Legally assuming ownership of guns from a deceased family member

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Taurus 66

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What's it like in your state? I'm in New York and would especially like to see some NYers chime in on this one. Does it require something as simple as a will for a legal transfer or would we need to contact our state police/county clerk?
 
The idea that it is a problem at all is completely alien to me here in Utah. Here, it is assumed that your family will take them, and I can only imagine feathers getting ruffled if you refused to accept them, and had to call the local police to ask them to take them away. "Why? What are WE going to do with them?"
 
In NY a handgun will require a pistol permit. You would probably have to give it to a dealer or police until it's on your permit. I don't think there's a long gun problem but I'd like to hear from someone who knows for sure.
 
I have a friend that lives in Albany. Used to work with him down here in Atlanta. He got a bunch of guns from his mom who owned a few clubs in NYC. He said it's very easy to get handguns transferred to you from another provided they were on someone else's permit in the first place. If the person is deceased just take the probated copy of the will to your county clerk and have the transfer done. This only works if you already have a permit of your own. If not apply for one. An FFL can hold them for you until you get a permit. I'd trust an FFL before I'd trust the police unless you have a cop buddy who will hold them for you.

These registration requirements are foreign to most of us on here.
 
Seems the biggest problem is gettng them from other family members. Funny how a sister that is a huge ant-gun liberal from California suddenly turns into an expert collector when it comes to Pre-WWll Lugers.
 
Here in Alabama, when my father died, my nephew simply got one of his pump action 20 gauges, I got the other and my father's 12 gauge semi, his Remington .22 and his M-1 Carbine.
Wasn't even in the will. Just "happened" that way.:D
 
What about across state lines?

I live in Colorado, my 'rents live in Kansas, when my dad passes I'll get half his guns (my brother who lives in Missouri gets the other half).


Will we have to have these guns shipped to an FFL and pay transfers on all of them? Or can we just load them into the trunks of our cars and drive them home?
 
In Nazi Germany you had to have a permit to buy guns. However, no permit was required to take posession of firearms willed to you by a deceased individual. Indeed, the weapons could even come from one of the other Lands (analgous to our states) and the transfer was still unregulated.

Seems like some American states are trying to out-do Hitler in gun control. Nice.
 
Will we have to have these guns shipped to an FFL and pay transfers on all of them? Or can we just load them into the trunks of our cars and drive them home?
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This is the one case where guns can cross state lines without an FFL, provided there are no local laws against it. You just go get them and bring them home.
 
Hkmp5sd, I believe you're probably right, but can you site chapter and verse in the US Code that backs that up (or at least point me to where I might find it)?
 
I strongly recommend that the executor contact an attorney. There are too many traps for the unwary in that road to go it alone.

It is my understanding that in NYC, handguns are registered to one owner and must be turned in for destruction immediately on the death of that person. In the rest of the state, it is easy to have the registration changed. Long guns are no problem; they are simply part of the estate.

For NFA firearms, the BATFE web site has good info, but that applies only to federal law, not state or local law.

Jim
 
§ 922. Unlawful acts


(a) It shall be unlawful --


(1) for any person --


(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or


(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;


(2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that --


(A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;


(B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and


(C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States;


(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, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;


(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1954), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Secretary consistent with public safety and necessity;
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http://www.atf.treas.gov/pub/fire-explo_pub/2005/p53004/index.htm
 
Taurus, if they are the kinds of guns that are both legal and don't require a license, you can inherit through a will or succession. If they are handguns and you don't have a license, you'd better make sure there is a gift to you during life, because they become contraband at the owners death, and subject to confiscation.
 
My grandfather's all got loaded into the car before the funeral, my uncle took one, the rest went to me and my brother. Local chief of police said don't leave nothing in the house of value during the wake or funeral. This was in Massachusetts. He said, "the Ay Ech's read the funeral notices and rob em when no one is home," he even put a city cop car in the drive way for the funeral... he told me to make sure I checked my granddads suit pockets for his little pistol. This was 20 years ago, but he was pretty insistent that we just took them now, not waiting for probate. we did. We had known him for our whole lives.
 
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