my grandfathers collection

[syvehc]

My grandfather passed away in 1984. He lived in Massachusetts, and my dad has lived in New Hampshire for almost 40 years now. When my grandfather died, my Dad's cousin took his gun collection, because he lived close to my grandfather in Massachusetts. My dad was afraid to bring them to NH because I was little then and my Mom didn't want them in the house, not to mention, he wasn't sure what the laws were about taking them over state lines. I am 42 now, and I would like this collection or, at least, part of it. My dad never signed them over to his cousin, but I was wondering how to get them back. I don't think my dad’s cousin will want to give them up. I am not sure what or how many he had in his collection. Would it be possible to have my dad sign them to me, so I can get them, and how would I legally get them to my home in New Hampshire? Another problem is that he has had them for so long that I don’t know what the laws are for something of this nature.

My grandfather worked at the Springfield Armory, and the guns were more than a collection; some of them were his life's work. This is why I want them back. Thanks for any advice in advance.

 

[mousegunfan]

It all depends on your dads cousin. Either he thinks their his, or he is willing to give all or some of them to you. He's had possession a long time. If he say's no you will have to sue him. Best to work it out.

 

[Busa]

I hope he still has them and you can work something out.

 

[cekim]

Seems like there are 2 issues here:
1. Claim of ownership and possible dispute of a will of one exists?
2. transfer of handguns across state-lines (GCA68) which outside of bequest requires an FFL-to-FFL transfer.

As I understand it:
As there is no bequest here, barring successful dispute of a will, the handguns will likely need to go through an FFL, but the long rifles/shotguns should not. That will add cost, but as NH FFL's are not constrained by absurd AG/EOPS lists, there's nothing stopping this that I know of.

There is no real act of "signing them over" to be done - only satisfying GCA68 which prohibits transfers of hand-guns across state lines without an FFL, outside of bequests.

 

[Billsail]

Whatever the outcome, and seeing this happened in 1984, it is far beyond any statutes of limitations regarding any legal avenues you may choose to persue. He has had possesion of them for far too long, assuming he still has them. You're going to have to plead to his sense of what the "right thing to do" is.

 

[Len-2A Training]

Seems like there are 2 issues here:
1. Claim of ownership and possible dispute of a will of one exists?
2. transfer of handguns across state-lines (GCA68) which outside of bequest requires an FFL-to-FFL transfer.

As I understand it:
As there is no bequest here, barring successful dispute of a will, the [STRIKE=undefined]handguns[/STRIKE] GUNS will likely need to go through an FFL, [STRIKE=undefined]but the long rifles/shotguns should not[/STRIKE]. That will add cost, but as NH FFL's are not constrained by absurd AG/EOPS lists, there's nothing stopping this that I know of.

There is no real act of "signing them over" to be done - only satisfying GCA68 which prohibits transfers of [STRIKE=undefined]hand-guns [/STRIKE] ALL GUNS across state lines without an FFL, outside of bequests.

I really don't know how this works. You need an attorney that knows inheritance law to sort the legal issue out. It's possible that "the law of adverse possession" may make the guns legally owned by the present possessor.

And as I corrected above. Fed Law PROHIBITS any private transfers across state lines, with the sole exception of inheritance, so the guns would all have to go thru an FFL (handguns only in state of new owner).

 

[depicts]

I would try and tell your cousin how much it would mean to you to have one or more of your Grandfather's guns. After him having them this long I'm sure he thinks they are his, but chances are, if you are not greedy, and are sincere in wanting to carry on that family legacy, I would think your cousin will give you something. Maybe you could pay him a small "Gratuity" for his generosity.

If you try to play hardball with him after all this time, I'm afraid you will lose. Not only that, but the whole concept of "Family" that you proclaim would sound pretty hollow if you can't work this out.

Good luck. I wish I had this problem, of having my grandchildren fight over my guns. None of them seem to care.

 

[enbloc]

.

 

[RichM]

Depicts, I'm available for adoption... I'll fight for your guns!

 

[depicts]

Depicts, I'm available for adoption... I'll fight for your guns!

Thanks RichM, I'll keep that in mind! *S*

 

[jcr]

If your father's cousin of of your father's generation, he may be looking for someone in the family to bequeath the guns to --assuming he has no children (i.e. your second cousins) that are interested.