Tricky family estate settlment involving firearms question.

[jfuller406]

Hello THR,

I am new to this forum, but not new to firearms. I live in Montana and support stuardship RKBA issues as well as safe and responsible ownership.
I am also the executor of an estate (as a family member selected to be the representative, not an attorney, not court appointed) that stipulates a beautiful 1968 Marlin 30-30 lever action complete with gold trigger and cattle ring (picture included for fellow appreciators) be passed to a specific relative. Unfortunately the beneficiary does not meet criteria for gun possession (non-criminal). The beneficiary views the rifle as an important symbol from the deceased with great sentimental value, not to mention it's clearly what the deceased wanted. I have read a fair amount of the State and Fed black and white on this and it seems clear the wish stipulated in the will should not be carried-out in its current form. I saw a thread in THR about official ways to disable a firearm. I am here to crowdsource a better option than destroying a beautiful rifle to carry-out the last wishes of the deceased WITHOUT side-stepping any laws.

My question to the community, is there a way for the beneficiary to legally inherit the rifle without cutting the reciever in three places with a torch?

Thank you for your consideration.

 

[br549arkie]

What non criminal requirment is not met for them to have it? I was executor of my Mothers estate about 10 years ago and you have my sympathy. good luck to you.

 

[JohnKSa]

If you need to make the firearm into an object that is not legally a firearm, there's not a lot of leeway on how to accomplish that while still leaving the gun relatively untouched. I suppose you could have a receiver made that was not completed enough to be functional (or to be legally classified as a firearm receiver) and install the parts from the firearm onto it. Then the original receiver would have to be either disposed of/sold or torch cut.

It would help if you could explain why the person can't own a firearm. For one thing, it's possible you could be mistaken. Second, if this is just an issue of the recipient being too young, it would be a shame to go to a lot of trouble to solve a problem that time will take care of.

 

[Savage30L]

You also need to distinguish between the requirements on a form 4473, and whichever state laws may pertain in Montana. Remember, you're not selling the firearm.

Is the intended recipient mentally unstable?

 

[buddyd157]

you really ought to contact an attorney in that state, town, city that knows the laws on this. it'll cost some money, but that's your best bet right now.

 

[Savage30L]

Plugging the barrel with molten lead will disable the rifle without altering its exterior appearance. I hope that that step is unnecessary.

 

[JohnKSa]

Plugging the barrel with molten lead will disable the rifle without altering its exterior appearance.

If the issue truly is a legal one, then the plugging the barrel with lead won't satisfy the requirements of turning it into a non-firearm per federal law. The firearm will have to be totally destroyed, or the receiver will have to be torch cut per ATF regulations.

How to Properly Destroy Firearms | Bureau of Alcohol, Tobacco, Firearms and Explosives

How to Properly Destroy Firearms What are ATF’s Acceptable Destruction Procedures? Use an oxy/acetylene torch (not band sawed) Must remove at least ¼ inch of metal per cut Must be made at angles and completely sever the receiver in at least 3 critical locations (specified by model) Acceptable...

www.atf.gov

 

[Frank Ettin]

You also need to distinguish between the requirements on a form 4473, and whichever state laws may pertain in Montana. Remember, you're not selling the firearm....

That he is not selling the firearm is irrelevant. Federal law (the Gun Control Act of 1968) and generally state firearm transfer and possession laws relate to transfer of possession.

 

[jdsingleshot]

Definately need the advice of a lawyer. Is it possible for the recipient to be the owner but not be in possession of the rifle--rifle in escrow or other until legal status of recipient might be upgraded? In some cases, a record can be cleared or the rules could change by Supreme Court ruling...

 

[Frank Ettin]

....is there a way for the beneficiary to legally inherit the rifle without cutting the reciever in three places with a torch?...

The only other possibility I see would be for the beneficiary to, if possible, remove the condition causing him to be disqualified from possessing a gun. So, for example, if one is disqualified from possessing a gun because of conviction of a “crime punishable by imprisonment for a term exceeding one year” he would no longer be disqualified if (18 USC 921(a)(28)) the conviction:

...has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms....

Not every disqualifying condition can be fixed. To explore the possibility, the beneficiary should consult a lawyer.

 

[Bwana John]

Take it to a FFL for transfer, let them be the bad guy.
Its not your job to decide if the intended beneficiary can or cannot possess it.

 

[PWC]

A public forum is not the correct venue for this question. I think Frank Etting, or Spatts McGee, who are contributing lawyers on this site would advise the same.

This is clearly a legal question with possible severe consequences stemming from a legal position. See an attorney, as the executor the estate should pay the fee.

Be safe.

 

[dogtown tom]

Hello THR,
the beneficiary does not meet criteria for gun possession (non-criminal).

Could you be a bit more specific?
The "non criminal" prohibiting factors are:
-Is the beneficiary under age 18?
-A nonresident alien?
-Has been adjudicated mentally defective or committed to a mental institution?
-Subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining you from
harassing, stalking, or threatening your child or an intimate partner or child of such partner?
-Renounced your United States citizenship?



If it's the age of the beneficiary, just hand it to their parent or guardian.

 

[jfuller406]

I'd like to thank everyone for the contributions. I most certainly will consult the appropriate legal council before final decisions are made. I most certainly won't risk getting me or my family in legal trouble over it. To inform anyone who comes across this, and for what it's worth, a gentleman from a local ATF field office believed that I would have liability if I knowingly facilitated the transfer as executor in this instance. I tend to agree with the member that it's not necessarily the job of an executor to qualify or disqualify a beneficiary. That does make for an interesting conversation. Perhaps "knowingly" is the key word there.
I hope you all can understand that I gave the amount of information necessary to state the legal issue in hopes that someone knew of a legitimate solution that I was missing. I can appreciate that there are reasons to know more detail related to possible solutions. As it is my family, it doesn't feel right to discuss the specifics of the beneficiary in this venue. It is not my intention to pose this type of serious issue like a riddle to the group to solve. It was the motivation to cover all the angles and make sure this goes down the right way for all parties that prompted me to post here. If you would like I can update when I learn interesting and informative things from this process. Thanks again.

 

[Frank Ettin]

It looks like the OP has what he wanted.