Inheriting firearms and related products

Inheriting firearms and related products

This is a discussion on Inheriting firearms and related products within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; So at my age I am thinking more about how any new legislation will affect my ability to pass my firearms on to my two ...

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    Inheriting firearms and related products

    So at my age I am thinking more about how any new legislation will affect my ability to pass my firearms on to my two sons.
    There is talk about Semi automatic bans and so called high capacity mag bans.
    Some talk about future sales but those in our possession will not be affected.
    But what happens after we die and my sons take possession. Will it now be considered fair game to be confiscated?
    And all this talk about reigning in private sales. Will that affect our ability to pass on our guns to our kids.
    Details matter and any new legislation needs to be dissected to see how it will affect these

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    VIP Member Array Havok's Avatar
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    This is why we dont have a registration in Texas. You have gun now, kids have gun after you pass, and nobody will know.
    The Old Anglo, G26Raven and baren like this.
    a poor plan that is well executed will produce better results that a good plan that is poorly executed.

    This is America. I have the right to go places. You have the right to stay home. You have the right to be upset about me going places. I have the right to not care.

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    VIP Member Array Chuck808's Avatar
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    They canít take what they donít know about. Thatís why there are so many old, unregistered machine guns sitting beneath beds and up in attics. What Uncle Sam doesnít know about, wonít hurt him.
    gasmitty likes this.

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    We have it in Ca., so what, Iím passing mine on and they will drop off the map

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    VIP Member Array OldVet's Avatar
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    Unless your state currently has gun registration, if any transfer of a firearm required an FFL transfer starting tomorrow, who or what's to say you didn't give your guns to your kids yesterday? Even if you bought one through an FFL the day before, if personal transfer was legal, they have to prove you didn't "gift" it to them yesterday. Maybe--for the grand kids sake--your kids chose to store "their" guns at your home. Nothing dubious there. I have a safe full of my son's guns because he has no other practical place of storage.
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    As of now, I don't see any issues with passing down my firearms or normal capacity magazines. Should legislation arise, like universal gun registration, there will be time before it becomes effective allowing for disposition of the firearms prior to the laws going into effect. I'll decide when and if such circumstances arise what to do with my passdown guns. Otherwise, my guns will be dispositioned in accordance with my will.

    As others have said, what the government doesn't know they don't know. I'm not going provide them any more than what is mandated by law.

    @OldVet
    Even if you bought one through an FFL the day before
    Wouldn't that likely be viewed as a straw purchase?
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    Senior Member Array M1911A1's Avatar
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    According to federal regulations, transfer by means of a bequest (a will) requires no notification to anyone, or to any federal agency.
    This regulation "crosses state lines."

    My wife, Jean, inherited a pistol from her dance mentor. Legally speaking, at the moment of the bequestor's death, the pistol became Jean's.
    We received it via FedEx, California to Washington, directly and without the "blessings" of any federal licensee.
    This is because it is federally legal to ship any legally-owned firearm, from yourself at any address, to yourself at any address.

    If you absolutely need it, I can quote "chapter and verse." But not today: We're a little too busy today.
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    Senior Member Array Psycho41's Avatar
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    Quote Originally Posted by KILTED COWBOY View Post
    So at my age I am thinking more about how any new legislation will affect my ability to pass my firearms on to my two sons.
    There is talk about Semi automatic bans and so called high capacity mag bans.
    Some talk about future sales but those in our possession will not be affected.
    But what happens after we die and my sons take possession. Will it now be considered fair game to be confiscated?
    And all this talk about reigning in private sales. Will that affect our ability to pass on our guns to our kids.
    Details matter and any new legislation needs to be dissected to see how it will affect these
    No way to know what future legislation will contain. There are lot's of possibilities, but I see four main categories:

    1. Items that are grandfathered can be sold, passed down, etc. just like any other item. This has historically been the case: e.g. the 1994 Assault Weapon Ban. Those "assault" weapons and normal capacity mags could be bought and sold just like any other firearm or magazine.

    2. Items that are grandfathered will be closely tracked and any transfers must go through gov't approval to transfer them. This is how it works for NFA items. Which is why it is a good idea to use an NFA trust.

    3. Items that are grandfathered cannot be transferred - at all. This is where those on the left not currently calling for confiscation are heading. That way they can still say "We don't want to take away your weapons"

    4. Items may not be grandfathered and have to be destroyed or forced to sell to the government. CA forced turn in of mags w/o compensation and I think that is still pending in the courts. In this case, the issue with heirs is moot.

    Before we just fighting against #1, now they re going all the way to #4.

    Regarding the use of an NFA trust as mentioned above - you can also create a trust for ALL your weapons. If you have concerns about what happens with your weapons when you pass, this is probably the best way to safeguard that transition. There is no guarantee how any particular legislation will recognize a trust, but it is a legal entity that can safeguard ownership.

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    VIP Member Array Havok's Avatar
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    Quote Originally Posted by spclopr8tr View Post
    Wouldn't that likely be viewed as a straw purchase?
    Doubtful. They wouldnt be able to prove he didnt buy it for himself. Even if they did it wouldnt matter because he wouldnt be alive to be charged with a crime. You can legally purchase guns for other people as gifts anyway. You have to be pretty dumb to get convicted for a straw purchase.
    a poor plan that is well executed will produce better results that a good plan that is poorly executed.

    This is America. I have the right to go places. You have the right to stay home. You have the right to be upset about me going places. I have the right to not care.

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    You should carefully provide for the disposition of your firearms, related items, and all assets/possessions in a will. That will mean that you do not have to transfer the guns. They will be inherited not transferred. While that is a technicality, remember the law is always based upon technicalities like the common meaning of words and legal definitions.

    A transfer is moving something from one person to another. Once you are dead you are no longer a person. Then estate laws go into effect. I do not think there has been much written about the interaction of estate law and firearm law. If there is I have not ever been able to find it.

    However, the possible new laws are not written or passed yet, so who knows. Maybe they will regulate inherited guns. Too bad we cannot regulate the lawmakers.

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    Quote Originally Posted by Havok View Post
    Doubtful. They wouldnt be able to prove he didnt buy it for himself. Even if they did it wouldnt matter because he wouldnt be alive to be charged with a crime. You can legally purchase guns for other people as gifts anyway. You have to be pretty dumb to get convicted for a straw purchase.
    Good point. Yes they can be gifted. I'm still in recovery from 20 years in the Democratic People's Republic of Maryland.
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    VIP Member Array Havok's Avatar
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    Quote Originally Posted by spclopr8tr View Post
    Good point. Yes they can be gifted. I'm still in recovery from 20 years in the Democratic People's Republic of Maryland.
    Escaping was step 1!
    spclopr8tr likes this.
    a poor plan that is well executed will produce better results that a good plan that is poorly executed.

    This is America. I have the right to go places. You have the right to stay home. You have the right to be upset about me going places. I have the right to not care.

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    Senior Member Array Psycho41's Avatar
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    Quote Originally Posted by M1911A1 View Post
    According to federal regulations, transfer by means of a bequest (a will) requires no notification to anyone, or to any federal agency.
    This regulation "crosses state lines."
    Yes, that is how it is generally - but it is not absolute.

    To transfer NFA items to an heir, they must be held by a class 3 FFL while the heir submits their paperwork to the ATF for approval and waits the obligatory 6-9 months. In some cases (in States that don't believe in the constitution) it can be very difficult, if not impossible to transfer certain weapons.

    This is regarding CA
    When a registered assault weapon is included in an estate, California law requires one of the following to occur within 90 days:
    • The estate must sell it to an FFL dealer,
    • The estate must transport the weapon out of state,
    • The estate must register the weapon with the state Department of Justice, or,
    • The estate must render the weapon inoperable.


    Unregistered assault weapons must be isolated from other assets in the estate and turned over to law enforcement. All related ownership documents must accompany the weapon and will be destroyed.
    Plus, it seem CA only allows firearms to be bequeathed to immediate family members. https://absolutetrustcounsel.com/cal...tance-of-guns/

    So, yes, today you can simply leave a firearm to someone in your will - today. But, do not underestimate those against the constitution. They are calling for confiscation now. It won't happen, but what might happen is a new ban with a grandfather clause. But, perhaps that clause only applies to the current owner?

  15. #14
    Member Array SunTsu's Avatar
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    Canada has an unusual approach to "prohibited firearms"
    You could be grandfathered in with a license to own Prohibited firearms
    People with the grandfathered license can trade and sell prohibited firearms among themselves as long as they maintain their license and continuously own one prohibited firearm of the same class.
    No new licenses for prohibited firearms can be obtained, but there's an exception to own prohibited firearms if "the individual is the child, grandchild, brother, sister or spouse of the lawful owner"
    This is particularly offensive because it creates a firearm class system of the haves and have-nots based entirely on what their parents did prior to 1998.
    The haves found a way to keep firearms while denying firearms to the rest of the subjects.
    M1911A1 likes this.

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    Senior Member Array M1911A1's Avatar
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    Quote Originally Posted by Psycho41 View Post
    Yes, that is how it is generally - but it is not absolute.

    To transfer NFA items to an heir, they must be held by a class 3 FFL while the heir submits their paperwork to the ATF for approval and waits the obligatory 6-9 months. In some cases (in States that don't believe in the constitution) it can be very difficult, if not impossible to transfer certain weapons...
    I did not consider discussing NFA/Class 3 firearms because they have become so rare and expensive.
    Anybody here got one? (I bet not.)
    But your point is good, and useful.


    Quote Originally Posted by Psycho41 View Post
    This is regarding CA...[California Bequest Information]...Plus, it seem CA only allows firearms to be bequeathed to immediate family members...
    California can make laws that say that bequests have to go to family, and maybe even that bequests have to stay in California, but that doesn't trump (pun intended) federal law regarding out-of-state shipment to legatees.
    California can say whatever it wants, but will find it damned hard to stop federally-legal bequest transfers to federally-legally-entitled, out-of-state residents.
    Steve
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