Handing over a long gun to a fellon

[rust collector]

The gun is property of the estate. OP is a bailee. If an executor or administrator is appointed, it should be given to that person upon presentation of the court appointment document, with a receipt received. Some states may have an alternative method of administration of small estates involving affidavits. The gun should remain in safekeeping until given to a person authorized by law to administer it.

According to the initial post, the owner was afraid that his son would steal the firearms. This does not indicate an intention to give them to him. Doing so would contravene the owner's instructions and could result in an additional felony conviction for the son as well as the person who gave it to him. OP has no ownership interest or authority to sell, purchase or dispose of the firearm. The probated will of the owner, or the laws of intestate succession, should ultimately control ownership.

Do not rely on internet legal advice. Do not rely on other people's lawyer's advice.

 

[bearcreek]

Do not rely on internet legal advice. Do not rely on other people's lawyer's advice.

Sounds like he can't rely on his own state's Attorney General either, if I understood him correctly.

 

[MEHavey]

Sounds like he can't rely on his own state's Attorney General either,

They basically told me to meet him at the sheriff's department. To have him do the background check to possess it.

Absent other information that no one has right now, (and notwithstanding the father's desire the son not have the guns at all,)
sounds to me like good legal counsel.

 

[Believer45]

Went through this recently with cousin's estate (Lovely Wife was executor). This was in Ohio before the state adopted Constitutional Carry. Probate attorney would only release to concealed carry permit holder which was no problem for me or Lovely Wife. I never did find out if that was company policy or legal requirement - really didn't matter to us either way. Our niece asked for one of the firearms and we were able to release to her adult son who also had a current Ohio concealed carry permit. No state lines were crossed, very straightforward and simple.

 

[Riomouse911]

If he is deceased, the guns in question would be considered a part of the deceased’s estate.

Get the gun to the executor, and let him/her know the decedent’s issues with the son gaining possession. The executor is the route to go, as the settling of outstanding debts, paying of outstanding taxes owed (or collection of any refunds due), and then the distribution/disposition of remaining assets, money or real property, is their duty.

I’m sorry to hear about your friends passing. I hope he lived a good life and died peacefully with no pain.

Stay safe.

 

[jmorris]

Sorry to hear about your friend. Is he hospice at home? If so, go see him and bring the rifle with you. Set it down when you get there and forget about it going forward and just talk to your friend while you still can about anything else.

 

[shafter]

How do you know the son is a convicted felon in the first place? Is this accurate information?

You could just turn it over to your local law enforcement and be done with it. They'd probably keep it in storage for awhile and if someone shows up with paperwork from the court granting ownership then they'd turn it over to them. This seems like the easiest and least risky way for you to proceed. Before turning it over I'd apply plenty of gun oil or perhaps even some Ren wax to keep it safe during a long sit in storage.

 

[MEHavey]

IIRCC: State expungement does not cancel federal prohibition. (Question Mark ? )

 

[25-20 WCF]

Sorry to hear about your friend. Is he hospice at home? If so, go see him and bring the rifle with you…

He’ll have to go to the funeral home, his friend already passed (post #18).

This is what happens when folks post without reading the entire thread first. You are hardly alone in this practice. Embarrassing, isn’t it?




.

 

[dogtown tom]

Sounds like he can't rely on his own state's Attorney General either, if I understood him correctly.

State AG's have nothing to do with federal law. The advice you might get from a State AG may directly contradict federal law.

 

[dogtown tom]

....You could just turn it over to your local law enforcement.....

After having seen a mint condition Python engraved by a property room clerk..............NEVER would I recommend turning any firearm over to LE.
Its not their job to settle estates.

 

[dogtown tom]

Sorry to hear about your friend. Is he hospice at home? If so, go see him and bring the rifle with you. Set it down when you get there and forget about it going forward and just talk to your friend while you still can about anything else.

You have to be kidding.

 

[shafter]

After having seen a mint condition Python engraved by a property room clerk..............NEVER would I recommend turning any firearm over to LE.
Its not their job to settle estates.

It's not the friends job to keep a firearm that he doesn't want either. Gotta give it to someone. Turning it over to anyone else may put it in the hands of the felon and that could circle back around.

 

[JohnJak]

I'm all for Felons without Guns. Contact Shyster(gun lawyer) in Michigan, he hangs out on MGO.

 

[bearcreek]

State AG's have nothing to do with federal law. The advice you might get from a State AG may directly contradict federal law.

Right, which is why I said he couldn't rely on him.

 

[DMF]

IIRCC: State expungement does not cancel federal prohibition. (Question Mark ? )

It depends on the actual facts. Like everything else under the law.

If the state of conviction fully restores the person's right to firearms , with NO limitations, the federal prohibition no longer applies. So, if the state say a person can possess firearms, but is not allowed to get a concealed carry permit, the federal prohibition still applies. If the state says the person can have long gums, in their home only, but may not possess handguns, and cannot possess them outside the home (Texas is like this for people who have completed their sentence + certain number of years)), then the federal prohibition still applies.

When there is a question of legality, with respect to firearms, it is best consult with an attorney who has knowledge, and experience, in the applicable federal, and state, laws.

Not some internet forum, even if they claim to be an attorney, law enforcement, para-legal, etc. Don't find an expert in an unrelated legal field. Getting advice from a personal injury attorney, not an attorney who practices criminal law, and specifically firearms law, is like seeing an orthopedic surgeon when you have cancer, instead of an oncologist.

 

[JTHunter]

In IL-ANNOY, if the deceased owner had a TRUST and not just a WILL, it doesn't need to go through probate. I believe that a will, even with an executor, needs to go through probate so the state can "get theirs". My mother had a trust and I was her executor. We avoided probate entirely.

 

[Frank Ettin]

In IL-ANNOY, if the deceased owner had a TRUST and not just a WILL, it doesn't need to go through probate. …

Whether or not probate is required, the OP would commit a serious, federal crime if he gives a felon possession of the firearm.

 

[Double00Sol]

Here's my situation. A few years back a friend asked me to hold 2 long guns for him. He didn't want his son to be able to steal them. The son is a convicted felon. He took one back to get it appraised and another friend is holding it now.
Well my friend is now in hospice care .
The other friend contacted me about the gun. Telling me he had no problem giving the son the guns. Knowing he is a fellon. I'm not willing to give anything to a fellon. I'm not inclined to bend the law let alone break firearms laws.
I had thought about getting an appraisal and paying the son for it. But what if that is refused?
Also Michigan has changed the laws with regard to long guns. I'm not sure how that will affect things either.
Thoughts? Advice?

As the person is in hospice care; this is a situation where the gentleman needs to have a will. The property in question is part of the estate.

 

[armoredman]

Give it to the executor of the estate, if the executor is not a prohibited person, and have done with it.

 

[Styx]

It's not the OP's gun to keep, sell, or do with as he pleases as has been suggested. The gun wasn't gifted to him to keep, and I see him keeping it as stealing it and talking advantage of the situation.

He should ask the person who handed it to him what he wants done with it. If that's not possible, give it over to whomever is in charge of the estate or another family member.

 

[bearcreek]

It's not the OP's gun to keep, sell, or do with as he pleases as has been suggested. The gun wasn't gifted to him to keep, and I see him keeping it as stealing it and talking advantage of the situation.

He should ask the person who handed it to him what he wants done with it. If that's not possible, give it over to whomever is in charge of the estate or another family member.

Ethically, it's not the OP's gun. Legally, it is. The person who handed it to him is dead. A family member would be a good option, but the problem is, the felon son is the only family member who has been mentioned. Whoever is in charge of the estate would be a good option, but we don't know who that is. It might be the son, bringing us back around to the same problem. We need more info from the OP.

 

[Styx]

Ethically, it's not the OP's gun. Legally, it is. The person who handed it to him is dead. A family member would be a good option, but the problem is, the felon son is the only family member who has been mentioned. Whoever is in charge of the estate would be a good option, but we don't know who that is. It might be the son, bringing us back around to the same problem. We need more info from the OP.

Just because the person who asked him to temporarily look after the gun dies does NOT default the guns to bring his property. You are wrong. Next, I sincerely doubt that his son is the only surviving and living family member. It's not the OP's property to just do as he pleases, and personally, I think it's very disrespectful to keep the property without first talking it over with the family. At the very least, he should contact the son and work something out with the son with regards to the sale of the son's gun and property. It doesn't stop being his property just because he's not allowed to process it.

The guns still belong to the son, and the OP should consult the son with his reservations and then come to a legal solution, or the OP should give the firearms to whomever controls the estate if possible. Just keeping it for himself is and a betrayal in my opinion.

When a friend entrust me with something passed away, becomes sick, etc., it would eat at my soul if I didn't do everything in my power to do right by them by doing the right thing. I understand that most people on this planet aren't like me, e.i., they lack morals and loyalty.

 

[bearcreek]

Just because the person who asked him to temporarily look after the gun dies does NOT default the guns to bring his property. You are wrong.

The OP is the one who is currently, legally in possession of the weapon and is the one who would be in trouble if he handed it to a felon. The original possessor dying has nothing to do with it.

Next, I sincerely doubt that his son is the only surviving and living family member.

Maybe. There are plenty of folks who only have one kid and no extended family. That would certainly simplify things though.

It's not the OP's property to just do as he pleases, and personally, I think it's very disrespectful to keep the property without first talking it over with the family. At the very least, he should contact the son and work something out with the son with regards to the sale of the son's gun and property. It doesn't stop being his property just because he's not allowed to process it.

Not sure if that was a misprint or not. The son is not only not allowed to "process" the gun, he's not allowed to possess or even touch the gun at all. We don't know for sure till we hear more from the OP, but the fact that he has possession of the gun currently because his friend was concerned that the son would steal it might lead one to have a sneaking suspicion that the son might not be 100% reasonable and easy to work with on this issue.

Also, consider that, as far as we know, the son doesn't know that the OP has the gun. I, for one, would not be in a big hurry to inform a felon who was likely to steal guns from his own family, that I have a gun that he might consider to be his.

We're sorta guessing here though till we get more info.