How does one go about transferring firearms from a relative who has died when several years have passed, and no paperwork can be found. It has been more than 30 years since my dad passed, he purchased all of his guns legally. Not sure what next steps should be?

 

Thanks in advance for any advice you can provide.

How does one go about transferring firearms from a relative who has died when several years have passed, and no paperwork can be found. It has been more than 30 years since my dad passed, he purchased all of his guns legally. Not sure what next steps should be?

 

Thanks in advance for any advice you can provide.

 

Who inherited everything else? (the question is material to the ultimate answer about what you do or do not have to do)

Yeah, what djg0770 said.

 

If no will, whomever was first in line should be able to take possession without permits, so long as he would be legal to own a firearm. If there was a will, and he left them to you specifically, no problem. If your Mom, or another family member was left everything, you would ned to get permits.

 

It's confusing. I went through it, and am still going through it with my Dad's guns. He didn't leave a will, and his wife got everything. She wanted me to have his service revolver, so I used one of my Permits and did an FFL to FFL transfer from Florida to here. I talked to her yesterday, for Mom's Day and she said she wanted me to have his off duty Colt DS revolver. Glad I have one permit left. I'll do the same FFL to FFL transfer.

 

When in doubt, search the statutes. Still not clear, a lawyer consult isn't that expensive for peace of mind and staying legal.

thanks for your quick replies

 

First in line would have been my older brother who passed away 6 months ago, next would be my other older brother. my parents were split up at the time of his death. remember this happened 30 years ago. how could we look up the ownership records? can the serial numbers be traced somehow?

Whoever has inherited the firearms can legally transfer them to whoever they choose. If it's a long arm, a Certificate of Eligibility needs to be filled out, a handgun requires a pistol permit and one gun a month must be followed unless you apply for an exemption to that.

can the serial numbers be traced somehow?

 

Yes, they can in NJ. Pistol permits are de facto gun registration.

 

Inheritance is the only way that pistols "cannot" be traced in NJ. The way is seems in your case is they would have passed to your older brother who died 6 months ago (my condolences). If your brother left them to you, then you are good to take possession - PROVIDING THAT YOU CAN LEGALLY OWN GUNS IN NJ.

Was your older brother married or does he have children? You said your parents were split up...legally divorced at the time of his death?

 

As for paperwork, there's nothing to be tracked or worried about. It can go generation to generation without any registration or involvement with the state if it is inherited. Once you step out of the chain of inheritance, standard purchasing rules apply.

Yes, they can in NJ. Pistol permits are de facto gun registration.

 

 

 

Yeah, but guns that his father, who died 30 years ago, may have owned could have been before the whole pistol permits thing was enacted. I don't recall when that was, for some reason, I think it was 1968 but that could have just been the Gun Control act of 68...the other number in my head is 1974 but I don't recall why.

Was your older brother married or does he have children? You said your parents were split up...legally divorced at the time of his death?

 

 

 

these are need to know items,

 

 

do you have a fid card or pistol permits? if not, you might as well start the process. the transfer part is very simple.

not for nothing, but if you're asking about inheritance LAWs, maybe you should be consulting a LAWyer. Some firms have specialists when it comes to inheritance issues.

Yeah, but guns that his father, who died 30 years ago, may have owned could have been before the whole pistol permits thing was enacted. I don't recall when that was, for some reason, I think it was 1968 but that could have just been the Gun Control act of 68...the other number in my head is 1974 but I don't recall why.

PP's started in NJ around 1966 - along with FID and a prohibition on open carry

thanks again for all of your replies,and sharing your experiance. i will most likely consult with a lawyer on this, as i think its going to get

complicated. i have a much better understanding of the whole process now.

 

thanks again.

It really isn't complicated. Especially if everyone in the family doesn't care if you have them. If everyone wants them it's a different story. If not, just figure out who legally owns them now (by birth and marriage) and get then from them. Long guns require an fpid and coe. Pistols a permit per (and exemption form if more than one)

Yeah, but guns that his father, who died 30 years ago, may have owned could have been before the whole pistol permits thing was enacted. I don't recall when that was, for some reason, I think it was 1968 but that could have just been the Gun Control act of 68...the other number in my head is 1974 but I don't recall why.

 

Right... Both of those are over 30 yrs ago (sorry to tell you )

Right... Both of those are over 30 yrs ago (sorry to tell you )

 

It depends on how old his father was, but in my observation most people who have guns, bought them(or started anyway) well before they turned 40. If his father died at 70 in 1980, he probably bought the guns in the 50s or 60s and stopped when NJ imposed FPID/PP. Just a WAG of course but from my experience, all the codgers that shoot now, were also shooting in their 20s and settled on the guns they liked by their 30s. There are exceptions and active collectors, but every 60+ guy I know that has guns stopped shooting them 20+ years ago.

It depends on how old his father was, but in my observation most people who have guns, bought them(or started anyway) well before they turned 40. If his father died at 70 in 1980, he probably bought the guns in the 50s or 60s and stopped when NJ imposed FPID/PP. Just a WAG of course but from my experience, all the codgers that shoot now, were also shooting in their 20s and settled on the guns they liked by their 30s. There are exceptions and active collectors, but every 60+ guy I know that has guns stopped shooting them 20+ years ago.

 

ahh - good point!

 

Glad to be the exception to your "well before they turned 40" rule.

this might help. there is an option for inheritance.

 

http://www.state.nj.us/njsp/info/pdf/firearms/101910-sp-015.pdf

If the person who inherits the guns does not have a fid then what? If they want to sell do they need an fid? Just want to get this right.

If the person who inherits the guns does not have a fid then what? If they want to sell do they need an fid? Just want to get this right.

 

2C:58-j

Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.

 

In English - if the heir is NOT a prohibited person, then they can keep any and all guns without ever applying for an FPID (Firearm Purchaser Identification Card) or a PPP (Pistol Purchase Permit)

thanks, they would need an fid to sell the firearms though correct?

thanks, they would need an fid to sell the firearms though correct?

 

No. They are the legal owner of the gun. They merely put NONE in the box requesting their SBI number

Ok beautiful. That's ok with pistol also with a pp. that's great news

Ok beautiful. That's ok with pistol also with a pp. that's great news

 

Correct.