Deceased person's firearms

[Sauer Grapes]

following. My best friends dad had an LTC and a couple pistols. He died like 5 years ago. Since he was married all his property goes to his wife. Im not even sure she knows the guns are there. No idea how theyd handle a transfer since shes not licensed.

MGL Section 129C​

(n) The transfer of a firearm, rifle or shotgun upon the death of an owner to his heir or legatee shall be subject to the provisions of this section, provided that said heir or legatee shall within one hundred and eighty days of such transfer, obtain a firearm identification card or a license to carry firearms if not otherwise an exempt person who is qualified to receive such or apply to the licensing authority for such further limited period as may be necessary for the disposition of such firearm, rifle or shotgun;

 

[rscalzo]

following. My best friends dad had an LTC and a couple pistols. He died like 5 years ago. Since he was married all his property goes to his wife. Im not even sure she knows the guns are there. No idea how they'd handle a transfer since she's not licensed.

Handled this in NJ. The party who is the beneficiary of the proper takes acceptance. As long as not prohibited, no requirement for a FID card or PPP. Property was simply turned over to them as in this case it was help in our property area.

In another case the "executor" of the estate of his father in law handled a rather large firearm's collection. The collector was to go to the friend of the deceased but the "executor" sold off much of the collection for his benefit. the case developed into a large civil suit not long after.

 

[1903Collector]

Wait, so if I die my wife cannot keep, sell or give away the guns I own will or no will? (she does have her LTC).

 

[Sauer Grapes]

The surviving spouse retains the property, guns. She can transfer them to herself, and keep or sell to another licensed party

 

[drgrant]

The worst thing you can do is ask about gun inheritance on the internet. Its squandering a great opportunity.

 

[1903Collector]

The surviving spouse retains the property, guns. She can transfer them to herself, and keep or sell to another licensed party

Whew!, that's how I understood it to be, That's one of the reasons I pushed her to get her LTC.

 

[jpm]

Why would this stop her from doing a transfer at an FFL?

Bob

The FFL could transfer them to someone else that has an LTC but not to her without an LTC. I thought you were referring to getting them in her name.

 

[10thSFFD]

State has a right to look for them.

 

[Len-2A Training]

The surviving spouse retains the property, guns. She can transfer them to herself, and keep or sell to another licensed party

Not always. I can easily see a Will leaving property to others and not the surviving spouse. Could be 2nd marriage, could be another relative/good friend who is really into guns, etc. Any number of reasons why this isn't always true. I also heard of a case where someone never re-did their Will after a divorce. When I answer questions, I don't do "absolutes" unless it is clear law.

Aside from the issue you mentioned, why shouldn't you use that?

The form asks for info that is NOT required by law. The form only allows inheritance from a MA resident with an active LTC, MGL and Fed Law allow inheritance from anywhere and anyone. Past registration or deceased LTC is irrelevant.

 

[HorizontalHunter]

Wait, so if I die my wife cannot keep, sell or give away the guns I own will or no will? (she does have her LTC).

Of course she can. When you die everything goes to her.

While your alive what is hers is hers and what is yours is hers.

The rules are simple.

The FFL could transfer them to someone else that has an LTC but not to her without an LTC. I thought you were referring to getting them in her name.

Thanks,
I couldn’t figure out where you were coming from on that and was wondering if I missed something.

Bob

 

[drgrant]

The reality is most of this inheritance crap is easy in a normal family. It really only goes off the rails when you have people wanting to fight over the dead guy's stuff.

If there's even a smidge of dysfunction it has to be done 110% to the letter of the law. Otherwise bad things can happen where shitbirds get the guns etc.

 

[AHM]

Can the person who has control of the deceased's firearms transfer them by way of inheritance to himself and others?

The only people who can inherit property are heirs.

The executor of a will/administrator of an intestate decedent's estate
can sell items from an estate to pay creditors or heirs;
and distribute inherited property to heirs.

Can they all be transferred at once?

Yes.

Is there a limit?

No.

I don't know why people seem to think that when someone dies, its 'finders-keepers' when it comes to their guns. Might as well take their bank account contents and car while you're at it.

Because once you've got the dead guy's guns,
it makes it a lot easier to get the bank account contents and car.

If they were married and he died, isn't she the sole owner of the estate?

If that is the case, aren't any firearms hers to dispose of as she sees fit?

The mere fact that a decedent may have left a single heir
does not mean that the heir is necessarily the executor/administrator.

 

[ssscamaro]

There is also a great thread on inheritance in the Mass laws forum thats worth a look.

Bob

Hi fairly new/returning on this board
can someone possibly provide a link to above? I looked but not finding it. I’ve been searching for
inheritance answers nearly non stop for nearly a week now.
looking for printed information or a knowledgeable firearm attorney to ease family tensions regarding inheritance of firearms from Florida to Ma to a lawful ltc holder.
Info needed on How the wonderful AG list does or does not apply, how the pre ban post ban “regulation” does or does not apply in regards to inheritance.
Many other questions as well, many I am
comfortable with and have a decent understanding of but need to have some written “lawful” information to provide executor/spouse.
Thank you in advance

 

[Len-2A Training]

Hi fairly new/returning on this board
can someone possibly provide a link to above? I looked but not finding it. I’ve been searching for
inheritance answers nearly non stop for nearly a week now.
looking for printed information or a knowledgeable firearm attorney to ease family tensions regarding inheritance of firearms from Florida to Ma to a lawful ltc holder.
Info needed on How the wonderful AG list does or does not apply, how the pre ban post ban “regulation” does or does not apply in regards to inheritance.
Many other questions as well, many I am
comfortable with and have a decent understanding of but need to have some written “lawful” information to provide executor/spouse.
Thank you in advance

Look here: Massachusetts Laws It's the 4th or 5th sticky in that list. Good info is there, but lots of garbage too . . . which is why I no longer post such things there on NES. Anything worthwhile I post is in my personal Training sub-forum, where I can lock the thread to avoid people having to sift thru hundreds of irrelevant responses.

 

[ssscamaro]

Thank you read all 12 pages !

 

[Quite_Exasperated]

Laws are now optional. See the past 20 years of D bs for any number of examples...

 

[HorizontalHunter]

Thank you read all 12 pages !

Len is great. He beat me to the response on your post. I took his Mass laws class and it was terrific.

Bob

 

[Len-2A Training]

Len is great. He beat me to the response on your post. I took his Mass laws class and it was terrific.

Bob

The Mass Gun Law by and for Non-Lawyers will be coming back, but run out of NH. I'm hoping for a mid-July date to start up again. I need to ask permission from the club to use the clubhouse before posting a date and details (it'll be posted in the Training forum) and on my website: 2A Training