Ohio gun law question

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Ohio gun law question

Postby techmike » Sun Nov 19, 2017 7:37 am

My father, (who does not reside in Ohio), told me he is giving me a rifle, it belonged to one of his brothers. I would need to visit a lawyer in Shelby county to pick it up. All cool so far. Then my father texts me that some cousin of mine, that I do not know and have never heard of, has the rifle and I can get it from him. I am uncomfortable with this, I do not know why the lawyer gave the rifle to this cousin, if it was supposed to go to me. I am thinking of having it sent to a local FFL for pick up. Thoughts?
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Re: Ohio gun law question

Postby JustaShooter » Sun Nov 19, 2017 8:16 am

techmike wrote:I am thinking of having it sent to a local FFL for pick up. Thoughts?

Do this. That is the only legal way for you to take possession of a firearm from someone who is a resident of another state (except by inheritance, which doesn't sound like the case here).
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Re: Ohio gun law question

Postby djthomas » Sun Nov 19, 2017 11:40 am

JustaShooter wrote:(except by inheritance, which doesn't sound like the case here).

The inheritance rules are probably one of the more less understood and less followed aspects of federal firearms law. Settling estates in general is often not done 100% legally but it's kind of a no harm no foul thing and firearms just complicate it further. I suspect that thousands of non-compliant transfers occur every year by people who don't know any better. Does anything happen to them? Seems not, but props to OP for trying to do this the right way.

Basically what it comes down to is if the firearm was left to someone in a will or the laws of intestate succession (i.e. dying without a will) dictate that it go to someone then that person has title to the firearm and can receive it across state lines. It would be OK for an executor or a lawyer to take possession during the course of settling the estate. I would probably even disregard the rifle going to the cousin since that's the lawyer's error and proper title to the rifle belongs to whomever the will or intestate succession laws name.

On the other hand if OP's dad inherits his brother's estate, or any portion of the estate which results in him getting the rifle, then that's the unrestricted transfer and it is now his dad's property. If dad decides he doesn't want the gun and gifts it to his son (OP) then that's no different than dad gifting him any other firearm; FFL is the way to go if its out of state.

Something similar happened when my grandfather passed away. His will left everything to my grandmother. She had no interest in the firearms so she offered them up to my dad and me. Since we all lived in Ohio it was no problem. She called my aunt (their daughter) down in Georgia and asked if she wanted the 38 special she used to shoot with her dad when she was a girl. My aunt said yes so grandma dutifully took the pistol to the post office to mail it to her. The clerk, who she has known for years said "Oh honey I don't think you can mail that." Long story short they got the postal inspector and the family lawyer on a conference call in the post office lobby where grandma was politely told that you can't mail handguns and you can't give them directly to an out of state relative. They also pointed out that bringing a handgun into a post office was probably a no no. The postal inspector suggested she go to the gun shop down the street to see if they would do a transfer for her. Grandma decided that was too much trouble so she apologized for the hassle and went home. All I know is after my aunt's next trip to town grandma didn't own any more guns.

Only my grandmother can carry a gun into a post office, get caught trying to mail it, and have the authorities falling over themselves to try to help her out.
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Re: Ohio gun law question

Postby Brian D. » Sun Nov 19, 2017 5:13 pm

djthomas wrote:Only my grandmother can carry a gun into a post office, get caught trying to mail it, and have the authorities falling over themselves to try to help her out.


The gun laws made since 1968 have almost all been exercises in futility and stupidity. Before then, what your grandmother was doing would have been perfectly legal, right?
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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Re: Ohio gun law question

Postby schmieg » Sun Nov 19, 2017 10:08 pm

djthomas wrote:Only my grandmother can carry a gun into a post office, get caught trying to mail it, and have the authorities falling over themselves to try to help her out.

After my stepfather's death, my mother walked into the sheriff's office in Arizona carrying a loaded P38 and asked if they could show her how to unload it. They did. She took it home and then brought it up here with his other guns when she moved back. They are all in my safe now.
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