way around it.

So it would seem. I'd ask how we fell so far from our Founders' desires, dreams, and aspirations for us... but I already know the answer is apathy and laziness.

 

[kludge]

And stacked federal courts.