How to transfer guns when someone passes away? (Read 6290 times)

sig229

How to transfer guns when someone passes away?
« on: June 05, 2012, 08:34:35 PM »
I have a friend and her father passed away recently. He had a couple of guns none of them registered and pretty old. She said she would give them to me? Do I need to do anything like register if she does give them to me? Thanks for the help everyone

macsak

Re: How to transfer guns when someone passes away?
« Reply #1 on: June 05, 2012, 08:43:18 PM »
you need a notarized note that the person giving them to you is the executor of the registered owner's estate
bring to the hpd firearms guys and they will take care ofit
just call and ask for the details, they face this situation all the time

aloha

steve

macsak

Re: How to transfer guns when someone passes away?
« Reply #2 on: June 05, 2012, 08:44:35 PM »
oh, wait, sorry
i skipped the part that they are old and not registered
i think they are exempt, but am not sure
someone will post soon that knows better than me
sorry

aloha

steve

SpeedTek

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Re: How to transfer guns when someone passes away?
« Reply #3 on: June 05, 2012, 08:58:02 PM »
If you plan to sell them call a shop that will consign them.  You will need a copy of the will or a statement of who the executor is.  They can transfer it to anyone in the immediate family with a valid rifle/shotgun permit.  Pistols can get tricky.  sometimes they need to be turned over to a FFL while the person who wants them applies for the 14 day handgun permit.  You will need to have the safety class certification.  This is for rifles only if no one has a valid permit. sucks!
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sig229

Re: How to transfer guns when someone passes away?
« Reply #4 on: June 05, 2012, 09:25:34 PM »
I plan to just keep them for myself. If they are unregistered do I still have to register them? :shaka:

SpeedTek

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Re: How to transfer guns when someone passes away?
« Reply #5 on: June 05, 2012, 09:37:06 PM »
Now that you posted it in this forum. Yes you do or else you are committing a felony......which means all your guns will be confiscated.

don't risk it.
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sig229

Re: How to transfer guns when someone passes away?
« Reply #6 on: June 05, 2012, 10:01:24 PM »
Well I don't have them and am waiting to see if I can even get them. So not committing any crime just trying to figure it out. Thanks for the input but don't need to accuse people of things

SpeedTek

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Re: How to transfer guns when someone passes away?
« Reply #7 on: June 05, 2012, 10:17:50 PM »
Not accusing anyone.

I get that question asked everyday.  I just typed it out fast.  Sorry if I didnt mean to accuse nothing.
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Colt808

Re: How to transfer guns when someone passes away?
« Reply #8 on: June 06, 2012, 05:01:38 AM »
I have a friend and her father passed away recently. He had a couple of guns none of them registered and pretty old. She said she would give them to me? Do I need to do anything like register if she does give them to me? Thanks for the help everyone

The best advice (for long guns)? You and your friend (if she's the executor) go get permits to acquire immediately. To keep it legal, during the 14 day wait, neither you nor you friend should take possession...just leave it at her late fathers residence. <---If that's not an option, you can take them to HPD and surrender them until the permits are approved. After the 14 days pick up the permits, have her take the required paperwork along with any long guns, and register them. She can then transfer them. This should solve any hassles over who's who in the matter.

If dealing with handguns, you'll have to go through an FFL OR find someone who meets the requirements to acquire and transfer it (until you take a class).  One requires a fee, the other A LOT of trust.
Reason obeys itself; and ignorance submits to whatever is dictated to it. ~Thomas Paine


And I still see stupid people.

Mr. Farknocker

Re: How to transfer guns when someone passes away?
« Reply #9 on: June 06, 2012, 07:56:55 AM »
The law concerning the transfer of firearms from deceased individuals is murky at best. The fact that the firearms are not registered in your case makes it even more problematic.  From the bits and pieces of information I've read and heard, it is illegal for a PR to take possession of firearms unless he/she has taken the firearms safety training course.  The "qualified" PR, as transferor, can then transfer the firearms to an immediate family member provided the transferee also has an affidavit attesting to the the transferree's completion of the firearms safety training course. The PR must present his/her qualifications as the PR to HPD at the time the PR signs off on the transfer.

I applied for a pistol permit  to take possession of a pistol in my father's possession last year. My father is the PR of his aunt who died packing. I filled out the permit application and noted on the application that the transferee was deceased but HPD didn't pick up that part of the application and approved of it. When I returned to HPD after the 14 day waiting period to pick up the permit, I was told by the attendant to have the current owner sign off on the transfer.  I then told the clerk that she was dead and that my dad was the PR and would sign off on it. He seemed surprised and fumbled over his response before telling me to have my father appear with the letters testamentary establishing his appointment as the PR. I didn't have current letters so I let the permit expire. I have, since then, applied for a renewal of the letters testamentary and expect to receive the approved letters any day now. Upon my receipt of the same, I intend to re-apply for the permit and then show up with pops at HPD after the waiting period to transfer the firearm. Will it work? Who knows. If the clerks response was any indication of what the procedure is then I'm not so confident that it will be the same when I actually apply.  Like Speedtek stated in an earlier post,  I too was informed that the PR can transfer to an immediate family member, only, using the method I described. If that's the case, a number of us, including myself, mayl have a problem because deceased individuals often die without any surviving spouses or children as my aunt did.

The other alternative is to have the PR surrender the firearms to an FFL and have the FFL transfer the firearms registration to you.

In any event, I expect to go through this whole process again in a few weeks.  I'll report back with my experience if and when it occurs.

sig229

Re: How to transfer guns when someone passes away?
« Reply #10 on: June 07, 2012, 10:52:59 AM »
Thanks everyone.

Farknocker let me know how it goes. I already own guns but she doesnt so i may run into some issues. Thanks again everyone