Transfer of a gun when it was gifted by a dying family memeber?

C

Clemens53

New member
My father passed away in2005. When he died he left a Ruger 357. About 4 months ago, I finally decided that I wanted the gun. I was born and raised in PA, but I now live in SC, what do I need to do to put this gun in my name? I know in Sc we dont have to register guns, so what can I do?
 
NavyLCDR said:
Yep. That is the biggest deciding factor in the proper answer. If a PA resident has possession of the handgun, it must be shipped to a South Carolina FFL for transfer to the South Carolina resident.
Click to expand...
This is correct. The ONLY legal way to transfer from one state to another is through a FFL.
 
Do it the legal way so the "proper authorities" know you possess it legally. Of course since it is from your Dad you wouldn't carry it. You would put it away so you can never lose it or have it taken from you.
 
if it were me i would just drive it back to s. carolina without telling anyone where it came from esp since there is no required registration there and frankly nobody's business ....
 
§ 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;
 
SGB said:
§ 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;
Click to expand...

SGB, thanks for posting but what is the reference? I would like to read more...
 
Clemens53 said:
I have the gun with me now in South Carolina, so what do I need to do?
Click to expand...

Do nothing you own it. End of story. I was given several Firearms years ago in different states, no sells receipt or transfers were done. "Private" period. Brought them back home and that was that.
 
Just take it home.
One private person can sell or give to another without any paper work in most states.
If I understand it correctly you have possession (aka owner) it is yours. Unless you live in states like NY, NJ, MA
 
If you have the gun with you, you won't need to do anything. S.C. doesn't have registration, so you do not have to "register" it. If you lived in California or New Jersey, then the situation would be different. Your Dad passed away, so there is nothing else that needs to be done. You are just as legal as if you had purchased it years ago..
 
Clemens53 said:
I have the gun with me now in South Carolina, so what do I need to do?
Click to expand...

You are now a felon. Call the police and ask them to come remove all prohibited weapons from your home for distribution among their friends.

But whatever you do, don't make any furtive moves. Your life isn't worth spit now.

Lol.

Sent from my DROID RAZR using Tapatalk 2
 
Seeya said:
Do nothing you own it. End of story. I was given several Firearms years ago in different states, no sells receipt or transfers were done. "Private" period. Brought them back home and that was that.
Click to expand...

Stan45 said:
Just take it home.
One private person can sell or give to another without any paper work in most states.
If I understand it correctly you have possession (aka owner) it is yours. Unless you live in states like NY, NJ, MA
Click to expand...

Private party transfers with no FFL involvement are only legal if both private parties are residents of the same state. That includes both sales and gifts, family members and strangers, handguns and long guns.
 
So what if I am given or buy a gun in my state then move to a different state five years from now. Are you telling me that I have to ship it to myself in the new state through a FFL?

Mark
 
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