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Transferring a handgun after death

Discussion in 'Handguns: General Discussion' started by WaterH, Feb 3, 2013.

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  1. WaterH

    WaterH Member

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    Hello all,

    Does anyone know the process of transferring a handgun after death? My father recently passed, he owns a few handguns that are willed to me. I'm not sure what the process is or if I even need to do anything. I live in Nebraska if that makes a difference. Thanks all.
     
  2. Sam1911

    Sam1911 Moderator

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    They are simply given to you by the executor of the estate. They can even be transferred over state lines without going through an FFL.
     
  3. Jim K

    Jim K Member

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    Correct, unless you are a person prohibited by state or federal law from owning a gun. Then the executor has to sell the gun(s) and give you the money.

    Jim
     
  4. Deer_Freak

    Deer_Freak Member.

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    In NC you have to have pistol purchase permit and go through an FFL to get handguns you have inherited. The executor has to have a pistol purchase permit/CCP prior to your loved ones death to take possession of the handguns to transfer them to you. Almost any family attorney will advise the family to use an FFL so you are above board. Additionally if the transfer is illegal your insurance will not pay if the guns are stolen or lost in a disaster. I would consult an attorney or your local sheriffs department.
     
  5. HankR

    HankR Member

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    Condolences on the loss of your father,
     
  6. SleazyRider

    SleazyRider Member

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    Is this true even if the decedent didn't have any paperwork (bill of sale, permit, registration, etc.) on the gun? For example, let's say my father in Ohio passed away and willed me his German Luger, which has no paperwork. If I try to register the gun per the law in New York, won't they want a "paper trail" on the gun, or some way of proving the gun belonged to my father in the first place? I dare say there are millions of guns out there without paperwork.
     
  7. Sam1911

    Sam1911 Moderator

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    Sheesh, I'm not going to touch getting a pistol into NY. However, if that's even possible, the fact that the firearm is listed among your father's estate gives you all the verification you could need.

    Remember many guns have no "paper trail" and very, very few were ever "registered" anywhere.
     
  8. InkEd

    InkEd Member

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    I am glad to still live in a free state.
     
  9. ArchAngelCD

    ArchAngelCD Member

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    Sorry for your loss.

    The advice above is bad advice. He does not live in NC and it is not illegal for a son to take possession of a father's guns. No FFL or transfer is legally necessary and I see no reason to tell the government more than they require you to tell them.
     
  10. WaterH

    WaterH Member

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    thanks all, I spoke with my attorney on the matter. all I need to do is inventory them with the rest of the estate for inheritance tax. I am the executor and I am not prohibited from owning guns, (I already have several).
     
  11. Jim K

    Jim K Member

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    "They are simply given to you by the executor of the estate. They can even be transferred over state lines without going through an FFL."

    To clarify, under federal law, the executor can transfer the decedent's guns to the designated heir(s) across state lines without going through an FFL. Not to anyone, just to the heir(s), and only if state law in both states allows the transfer.

    Jim
     
  12. Deltaboy1984

    Deltaboy1984 Member

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    In your state like mine just go get them and use them.
     
  13. Confederate

    Confederate Member

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    I'd take the guns and not worry about it.
     
  14. gazpacho

    gazpacho Member

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    Again, this is an instance of a LAW ABIDING GUN OWNER wanting to make sure that he is not breaking any laws. Kudos. The kind of person that government has deemed not worthy of exercising his inalienable gun rights.
     
  15. 22-rimfire

    22-rimfire Member

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    I personally wouldn't be too concerned about inheritance taxes on a firearm unless they are specifically listed in the will.
     
  16. Sam1911

    Sam1911 Moderator

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    If they aren't specifically passed to you in the will (or granted to you through intestate succession) they don't pass to you as a bequest at all, so all normal transfer rules apply.
     
  17. Hurryin' Hoosier

    Hurryin' Hoosier Member

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    Some of these comments just make me even more glad that I live in the free state of Indiana! :D
     
  18. Fremmer

    Fremmer Member

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    You'd darn well better worry about the inheritance taxes in Nebraska. The county attorney and the probate judge sure will, lol
     
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