Ed,
Transportation though a state otherwise prohibiting possession of the weapon would not be a problem as long as there are no side trips or extended stays.
Under the McClure-Volkmer Act of 1986 which amends certain provisions of the Gun Control Act of 1968, individuals may transport firearms through a state which would otherwise view the transport as unlawful if the firearm is unloaded, cased, and stowed in a trunk or external compartment which is not readily accessible to the occupants. Ammunitition would have to be kept separate from the firearms. If the vehicle has no trunk or outside compartment the individual may transport the firearm in a locked container. An internal compartment other than a glove box or console box which is locked may also suffice when a trunk is not available.
If the gun is passing to an individual through a will or the laws of intestate succession, you are correct that federal law would permit the transfer directly to the legatee, even from one state to another, under § 922 (a)(3)(A):
Unlawful acts.
(a) It shall be unlawful—
...
(3) for any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
(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." (emphasis added)
The gentleman who asked the question did say that he was "inheriting" the Luger but that can mean different things to different people. If there is a will and a specific bequest of the Luger to him, once the will is accepted for probate it would be lawful for him to receive the firearm state to state as long as he has obtained his Mass. FIC.
However, if it was me I would want the gun in my dealer's possession ASAP rather than wait for Mass. to issue the FIC so I would ask my dealer to take delivery of it and hold it until I could lawfully pick it up.
Regards,
Doug
|