Firearms belonging to deceased family member (Read 2804 times)

yurcarmeean

Firearms belonging to deceased family member
« on: January 19, 2025, 02:11:52 PM »
Aloha 2a community,
I'm asking on behalf of a friend who's father passed away recently.
The decedent had some firearms.  What is the protocol in regards to possession in this situation?  My friend has little interest in guns.  If he DID want to possess them, he would need to get his rifle/pistol permits correct?  Who would sign off on the transfer since they are still registered under the decedent's name?   Mahalo! :shaka:
If you stay ready, you don't have to get ready.

Flapp_Jackson

Re: Firearms belonging to deceased family member
« Reply #1 on: January 19, 2025, 02:26:26 PM »
Aloha 2a community,
I'm asking on behalf of a friend who's father passed away recently.
The decedent had some firearms.  What is the protocol in regards to possession in this situation?  My friend has no interest in guns.  My next question is, if he DID want to possess them, he would need to get his rifle/pistol permits correct?  And then register them under his name?  If he wants to sell them or give them away can he even though they are not registered to his name, only under his deceased father's name?   Mahalo! :shaka:
i rely on posts from others discussing this topic in other threads.

The simplest solution i've seen is to transfer all the firearms to an FFL/dealer.  Then, each person who wishes to own the gun would jump through the required legal hoops to get their permit to acquire.  The FFL would then do the transfer.  This seems to be a good method even if some of the firearms are not registered to the deceased.

No matter if the spouse, grandkids or a private buyer wants the firearms, an FFL would ensure the transfer was done by the book.

The current legal owner is whoever has the right of inheritance either under a will or probate rules -- depending on if a will exists.  That person can transfer the firearms to the FFL easier than dealing with a private sale/transfer.

Whoever receives the guns will have to go through the whole permit and registration process just as if they bought the gun from the FFL.

I'm not saying this is the only way, but it does take a lot of the guesswork out of trying to transfer the firearms to others individually on your own, in particular if there are issues with the current registrations.

i'd recommend searching this forum for other threads.  There are a few.

 :shaka:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

macsak

Re: Firearms belonging to deceased family member
« Reply #2 on: January 19, 2025, 02:39:16 PM »
if your "friend" is an heir, the executor can make an affidavit saying the person died and that your "friend" is receiving the firearms
provide death dertificate also
your "friend" needs to obtain long gun/handgun permit/affidavit as appropriate

yurcarmeean

Re: Firearms belonging to deceased family member
« Reply #3 on: January 19, 2025, 02:45:39 PM »
Thanks for the info Flapp and Mac  and  I'll try searching some old threads.
I would think my friend wants the simplest and safest way to transfer or sell them.   I'll tell my friend to inquire with some shops and FFL dealers for more info.   :shaka:



If you stay ready, you don't have to get ready.

drck1000

Re: Firearms belonging to deceased family member
« Reply #4 on: January 19, 2025, 03:51:18 PM »
I went through this when my dad passed.

Documentation of ownership is priority. Will, or probate if no wille. In my case, HPD accepted a notarized letter from my sister that I inherited. She and her husband not interested. 

If deceased is Hawaii resident and firearms registered to deceased in appropriate county, then  transfer of ownership is simple. If firearms not registered, then gets more complex. Also be wary of firearms that were registered prior to system transitioning from paper to digital. I went through that with one of my dad’s firearms, and was one of his prized pistols.

Once ownership settled, then same process to acquire/own firearms.

No need to go through FFL. Even if going through FFL, need to have documentation of ownership or transfer.

If the heir wants absolutely nothing to do with the guns, “estate sales” are quite common. Need to fine folks who’d be interested.

Anyways, DM if you have any questions.