Inherited out of state rifle

[voyager9 3,434]

All,

I'm a new member so go easy.. I haven't had a chance to do an indept search yet.. but I had a question regarding inheriting a rifle from out of state. Here are the details:

 

My parents lived in Maine and my father passed a few years ago. At the time the family got together and distributed his belongings that my mother didn't want, including a Remington 760 .257 that I wanted. My mother is now downsizing and I want to get it down from ME to NJ. The question is how.

 

So multiple questions:

-- Does this count as inheritance? There was a will but it did not itemize anything. I haven't read it verbatim but I believe it was along the lines of "mom and the kids get everything". What do I need to ask to even find out?

-- Assuming it was 'inherited', how can I transport the rifle from ME to NJ? Since I'll be helping her move I'd like to just drive it back. Can I? What procautions do I need to take? Assuming its not considdered inherited, what are my options?

 

FInally, and not legal related.. what can you guys tell me about the Remington 760 in .257? I had never seen a pump-action rifle before and found it unique.. and reading online it sounds like a very popular firearm..

 

Ok, one more. This thing probably hasn't been fired in 20 years. Any recommended gunsmiths in the Mount Laurel/Moorestown area?

 

Thanks for helping the newb.

[Jon 264]

Unfortunately, without an itemized will, the rifle belongs to your mother. In order to legally transfer it to you from her, it would need to go through an FFL in either ME or NJ. It could either be shipped, or your mother could bring it to the FFL. Now, I'm not familiar with Maine laws, but if they allow a long-arm to be transferred among family without any paperwork, and the rifle was transferred in Maine while you were a resident there, then the gun was obtained legally out of state, and you need to do nothing other than bring it to NJ with you.

 

Edited to correct misinformation.

[Pizza Bob 1,488]

He could have the transfer done by an FFL in Maine, as long as he has a FPID - this is a long gun. Should be covered by FOPA for the trip home, just transport accordingly.

 

The 760 is a fine rifle. Very popular for deer in the woods of PA. Also popular among left-handed shooters. Not going to be easy to find .257 Roberts ammunition, but I imagine it could be ordered, or someplace like Cabela's would have it.

 

Adios,

 

Pizza Bob

[Jon 264]

Thanks Bob, edited.

[mcbethr 42]

If you are looking for a gunsmith, Mikes Sporting Goods on Route 38 East may be able to help. Only bad thing is that he never actually seems to be open! His hours are something like 9 to 4 on weekdays ans Saturdays. I'm not sure how he stays in business, but he's been around for as long as I can remember.

 

http://www.mikessportinggoodsonline.com/

[Malsua 1,422]

Did you live in Maine at the time of your father's passing?

[voyager9 3,434]

Did you live in Maine at the time of your father's passing?

Unfortunately no.

[voyager9 3,434]

He could have the transfer done by an FFL in Maine, as long as he has a FPID - this is a long gun. Should be covered by FOPA for the trip home, just transport accordingly.

 

I imagine it depends on Maine laws but do you know what is involved for a "transfer by FFL"?

 

[halbautomatisch 60]

Is your mother moving to NJ or just another location in Maine? If she is move here she could transfer it to you once she moves to NJ with only a COE if you have an FID card.

[KpdPipes 388]

I imagine it depends on Maine laws but do you know what is involved for a "transfer by FFL"?

 

Easiest way is you and your Mother walk into an FFL in Maine, explain the circumstances, and he does the transfer for a small fee..easy peasy, and the least amount of hassle.. otherwise it entails shipping the rifle to an FFL here, and incurring shipping, transfer and NICS fees and taxes.

[voyager9 3,434]

Is your mother moving to NJ or just another location in Maine? If she is move here she could transfer it to you once she moves to NJ with only a COE if you have an FID card.

 

No, she's staying up in Maine. I can see how that would be easier.

[voyager9 3,434]

Easiest way is you and your Mother walk into an FFL in Maine, explain the circumstances, and he does the transfer for a small fee..easy peasy, and the least amount of hassle.. otherwise it entails shipping the rifle to an FFL here, and incurring shipping, transfer and NICS fees and taxes.

 

Thanks, that makes sense. Hopefully I can find a FFL that isn't too far away from her current, or new location.

[Pizza Bob 1,488]

Easiest way is you and your Mother walk into an FFL in Maine, explain the circumstances, and he does the transfer for a small fee..easy peasy, and the least amount of hassle.. otherwise it entails shipping the rifle to an FFL here, and incurring shipping, transfer and NICS fees and taxes.

 

Since the Maine FFL may not be familiar with NJ laws, I'd print out two copies of a COE from the NJSP website and take them with you. Also show him your FPID. You should be GTG.

 

Adios,

 

Pizza Bob

[Parker 213]

Follow the recommendations cited here to procure your rifle. It is as easy as it sounds.

 

As for the 760 Gamemaster, it is a solid rifle, and the .257 Roberts chambering is unique in that rifle, for it was only chambered for a number of years. It is becoming somewhat collectible now and I have seen clean 760's selling for as much as $750 in the Roberts chambering. (Then again, a used gun will sell for whatever a person is willing to pay.)

http://www.remington...gamemaster.aspx

 

The 760 is a great rifle, and under-rated. Its lockup is very strong, allowing it to use high-intensity cartridges, the barrel is free-floating from the receiver forward and most rifles with proper loads can be made to shoot very small groups. (I've never seen a Model 760, 7600 or Model 6 that could not shoot well. It's a popular, no nonsense rifle in my circle of hunting buddies.) The .257 Roberts is a great round, handling properly shaped hunting bullet weights from 70 grs. up to 120 grs. It shoots almost as flat as a .243/6mm and you should get enough velocity out of the 22" bbl. to achieve good results. It's a mild-recoiling round that is perfect for varmints or deer.

 

Hornady still offers a +P loading with two of their 117 gr. bullets (SPBT & SST.) Remington still offers the 117 gr. RN Core-Lokt which is a good short-range load. Factory brass is becoming more difficult to find but you can always resize up from 6mm brass, or resize down from 7x57 brass or .30-06 brass in a pinch with some additional effort.

[voyager9 3,434]

Since the Maine FFL may not be familiar with NJ laws, I'd print out two copies of a COE from the NJSP website and take them with you. Also show him your FPID. You should be GTG.

 

For the acronym impaired: COE?

[Pizza Bob 1,488]

For the acronym impaired: COE?

 

Certificate of Eligibility - available here...

 

http://www.njsp.org/info/pdf/firearms/sp-634.pdf

[voyager9 3,434]

Certificate of Eligibility - available here... http://www.njsp.org/info/pdf/firearms/sp-634.pdf

 

Danke..

So my understanding is this "Transfer" is basically my mom giving, for zero cost, the rifle to the FFL. The FFL then gives, at zero+fee, the rifle to me. Is that correct? So the COE would be filled out between the FFL and myself?

[Pizza Bob 1,488]

Danke..

So my understanding is this "Transfer" is basically my mom giving, for zero cost, the rifle to the FFL. The FFL then gives, at zero+fee, the rifle to me. Is that correct? So the COE would be filled out between the FFL and myself?

 

Correct

[halbautomatisch 60]

Danke..

So my understanding is this "Transfer" is basically my mom giving, for zero cost, the rifle to the FFL. The FFL then gives, at zero+fee, the rifle to me. Is that correct? So the COE would be filled out between the FFL and myself?

Don't be surprised if a Maine FFL balks at filling out a NJ form (COE), a lot of out of state dealers don't care about NJ laws.

[voyager9 3,434]

Danke..

So my understanding is this "Transfer" is basically my mom giving, for zero cost, the rifle to the FFL. The FFL then gives, at zero+fee, the rifle to me. Is that correct? So the COE would be filled out between the FFL and myself?

Correct

 

I'm finally getting up to Maine this weekend and plan to bring the rifle back with me. Looking at the COE form in detail and I had a question. On the form under part 2 (Receiver) question 11 reads "State of Residence" and then says "If other than NJ, this transfer must go through a licensed firearms dealer."

 

This seems backwards to me. The way it reads now, if my state of residence is NJ then I do not have to go through an FFL for the transfer. Am I reading that right?

 

Assuming I'm not, and that I would have to use an FFL, would this require an NICS check? I think the answer is 'no' as there is nothing mentioned about it on the form..

 

Thoughts/Comments anyone?

[PK90 3,570]

Confusing, yes.

 

That is really a state form and directed toward transaction within the state. Assuming the seller is a NJ resident, face to face sales to an out of state resident is not allowed and must go through a firearms dealer. Face to face with a NJ resident does not have to go through a dealer.

 

However, you are purchasing from an out of state resident. ALL interstate transfers between non-licensees MUST go through a dealer and the dealer must, according to ATF, follows the laws of their state and the state of the purchaser. IMO, you should present the COE to the dealer to use. Should he not, you fill one out and right refused where he should have signed.

 

*Purchaser = Acquirer

 

ETA: A NICS check will definitely have to be done.

[Malsua 1,422]

Any transfer of a firearm from a resident of one state to a resident of a different state requires that the transaction goes through an FFL. The only exception is if you are named in a will then no paperwork is required.

 

Any transfer of a firearm at an FFL requires a NICS check. It's free in many states but I can't speak to Maine.

[Smokin .50 1,907]

Seems like a lot of trouble to bring back a rifle (your own Father's, passed-down through a will to your Mom) that may not have ever been registered in the first place.......

 

IANAL, but I can only imagine the dumbfounded look on the face of a Maine Gun Shop owner having to make this transfer. For all we know, there may be a Maine law that says any kin can just walk-away with it if the Executrix so deems. Too bad you still don't have at least a temporary residence in Maine......

 

Crossing all of the T's and doting all of the I's is a PITA in the People's Republic. I know PLENTY of folks who, having a NJFID, and not being a Prohibited Person, would simply just take the rifle back to Jersey after giving their Mom a kiss and a hug.....and some of them are Cops!

 

Dave

[PK90 3,570]

Ii think the OP wants to do take acquisition the LEGAL way. It is really quite simple. You have two choices:

 

1. Have the legal possessor ship the long gun via US Postal Parcel Post to a NJ dealer and you take possession of it there with a NICS check, COE and $.

2. Have the possessor take it to a ME dealer for transfer to you with the same NICS, COE and $.

 

Easy Peasy Lemon Squeezy

[Smokin .50 1,907]

Of course, EVERYTHING should be done Easy Peasy Lemon Squeezy, and LEGAL, lol!

[voyager9 3,434]

Update:

Thanks everyone for the advice and what I would have to do. I was up there this weekend helping my mother move into the new place. While there we went to L.L.Bean and did the transfer. This was actually pretty else but took some time since, as expected, they looked cross-eyed at the NJ-specific paperwork. They actually didn't need anything from my mother at all, or at least she didn't have to sign anything, Maybe because Maine does not require paperwork for in-state transfers so her, by simply being there, was implicit transfer. While there I also picked up a long gun case suitable for flying.

 

Flying home was even more of a piece of cake. Just needed the hard-shell lockable gun case and had to demonstrate that it was unloaded. I actually had more of a problem getting through security 'cause I left my wallet in my pocket then I did with the rifle.

 

Now that I'm home I had a better lock at the shape the rifle is in. After being stored in a basement and not fired for 30 years it needs some work. The action and everything still seem smooth, but I still want a gunsmith to strip it and give it a once-over before I put any rounds through it. Just gotta fun one nearby.

 

Speaking of rounds: .257 Roberts rounds.. $1.50 ppr! Ack

[Smokin .50 1,907]

See, I warned you that they'd look at you cross-eyed, lol!

 

Glad it all worked out for you.

 

It's a deer gun, not a .22 plinker, so ammo cost isn't a big deal since you're only going to sight it in and shoot a box or so every six months, right?

[voyager9 3,434]

It's a deer gun, not a .22 plinker, so ammo cost isn't a big deal since you're only going to sight it in and shoot a box or so every six months, right?

 

True.. but that's what I thought when I got my other firearms too..