Inheriting firearms?

[foaly]

My sweet little old mama is in a terminal state. The family has the usual situations to deal with. One question I have is can guns be inherited as part of an estate.

I am sure an attorney would be happy to take several hundred dollars to answer this question but I am hoping some wise soul on HT already knows.

[wwubben]

Everything owned by the decease4d is part of their estate.The estate can be inherited.

[foaly]

Originally Posted by wwubben

Everything owned by the decease4d is part of their estate.The estate can be inherited.

I assumed so but guess I should have phrased my question differently. Once the estate is inherited (including firearms), would there be the need to register the new owners, etc.?

Guess my cart is before the horse already. Supposing the local "officials" will let me know when the time comes. I'll be jumping through legal hoops soon enough. Just trying to figure things out now to reduce the surprises later on down the road.

[pancho]

To register or not would be up to the people who inherit the firearms.

[edcopp]

Originally Posted by foaly

My sweet little old mama is in a terminal state. The family has the usual situations to deal with. One question I have is can guns be inherited as part of an estate.

I am sure an attorney would be happy to take several hundred dollars to answer this question but I am hoping some wise soul on HT already knows.

I thought she gave the guns to you years age, as a tax free gift; to avoid probate.

[foaly]

Oh my goodness, Edcopp, I completely forgot her telling me that. Thanks so much for the reminder!

[copperkid3]

Since they were 'given' as a gift years ago, then they are no longer a part of the estate.
Personally, I wouldn't 'register' the guns, but take down a description of each; complete
with serial number and store in a safety deposit box or some such if they ever are stolen.

And sorry to hear the news concerning your mother.

[foaly]

Originally Posted by copperkid3

Since they were 'given' as a gift years ago, then they are no longer a part of the estate.
Personally, I wouldn't 'register' the guns, but take down a description of each; complete
with serial number and store in a safety deposit box or some such if they ever are stolen.

And sorry to hear the news concerning your mother.

Thanks for your kind words, Copperkid.

I was hoping to use one of the guns to obtain my concealed weapon permit. That's really where the question of registering comes up.

[beowoulf90]

Originally Posted by foaly

I assumed so but guess I should have phrased my question differently. Once the estate is inherited (including firearms), would there be the need to register the new owners, etc.?

Guess my cart is before the horse already. Supposing the local "officials" will let me know when the time comes. I'll be jumping through legal hoops soon enough. Just trying to figure things out now to reduce the surprises later on down the road.

That depends on the State, According to the federal government, as long as it isn't a class III (full auto) firearm there is no need to register it if you are the son, daughter wife etc of the deceased..

Now each State has it's own laws, I know here in PA we don't have to register them if inherited from a family member or if given from a family member..
But here we also don't register long arms, only handguns..

Now I'm not a lawyer, but I did stay at a Holiday Inn Express last night....

[Old Vet]

Originally Posted by foaly

Thanks for your kind words, Copperkid.

I was hoping to use one of the guns to obtain my concealed weapon permit. That's really where the question of registering comes up.

Don't know about Oklahoma but in Arkansas You will inherit it and no reason to registered it. the only people to register it wit are the ATF unless you state has a law that all firearms must be registered and they will tell you how to go about it.
Having a concealed carry permit is great if you are going to carry.

[Bearfootfarm]

That's really where the question of registering comes up.

In most cases there is no "registration" of a particular firearm, but there are state laws that could apply. In NC anyone aquiring a handgun by any means MUST (to be legal) get a handgun permit from their Sheriff

I'd suggest you contact a Sheriff's Dept or a lawyer and find out the particulars of YOUR state's firearms laws.

If there is NO will, the guns WILL be part of the estate, and the Govt will handle the distribution. They would most likely do firearms through an FFL dealer

If there IS a will and an executor appointed, THEY will be responsible for distribiution, but the recipient will still have to abide by any state laws.

[Wis Bang 2]

Originally Posted by beowoulf90

Now each State has it's own laws, I know here in PA we don't have to register them if inherited from a family member or if given from a family member.

But here we also don't register long arms, only handguns..

PA says handgun transfers between grandparent - parent - child - spouse - sibling do not need to go thru a FFL...that is a little more restrictive than just 'family member'...

your father in law can't transfer one to you...he could give it to his daughter who could give it to you...

uncles & other 'family members' would still have to go thru a FFL though an uncle could give it to his brother [your father] who could give it to you...

Also PA allows transfer of long arms face to face w/ out a FFL and there is no actual registry of handguns; the State Police keep a database of purchases since the law changed in the mid 90's.

Anyone moving into PA already in possession of a legal handgun and anyone receiving one from a parent/grandparent/spouse does not get entered into the database along w/ any handgun purchased prior to the enactment of the law. The state supreme court has ruled the 'database' incomplete and not legal but the State Police continue to use it...

[bjba]

There is no gun registration in Oklahoma.

[beowoulf90]

Originally Posted by Wis Bang 2

PA says handgun transfers between grandparent - parent - child - spouse - sibling do not need to go thru a FFL...that is a little more restrictive than just 'family member'...

your father in law can't transfer one to you...he could give it to his daughter who could give it to you...

uncles & other 'family members' would still have to go thru a FFL though an uncle could give it to his brother [your father] who could give it to you...

Also PA allows transfer of long arms face to face w/ out a FFL and there is no actual registry of handguns; the State Police keep a database of purchases since the law changed in the mid 90's.

Anyone moving into PA already in possession of a legal handgun and anyone receiving one from a parent/grandparent/spouse does not get entered into the database along w/ any handgun purchased prior to the enactment of the law. The state supreme court has ruled the 'database' incomplete and not legal but the State Police continue to use it...

Thank you Wis Bang I was aware of this.. I was just trying not to confuse foaly with too many specifics for PA when he is from OK.. Now if you need the laws and such check out my link in my sig line to PAFOA (Pennsylvania Firearms Owners Association).

Anyway you are correct and I guess I should have worded it differently..

[Sawmill Jim]

Originally Posted by copperkid3

Since they were 'given' as a gift years ago, then they are no longer a part of the estate.
Personally, I wouldn't 'register' the guns, but take down a description of each; complete
with serial number and store in a safety deposit box or some such if they ever are stolen.

And sorry to hear the news concerning your mother.

Yes sorry about your Mom . Above info is what i would do also

[fordy]

Originally Posted by foaly

My sweet little old mama is in a terminal state. The family has the usual situations to deal with. One question I have is can guns be inherited as part of an estate.

I am sure an attorney would be happy to take several hundred dollars to answer this question but I am hoping some wise soul on HT already knows.

.................If the market value of the estate is a couple mill or so , you might want too look into setting up a Trust too avoid probate , etc . Although , the estate tax is in a state of flux for 2010 only from what I've read ! I'd still consult an estate attorney though ! , fordy

[fordy]

Originally Posted by foaly

My sweet little old mama is in a terminal state. The family has the usual situations to deal with. One question I have is can guns be inherited as part of an estate.

I am sure an attorney would be happy to take several hundred dollars to answer this question but I am hoping some wise soul on HT already knows.

................Most estate assets are required too be valued at Current , fair market value ! Say mom had a antique 30-30 which she paid $500 for way back when , the Current FMV is now $25,000 . So , IF youy sell the 30-30 for $26,000 the first $25,000 will be it's Stepped UP basis for figuring the gain on the sale . , fordy

[Wis Bang 2]

Originally Posted by beowoulf90

Thank you Wis Bang I was aware of this.. I was just trying not to confuse foaly with too many specifics for PA when he is from OK.. Now if you need the laws and such check out my link in my sig line to PAFOA (Pennsylvania Firearms Owners Association).

Anyway you are correct and I guess I should have worded it differently..

I am a member of PAFOA...

[poppy]

I'd take them home and forget about it unless there might be squabbles with siblings. I see no reason to run them through the estate. As to gun laws, check your state. We didn't even run my dad's estate through probate. All he had was a few thousand dollars and his paid for home. He didn't owe anyone a dime. Us kids divided the money and we all agreed to give his house to our youngest brother who had put off getting married to stay and take car of dad. Our lawyer said it was fine.

[Old Vet]

Originally Posted by poppy

I'd take them home and forget about it unless there might be squabbles with siblings. I see no reason to run them through the estate. As to gun laws, check your state. We didn't even run my dad's estate through probate. All he had was a few thousand dollars and his paid for home. He didn't owe anyone a dime. Us kids divided the money and we all agreed to give his house to our youngest brother who had put off getting married to stay and take car of dad. Our lawyer said it was fine.

If the family is pleased with the end then nothing to worry about. Usually one or more of the siblings thought that Dad and Mom was worth more than that and will cause enough trouble to have everything probate.