Gun transfer after death question

outobie · Aug 29, 2021

Hi all my aunt’s husband died recently and she wants to sell a pair of his revolvers from mid 80’s. Can she just sell them at an FFL? Or does she need to first have them transferred into her name. If so is there a form? Can an FFL do it? Does she need to bring a death certificate?

Any guidance is appreciated.

Thanks

Biggfoot44 · Aug 29, 2021

A couple of items to get out of the way :

Were the guns named in a written will , as to go to someone else ?

Is she the Personal Representative of the Estate ( aka executor ) either named in Will , or by default if intestate ?

If Intestate , are there any other legal issues or potential disputes ?

*********************

If the above is copestic , then yes , she may sell them .

outobie · Aug 29, 2021

No written will. Her husband had been declared legally incompetent several years ago (dimentia)

She is the executor of the estate and there is no contest for the guns. No one wants them they just want to dispose of them legally.

Biggfoot44 · Aug 29, 2021

Yes , as Representive , she may sell them .

rseymorejr · Aug 29, 2021

Her nephew doesn't want them?

KingClown · Aug 30, 2021

If she is the executor she can sell them. There is a specific way she needs to sign and she will need some specific paperwork. I forget exactly what the forms are called but it just shows she is executer. I went through this with my fathers estate as I was executor.

Sundazes · Aug 30, 2021

I went through this on the buyer end. The seller showed the FFL her ID, death cert, and some paper that showed she was the executor. Personally, I am not sure all that was needed.
You should call the FFL you want to use and ask.

What are they?

Biggfoot44 · Aug 30, 2021

The imeadate above is the proper way . Simply her selling them as implied individual probably would be unquestioned 99.9% , but on MDS we strive to share the correct methods .

Nickberg500 · Aug 30, 2021

Biggfoot44 said:
A couple of items to get out of the way :

Were the guns named in a written will , as to go to someone else ?

Is she the Personal Representative of the Estate ( aka executor ) either named in Will , or by default if intestate ?

If Intestate , are there any other legal issues or potential disputes ?

*********************

If the above is copestic , then yes , she may sell them .

Sorry to piggy back this post, but in an effort to prevent spamming the boards with another post...

My cousin's father has a .22 rifle and a .357 revolver in his Maryland house. He is still alive, him and his wife now have dementia and are living in Florida.

Is there a process for my cousin to transfer those firearms to me? I don't want to make this too ugly, as he was otherwise going to let them get auctioned away with the house.

rseymorejr · Aug 30, 2021

Nickberg500 said:
Sorry to piggy back this post, but in an effort to prevent spamming the boards with another post...

My cousin's father has a .22 rifle and a .357 revolver in his Maryland house. He is still alive, him and his wife now have dementia and are living in Florida.

Is there a process for my cousin to transfer those firearms to me? I don't want to make this too ugly, as he was otherwise going to let them get auctioned away with the house.

He could have given them to your cousin years ago, if so your cousin can just transfer them to you. I'd ask him if he got them before 1995? I think for the handgun, the rifle I'm sure he had before this April

Biggfoot44 · Aug 30, 2021

Before 10/01/1996

Nickberg500 · Aug 30, 2021

rseymorejr said:
He could have given them to your cousin years ago, if so your cousin can just transfer them to you. I'd ask him if he got them before 1995? I think for the handgun, the rifle I'm sure he had before this April

Biggfoot44 said:
Before 10/01/1996

Thank you for replying.

It's entirely possible the guns have been in the state, *and* owned by him, *and* both my cousin and his father haven't moved states in that time - but assuming I cannot validate all three of those things with absolute certainty - is there still a route to get them?

rseymorejr · Aug 30, 2021

Nickberg500 said:
Thank you for replying.

It's entirely possible the guns have been in the state, *and* owned by him, *and* both my cousin and his father haven't moved states in that time - but assuming I cannot validate all three of those things with absolute certainty - is there still a route to get them?

There's nothing to validate. If your cousin says that his Father gave it to him pre 10/1/96 that's good enough. Face to face sales were Ok then. There would have no reason to get the state involved.

Nickberg500 · Aug 30, 2021

rseymorejr said:
There's nothing to validate. If your cousin says that his Father gave it to him pre 10/1/96 that's good enough. Face to face sales were Ok then. There would have no reason to get the state involved.

But what if it's currently registered? The father could've bought it in '97, I have no way of validating that right now. I still might be unable to confirm this when I meet my cousin this weekend.

rseymorejr · Aug 30, 2021

Nickberg500 said:
But what if it's currently registered? The father could've bought it in '97, I have no way of validating that right now. I still might be unable to confirm this when I meet my cousin this weekend.

That makes it tricky. If he didn't own it prior to the cut off date then there's no way he gave it to your cousin before he owned it. If your cousin has power of attorney then he should be able to transfer it for his Father with no problem anyway.

travistheone · Aug 30, 2021

temporary gratuitous loan that turned permanent

outobie · Sep 1, 2021

sundazes said:
I went through this on the buyer end. The seller showed the FFL her ID, death cert, and some paper that showed she was the executor. Personally, I am not sure all that was needed.
You should call the FFL you want to use and ask.

What are they?

Thanks for this info! I’m not sure what they are I haven’t seen them and it took a lot of describing just to figure out they were revolvers.

Gun transfer after death question

The #1 community for Gun Owners of the Northeast

Member Benefits:

Active Member

Ultimate Member

Active Member

Ultimate Member

Ultimate Member

SOmething Witty

Throbbing Member

Ultimate Member

Ultimate Member

Ultimate Member

Ultimate Member

Ultimate Member

Ultimate Member

Ultimate Member

Ultimate Member

Usual Suspect

Active Member

Users who are viewing this thread

Log in

Forum statistics