A few questions involving FFL Transfers

[deedude]

I live in NC, and my grandfather has a shotgun that he wishes to give to me. If I go pick it up in person do I still need to go to a FFL and then have them call in for a NICS check and do all that paperwork?

Also, on a similar case, my grandfather on my other side of my family recently passed away; his firearms, which his estate decided should go to me, are still in West Virginia. Same question: Do I need to go to a FFL? I believe the ATF makes an exemption for inheritances and bequeathals but my google-fu is weak and I have been unable to find anything substantial one way or the other.

If it makes any difference, the physical transfer (me taking possession) would be done in person. My previous NICS checks have all come up clean, but I don't want to be whacked for a fee for taking whats rightfully mine if I can avoid it.

 

[carguychris]

I live in NC, and my grandfather has a shotgun that he wishes to give to me. If I go pick it up in person do I still need to go to a FFL and then have them call in for a NICS check and do all that paperwork?

If your grandfather is also a legal resident of NC, federal law does not require a FFL transfer, nor does it require you to pick up the gun in person. Under federal law, intrastate (as opposed to interstate) mail-order transactions are perfectly legal, provided that neither party is legally prohibited from owning the firearm.

Intrastate transactions are governed entirely by state law. Some states require FFL transfers and/or prohibit delivery by mail, but I am not familiar with NC state law, so I cannot comment on it.

Also, on a similar case, my grandfather on my other side of my family recently passed away; his firearms, which his estate decided should go to me, are still in West Virginia. Same question: Do I need to go to a FFL? I believe the ATF makes an exemption for inheritances and bequeathals...

You are correct that inheritance is exempt, it's in 27 CFR Sec. 478.29.

Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, shall transport into or receive
in the State where the person resides (or if a corporation or other
business entity, where it maintains a place of business) any firearm
purchased or otherwise obtained by such person outside that State:
Provided, That the provisions of this section:
(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 aware, however, that this provision does not exempt the recipient from state licensing, state registration, state or local prohibitions on the ownership of certain classes or firearms (i.e. so-called "assault weapons"), or from the NFA.

Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not official legal advice. Caveat emptor.