Transfer of firearm after parent's death

Sadly, my father just passed this week. He lives in Illinois. I live in Mississippi. His wife (not my mother) doesn’t like firearms. I’m going to ask her for my dad’s rifle before the funeral. Before she married my dad last year, she tried to get my sister to remove the rifle out of dad’s apartment without his consent. He doesn’t have a mental issue, so he was mentally stable. I advised my sister NOT to do it. That illegal without dad’s consent and my sister in Illinois does not have a FOID that Illinois requires to have a firearm. I have a Mississippi CCW. If his wife honors my request and gives me the rifle, can I legally bring it back home without any type of paperwork? It seems the CCW would clarify to Illinois that I’m licensed to carry. I looked at Illinois FOID and statues seem to indicate that okay. Since I’m licensed and she’s the wife.

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Normally, in your case of direct family most states won’t have a problem with a transfer.
Though as many will suggest, Check your state statues about firearm transfer.
My brother lived in Florida and pasted away and had a good selection of firearms. His son lives in New Jersey, do I have to say more! He had to jump though hoops, show multiple proof of ID which one was proof of birth here in the U.S. Also they can do this routine for each and every firearm.
So, again, Check your state statues and don’t rely on someone else’s words even if they live next-door to you.
Safe & Enjoyable Sporting.

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Thank you!!! I’m sorry for your loss.

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Sorry for your loss @Glenda
I agree with already stated above, you may need to have the rifle shipped through a FFL in IL.
IL is just a sketchy place when it comes to firearms.

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Is been my experience that you can buy rifles and shotguns On the spot out of state. Just not handguns. Handguns can be purchased out of state, but have to be shipped to a ffl in your state of residence and the transfer happens in your state.

So in this situation I’d say no problem except the wild card of Illinois.

So can you possess the rifle long enough to get out of the state without a foid card? I can ask a coworker with a foid card later in the day. Or maybe a resident will chip in here soon. One other thought is to call a gun shop in Illinois and ask if you can purchase a new rifle there with a Mississippi id?

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@Jerzy
Any ideas?

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No idea.
I would go through FFL or attorney. Ask them and proceed as advised.
Definitely it’s not a problem to transfer between Family members with valid FOiD and residing in IL. I did it in 1 minute.
In this particular case… no clue.

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Then again, it may be such that she only has to obtain a purchase permit; that eligibility could allow the rifle to be transferred directly to her w/o the need of an FFL. Further, I’ve not heard of a CCW applying to long guns. But as has been said, states’ law will be the determining factor. With Illinois being in such a flux now, there’s no telling what will be required.

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Not saying to do it….

Since you live in MS, I think I would drive up, put it in the trunk and drive home with it. No one needs to know but you and I would keep it that way.

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Condolences Madam. I too was honored to inherit an old-fashioned rifle from a parent in IL.

Maybe contact a few FFL dealers both in IL and MS. Be sure to tell them if you’re not going to live in or use the rifle in IL at all, just needing to transport it (if that’s correct).

“Non-residents must comply with the gun case law as described above. Additionally, the firearm must not be immediately accessible.” – IL DNR
Source: https://www2.illinois.gov/dnr/hunting/documents/transportyourfirearmlegally.pdf

Your situation is unique in that the original owner did not complete any paperwork over to you before his passing. I can only imagine the red tape his wife would experience trying to turn it over to you in writing.

“If” you drive it from Illinois to MS:

Bring copy of your birth certificate, have copy of your dear father’s death certificate, have copy of the bill of sales receipt which he had from his rifle purchase, and bring your own state’s permit/FOID and CCL.

Bring your rifle lock, that either covers the complete trigger or goes through the chamber, lock it, then place it in a case, preferably a locked case, some have those little tiny holes one can drop a lock through, so dark and small – we forget those holes are there.

Might not be a requirement, but just a thought, “What if you also have a relative or friend who happens to own an IL FOID card, have them in the vehicle where the rifle is locked in, as you travel back within IL?”

Unloaded, don’t store any of the rifle ammo in the same case of the rifle.

Like those above shared, check the rules yourself first.

Links

Discussion:

ATF note:

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Thank you!!

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Ok. Thank you.

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A very good reply. Also keep in mind that if you’re pulled over for speeding, a cop can’t simply search because they want to. You have to give permission or they have to have suspicion or a warrant. Keep claim, show the required documents for a traffic stop and carry on with your trip. Also they can only hold you for a reasonable amount of time to give the ticket.

Edit: maybe a fine point; if asked do you have any weapons in the car don’t ask for clarification. I would say no because it’s in the trunk and I don’t have access to it. Anything you say can and will be used against you.

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I did that from New York, when my dad died. At that time I didn’t know anything about gun laws and my Step Mother gave me his hunting rifle and Pickup, I flew up and drove home with the rifle. My Dads best friend did give a lock and we locked it. Maybe I just got lucky.

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I have an uncle in his late 80s and is into guns. I’m hoping to inherit something from him. Fortunately he lives in Indiana which recognizes my CCDW. I’ll drive up and get anything he leaves me.

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That’s great!!!

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Thank you for this information!

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As have been expressed, Glenda. You have our deepest sympathy and sincere condolences for your loss. May the memory of your dad remain alive with you forevermore.

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Thank you so much! Moments like this makes me so glad I joined USCCA. Everyone has been so thoughtful and helpful!! GOD Bless each of you!

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This was great insight. Thank you!!

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