flying with a firearm?

[Duckiller]

No 4473 is required. Its your gun. You are flying on the airlines' plane they set the rules. There is a whole bunch of misinformation on this post. Talk to the airlines. They don't mind carrying guns in the cargo hold where you can't get to it.

[Petrol & Powder]

The underlying question is:

Can the OP, A resident of Washington State, take possession of that rifle in Nevada?


If it was from a FFL, the answer may be, NO, he is an out of state resident from a non contiguous state.

If it's from a private individual, such as the administrator of an estate......Maybe YES, he can take possession of the gun.

If the OP can lawfully take possession of the gun in Nevada then all he needs to do is place the unloaded rifle in the appropriate case with the appropriate locks and check it in with the airline. DONE.
OR
He could package it appropriately and ship it from Nevada to his home in Washington State.

[EDG]

Federal law specifically requires a NICS check for firearms in interstate commerce.
If you take possession in one state and you live in another that is an interstate transfer of ownership.

Flying has nothing to do with the need of a 4473.
You are clearly planning to cross a state line with a firearm you acquired in a state that you do not live in.

[Petrol & Powder]

I'm not sure if I go to my father's house in another state and he gives me a gun, I need to fill out a 4473 just to take my gun home.

If I go to a FFL in another state and acquire a long gun, I will need to fill out a 4473. If I'm not in a state adjacent to my home state, I may not be able to acquire it at all.

So going back to the OP's situation, he has been gifted a firearm from an estate in Nevada. It appears he is a resident of Washington. Can he take possession of that gun in Nevada without going through a FFL?

From the OP, " .......I have been gifted a post 64 Mod 70 as part of an estate ....."

[Wayne Smith]

You guys are missing one piece of information. Inheritance is the one exception to all the transfer laws. All he has to do is transport the gun as if it has always been his. As far as the law is concerned, that is the situation. This is only true in the case of inheritance.

[Petrol & Powder]

Wayne, I suspect you're correct but I don't know Nevada law enough to be sure.

It is clear that after 1/1/20 the Nevada law will allow the administrator of an estate to take possession of a firearm without going through a FFL but it will not allow the administrator to transfer that gun to the heir without going through a FFL.

So until the end of this year the OP can simply take possession of the gun and it is his gun at that point. He can then ship that gun by any lawful means he sees fit. (checked baggage, common carrier, etc.)

After1/1/20 there will be two sets of laws to deal with; Nevada law concerning the transfer of firearms between individuals and the federal law concerning the interstate transfer of firearms.

[EDG]

I am not so sure of that.
1. First off who is he inheriting it from? He did not say it was from a family member and if it was from someone else what does that mean to the feds?
2. The law obviously has a flaw because it means a family member could leave a firearm to a convicted felon or to a person with a misdemeanor domestic violence conviction. Neither are permitted to own or possess a firearm or ammo. It appears the only way to sort that out would be with a 4473 and a NICs check.

You guys are missing one piece of information. Inheritance is the one exception to all the transfer laws. All he has to do is transport the gun as if it has always been his. As far as the law is concerned, that is the situation. This is only true in the case of inheritance.

[Petrol & Powder]

There are TWO different sets of laws in play for the OP's scenario; the law of Nevada AND federal law.

First the OP needs to gain possession of the firearm. Currently, Nevada has little regulation over the transfer of firearms between individuals. As long as none of the parties are prohibited persons, guns can generally change hands between individuals. However, Nevada has passed a law to regulate the private transfer of firearms and will generally require a FFL to be involved in the transfer of firearms between individuals. That law goes into effect on 1/1/20. While that Nevada state law has some exceptions and allows some transfers to occur without an FFL in the loop, the exceptions are limited.

THEN, we must also consider federal law. If the OP must take possession of the rifle from an FFL in Nevada, the FFL may not be allowed to transfer the rifle to a resident of a non-contiguous state.

In the OP's scenario the state and federal law are intertwined. Prior to 1/1/20 the OP may be able to take possession of that rifle from an individual without involving a FFL. He would then be able to ship the rifle by a lawful means of his choice.
After 1/1/20 the administrator of the estate will likely have to deliver the rifle to a FFL to conduct a background check and related paperwork in compliance with the new Nevada law. At that point the Nevada FFL may not be allowed to directly transfer the rifle to a resident of Washington state.

So the title of the thread, "flying with a firearm" is a bit misleading because the OP's scenario involves more than just the possible transport by aircraft.

[45workhorse]

Just keep in mind, that piece of luggage may be hand carried out by airport personnel.

Flew to a conference in Nevada once, went to the luggage carousel, waited and waited, no more luggage! Went to lost and found and was informed that they hand carry firearms out. I don't have a problem with that it just would have been nice to know ahead of time. Majority of the time it just comes down the luggage chute.

Ask, the airline, every place is different!

Enjoy the rifle!

[quilbilly]

Thanks again to all of you! I still hope to drive down in the fall visiting friends from this board like Ammohead et. al.en route and enjoying seeing the quaking aspen change color in Nevada. Flying is Plan B which is certainly cheaper but nowhere near as enjoyable. I already have the mold, dies, a lifetime supply of brass that I have already prepped, and a whole lot of loads to try so you can imagine how excited I am. I have even cast a few good looking Loverin boolits with nothing to shoot them in yet. Hopefully the snow doesn't fly to early this year.

[NyFirefighter357]

NY is so screwed up if your flying from TX to New Hampshire with a pistol or assault rifle & have a layover somewhere in NY state, where the flight is cancelled or delayed long enough that you get your luggage back they arrest you for possession of an illegal firearm. Lets say you find you can save money by booking 2 different flights one from TX to Buffalo then from Buffalo to New Hampshire which means you have to get your checked bags to transport them to the next flight, your now in possession of an illegal weapon Your fine if the TSA keeps the guns on there side of the counter and transports them to the next flight, it's only if they give you possession of them.