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FFL was back in the day. I'm 99% sure that's long gone and he just kept up a LTC and had personal guns. From what I'm told there all current MA legal and in his name
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Gun inheritance while original owner is still alive?
- Thread starter Lightning_825
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Yeah you’re in a bad situation. Depending on his age and the items in question...It’s f***ing complicated.it depends if you’re talking about being a collector or a manufacturer. I wouldn’t be surprised if the ATF dropped the ball on this one.I’m always freaking out about me not getting my renewal letter. If I had dementia I wouldn’t even remember what year it was. I have to renew every 3 to 6 years I think. Real sorry to come off like an a**h*** but you need an attorney
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Yea it definitely is a crappy situation. I'm pretty sure the FFL stuff is long gone, back in the 80's. He has like 6-7 guns.
My uncle wants me to sell them for him now so he has some extra money, I guess im just looking for a way to get them legally transfered so I can move them
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You could sell them through an FFL. You could sell five Guns personal transfer. It really depends the nature of the inventory. As far as them coming from his books or what not if it’s expired.You need a lot more information to figure out what to do. And if you’re not already aware of the situation you’re going to need a lawyer Ffl..We’re living in weird days trust me I was trying to sell a pistol to cover my mortgage but I couldn’t do it because the gun stores were closed
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I’m starting to wonder if they’re post sample machine guns. God only knows what you’re talking about. Probably won’t be hard to contacts of people on here who are reliable dealers and have them help you
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That’s a complicated situation. I’m currently reworking my Legal situation. It’s expensive and frustrating and slow. I’m sure somebody will help you guys out I wish I could help more other than say that’s a f***ed up situation....
I’ve got a mess on my plate. If you’re only talking five or six guns it really can’t be that big of a problem....But at The same time the fall out might be more expensive than the guns. I’m just guessing without the details
I’ve got a mess on my plate. If you’re only talking five or six guns it really can’t be that big of a problem....But at The same time the fall out might be more expensive than the guns. I’m just guessing without the details
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Don't sell them just give your pops the money I'm still pissed my mom sold my grandpa's rifle without giving it to me
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I get what you’re saying about heirlooms but this situation sounds like it’s more about handling affairs that in a monetary problem. You can just give the guy the money but that doesn’t solve the issues involved with firearms. Trust me I don’t want to inherit a single firearm but if I did I would just change the combo in the safe and move on with my life. And that’s not legal advice that’s just what I would do...Never mind the rest of your family trying to f***ing pick someone’s bones like a vulture
strangenh
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I agree, every situation is different. But I just wanted to say it... its easier to come up with money or sell some of your own stash than replace his if it's sentimental.
The guy has power of attorney, so he could probably just sell all his stuff if he wanted to. So putting it in writing is basically the same as the actual owner asking someone to hold on to his guns for a while. Why wouldn't this work? No laws are being broken or even stretched. It's perfectly legal to loan a gun to someone else. What do you think is going to happen that you're going FR about.
The OP is in a sitty situation, why make it worse by dreaming up a problem that just doesn't exist.
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Well the good news is that no one else is really involved in his affairs besides my uncle who's power of att. His family is pretty much all gone, sons the only one left aka my uncle.
I'm not too worried about the money situation were all squared away. My thing is I want to keep my uncle out of trouble with having to deal with fire arms without a LTC or FID and we were looking to get them to me so I can give them a little TLC and try to sell them to have a little extra money for him. He doesn't have anything to crazy. I was worried about the possibility of machine guns and illegal "AWB" crap especially coming from an old school dude who had an FFL.
But the collection is small and all legal he's got a Norinco AK, S&W 629, Ruger m77, a couple shot guns and a .22.
But after talking to my uncle apparently he sold 6 last month, how idk, that's another issue. I wouldn't mind EFA 10 ing some of them worth some money and selling them but idk how he sold the last 6. I hope he had the mind enough to go through an FFL.
MisterHappy
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If you have an LTC, you can take possession of them. This way, you won't have to worry about them wandering off.
If Uncle has Power of Attorney that is broad enough, Uncle can transfer them to you, in Gramp's name. That's the purpose of the Power of Attorney. Note - the PoA ends, when Gramps dies.
If Uncle wants $ for the guns, you can take them to a dealer (since you have the LTC), and Uncle can sell/consign them for Gramps.
If you want some or all, get them appraised, or use Gunbroker to get an idea of "fair" value, and buy them.
IANAL, but there are trickier firearms transfer problems.
If Uncle has Power of Attorney that is broad enough, Uncle can transfer them to you, in Gramp's name. That's the purpose of the Power of Attorney. Note - the PoA ends, when Gramps dies.
If Uncle wants $ for the guns, you can take them to a dealer (since you have the LTC), and Uncle can sell/consign them for Gramps.
If you want some or all, get them appraised, or use Gunbroker to get an idea of "fair" value, and buy them.
IANAL, but there are trickier firearms transfer problems.
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Ok good to know. So talking with my uncle, it seems like there's 4 we're gunna transfer EFA-10 because we found out that he hasnt used any of his transfers for a long time, we're gunna transfer those over to me as if he sold them to me. I'll sell them down the road on my own. The other ones I'll hold onto and wait til he passes to transfer them as inheritance
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- 'Inheritance' requires that someone be dead. Doesn't apply here, the OP's grandfather is still alive.
- The OP's grandfather is likely not competent to make his own decisions including things like executing a trust. That ship has sailed.
If the OP and his grandfather both have valid licenses, I'd just have the OP eFA-10 4 of the firearms to the OP using his grandfather's LTC and pin. This NOT legal advice and strictly speaking may not be legal. But the state probably doesn't really care as long as transfers are documented.
The other option is to take the guns for safe keeping, especially if we're talking about more than the four transfers per year permitted by eFA-10. Then just treat them like an inheritance once the inevitable occurs. No one is really going to make an issue of this or come looking for the guns. Don't over-think it.
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That’s what I was getting at. Whether he had power of attorney or not getting anything in writing for that particular situation isn’t worth your time. I definitely could’ve been more articulate. And I’ll admit I didn’t fully grasp the situation when I made my comments. We get a lot of random stuff on the forum this actually isn’t even that is strange thing is I thought
OP you have received answers that I would say answered your question.
A lawyer told you what he would do and everyone else advised holding on to them for now until something is worked out.
I would ask for the MODs to delete this thread so you can take appropriate action. Not trying to be rude just trying to give advice. I am in the process myself of putting together a “gun trust”
Lastly sorry to hear about your grandfather.
A lawyer told you what he would do and everyone else advised holding on to them for now until something is worked out.
I would ask for the MODs to delete this thread so you can take appropriate action. Not trying to be rude just trying to give advice. I am in the process myself of putting together a “gun trust”
Lastly sorry to hear about your grandfather.
I did a trust recently, mostly for NFA but want to put other guns in it. But apparently a Trust can't hold a C&R. So the Trust can't buy/sell/ship under the C&R. This doesn't mean much in NH, I just handle all that as an individual with a C&R then transfer the guns to the trust. But in MA that transaction from individual to trust would require an eFA10 and/or FFL because it's a legal transfer. MA complicates everything.
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It’s exactly what I’m talking about. I paid good money for these trusts. Then you try to hire the same attorney to figure it out and they say read the last page of your trust. Guys be careful or youll buried in paperwork The rest of your life..You’ll be paying that $200 transfer tax about 12 times before you’re done
I couldn't read all of MGNOOB posts because they are all so bad. I think we are all dumber for having him take over this thread.
Just ignore almost everything he wrote.
You got good answers the first few answers of the thread.
Definitely consult with an attorney on the best way of doing it.
The problem with these threads most people that reply have never dealt with this and have heard from someone or read somewhere or think it is done a certain way, but don't know.
Just ignore almost everything he wrote.
You got good answers the first few answers of the thread.
Definitely consult with an attorney on the best way of doing it.
The problem with these threads most people that reply have never dealt with this and have heard from someone or read somewhere or think it is done a certain way, but don't know.
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Do you have enough room in your safe to accommodate them? You can take possession of them on a temporary basis.
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