Help with death of gun owner

Chuck

NES Member
Joined
Apr 30, 2005
Messages
1,153
Likes
59
Location
Metro-West
Feedback: 18 / 0 / 0
Hi,

Friend took us own life this weekend. Helping the family through this; one thing I can do is help avoid the complete loss of his firearm collection, as small as it is, from the bonded-storage vultures. Anyone know if I can just take his weapons into my possession and storage? Can I sell them for his family on a regular FA-10 transfer or does this have to involve a dealer?

Given that he took his life with one of his weapons, and if it’s what I think it was it might be his most expensive, anyone know if the police release that back to the family in time?

thanks,
 
If I remember correctly there is a MGL that allows 90 days for transfer or sale of personally owned firearms that were the decedents.

I apologize I can’t remember the details of it, but there is info specifically on this in the MGL’s firearms section, suggest a detailed search there for starters. Condolences on your friends passing.
 
They have 180 days from settling of estate to dispose of them however they please as long as an ffl is involved. You can transport them to ffl along with the widow and transfer them to you or consign them etc.
 
Last edited:
Condolences on your loss.

It is quite usual under these circumstances for the PD to swoop in and confiscate everything.

Note: IANAL

From a legal standpoint, this is an inheritance issue, whereby the person who becomes the "personal representative" (gender-neutral speak for executor/executrix) can dispose of them per the wishes in the will or via legal succession (per MGL for those that die intestate). Said "personal representative does not need a LTC for this task. Any transfers outside of the will or legal succession must go thru an FFL.

There is no time limit to accomplish this.

All this said, any licensed person can take possession (not ownership, and no they can't sell them) to hold them for the family of the deceased. Although legal, some PDs may prohibit this because they desire to "get guns off the street" and hate legal gun ownership.
 
They have 180 days from settling of estate to dispose of them however they please as long as an ffl is involved. You can transport them to ffl along with the widow and transfer them to you of consign them etc.
Not exactly. Must follow the will or legal succession. Only if those entitled don't want them/can't have them (PP) can the personal representative dispose of them as they please. It's a minor nit, but an important legal one.

Worth noting, no estate can be settled for a MINIMUM of 1 year, per MGL as it allows anyone to come forward to claim that the deceased owed them money within 1 year. The 180 day thing is really irrelevant. If you read the MGL on inheritance that 180 days mentioned is ONLY for the personal representative to become licensed if they are going to keep the guns . . . and that grace period starts only after settlement of the estate.
 
The police will release the firearm used.
Only maybe.

In a similar situation, the MSP refused to release the gun, period. It took my getting involved and reaching out to an active LEO friend, who subsequently reached out to the Trooper involved and they finally released it.

See my above comment about police loving to confiscate legally owned firearms, just because they can . . .
 
Only maybe.

In a similar situation, the MSP refused to release the gun, period. It took my getting involved and reaching out to an active LEO friend, who subsequently reached out to the Trooper involved and they finally released it.

See my above comment about police loving to confiscate legally owned firearms, just because they can . . .
I was relating my own experience with the MSP. The trooper investigating returned the firearm to me along with the remaining ammo in the magazine.
I suppose, like you said, it would depend on the officer/department.
 
I was relating my own experience with the MSP. The trooper investigating returned the firearm to me along with the remaining ammo in the magazine.
I suppose, like you said, it would depend on the officer/department.
I'm sorry that you had to go thru that. Yes, it depends on the officer and department . . . and there are too many that will take advantage of any situation. There are a number of documented cases of such right here on NES over the years.
 
Not looking to take the thread in a different direction, but would an adult child with an LTC be able to remove the firearms? My thinking is yes, but am interested if someone here knows for sure.
 
anyone with a valid LTC can take possession of the guns to hold for the family until they make a determination as to what they want to do with them
 
Can the law be circumvented? If the licensed person is allowed verbally or in written form to take possession of and sell off the firearms, can the licensed person ef10 all the firearms from the deceased to himself and then ef10 them to other buyers?

I know we're not about circumventing the laws here, blah, blah, blah, but,,,,,,,,,,,,,,,,,,,,,,,,,
 
Can the law be circumvented? If the licensed person is allowed verbally or in written form to take possession of and sell off the firearms, can the licensed person ef10 all the firearms from the deceased to himself and then ef10 them to other buyers?

I know we're not about circumventing the laws here, blah, blah, blah, but,,,,,,,,,,,,,,,,,,,,,,,,,
Dead people can't eFA-10 anything. That isn't how it is done, at least not legally.
 
Unless the PD is swooping in to scoop up the collection, you have a little time to think about this. If they're not looking for the guns, you can let things play out and they're pretty much like any other asset in the estate.

If the cops come for the gun, they you'll have to get an attorney involved. The gun he used to kill himself is another matter. If it's held as part of the investigation, the family should be able to get it back easily once the case is closed. Bottom line is that it's part of the estate after any investigation is closed. That doesn't mean the police will want to willing return in.
 
Back
Top Bottom