Death in Family: Transfer of Ownership?

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  • GeologyRocks

    Member
    Nov 4, 2015
    8
    Had a death in the family - departed owned several firearms to include shotguns, handguns, and I believe an AR10. Nothing NFA as far as I know. I do not know the registration status of any of the firearms. Departed often spoke about getting firearms from gunshows or "in Virginia" but he was also a blowhard who loved to rant and rave and I really have no idea.

    Departed's wife is asking me how to handle the firearms since I am military and should know :lol2: I told her to call State Patrol but she asked that I look in to it, so I am.

    Can anyone offer any insight on the process to transfer the weapons to his widow? Or can she straight up sell them to a shop? Is the State Patrol the best place to start?

    Appreciate yalls guidance in this sensitive time. Cheers.
     

    Sundazes

    Throbbing Member
    MDS Supporter
    Nov 13, 2006
    21,632
    Arkham
    The very first thing to do is make sure all the firearms are unloaded, cleared and safe.
     

    Combloc

    Stop Negassing me!!!!!
    Nov 10, 2010
    7,249
    In a House
    The second thing to do is to NOT post anything (to include their existence) online about them. OOPS! Too late for that one.

    Consult with an attorney, NOT repeat, NOT the State Police or any other police entity in marlandistan.

    I knew a guy who tried to do the right thing and took a Luger to the police after his grandfather, who brought it back from the war, passed on. It was confiscated because it had "never been registered". By the time the matter had been resolved and the police schooled on their thuggery, the Luger had mysteriously vanished from the evidence locker never to be seen again. Surprise, surprise. Repeat, DO NOT go to the popo before consulting with a pro 2nd attorney. We have a good one on this very forum who goes by the handle KIBarrister. PM him immediately.
     

    adit

    ReMember
    MDS Supporter
    Feb 20, 2013
    19,686
    DE
    Who is getting the firearms?

    If she is keeping them then she doesn't have to do anything (unless she is prohibited, then they need to go).
     

    GeologyRocks

    Member
    Nov 4, 2015
    8
    Who is getting the firearms?

    If she is keeping them then she doesn't have to do anything (unless she is prohibited, then they need to go).


    Widow is getting them, but doesn't want them. Hence the need to figure out how to properly and legally transfer ownership, and put her in a position to sell them legally.
     

    outrider58

    Eats Bacon Raw
    MDS Supporter
    Jul 29, 2014
    50,032
    Firstly, visit with the widow and as sundaze recommended, make all weapons safe. Chances are good at least one of those weapons is loaded. Next, take stock of very weapon she has. After that, I would visit with a couple local gun shops that offer consignment sales and talk to them. Get more than one opinion(so to speak). Then go from there.
     

    FrankOceanXray

    Ultimate Member
    Oct 29, 2008
    12,036
    Spend a few bucks on a 2A attorney's time for guidance. It is small insurance to see the right thing down within legal guidelines.

    Even this forum's best advice and wishes won't keep you out of legal quagmire. No attorney is going to post up here and give legal advice. Nor are they going to make a client out of you from here with a PM.

    Seek one out. Get proper legal guidance.
     

    pbharvey

    Habitual Testifier
    MDS Supporter
    Dec 27, 2012
    30,207
    Spend a few bucks on a 2A attorney's time for guidance. It is small insurance to see the right thing down within legal guidelines.

    Even this forum's best advice and wishes won't keep you out of legal quagmire. No attorney is going to post up here and give legal advice. Nor are they going to make a client out of you from here with a PM.

    Seek one out. Get proper legal guidance.

    ^this

    The information you are requesting is too important to be gathered from strangers on an Internet forum.
     

    GeologyRocks

    Member
    Nov 4, 2015
    8
    Appreciate everyone insight. I did advise her to talk to her attorney if they are still working together. If they aren't i'll advise her to look for a specialist. Just trying to get vectored.
     

    kingfish

    Active Member
    Jan 15, 2008
    785
    There’s no reason to contact an attorney. They’re her property now. She can either sell them as a lot to a gun shop and get minimal profit, or split the cost with you (or someone else) to sell them for her. With no nfa stuff, They’re just property.
     

    FrankOceanXray

    Ultimate Member
    Oct 29, 2008
    12,036
    There’s no reason to contact an attorney. They’re her property now. She can either sell them as a lot to a gun shop and get minimal profit, or split the cost with you (or someone else) to sell them for her. With no nfa stuff, They’re just property.

    And this is why you want to see above...
     

    Matlack

    Scribe
    Dec 15, 2008
    8,558
    You can send them to my ffl in my name for disposal. I won't even charge you anything for this service.
     

    JohnnyE

    Ultimate Member
    MDS Supporter
    Jan 18, 2013
    9,630
    MoCo
    Did the deceased have a will and, if so, does it name more than just his wife?

    If so, and even though he didn't make specific bequests (Glock to my brother, Sig to my sister, etc.) there MAY be ways for the executor to spread some/all of the guns around via the probating of the estate rather than moving them via sales.

    How is the estate being probated? The answers may lay there.
     

    Mdeng

    Ultimate Member
    Industry Partner
    Nov 13, 2009
    8,571
    Virginia
    If the heirs would like to consign them with a licensed dealer i would be happy to handle them.
     

    dist1646

    Ultimate Member
    May 1, 2012
    8,802
    Eldersburg
    Tyler Firearms should be close to you, they are an IP and have handled this type of thing in the past. Give them a call and discuss it with them.
     

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