Question on taking possession

[magnawing 5]

My father passed away in 2009 and my step-mom still has his gun collection in MD (the ones that weren't lost in that tragic boating accident just before he died). What do I need to do to legally take possession of his S&W .357 revolver?

 

 

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[intercooler 41]

you need a permit to purchase, goes thru FFL

[checko 180]

Have her send it to an FFL here and you burn a PPP to aquire it

[magnawing 5]

Do I need a copy of his death certificate?

 

 

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[mipafox 438]

Just an FYI, inheritance is "mostly" exempt from interstate FFL requirements under federal law:

 

http://codes.lp.findlaw.com/uscode/18/I/44/922

 

Not sure how the Jersey thing works. For instance, could it legally be acquired through inheritance in person in MD (legally acquired out of state) and brought back to NJ? I don't know.

[ogfarmer 138]

no you just need your FID and a pistol purchase permit when you goto a NJ FFL to get it transfered to you. Your stepmom has to have it sent to FFL here first

[ogfarmer 138]

He didn't say he inherited them, seems that his stepmom did, unless he forgot to mention this

 

Just an FYI, inheritance is "mostly" exempt from interstate FFL requirements under federal law:

http://codes.lp.findlaw.com/uscode/18/I/44/922

Not sure how the Jersey thing works. For instance, could it legally be acquired through inheritance in person in MD (legally acquired out of state) and brought back to NJ? I don't know.

[mipafox 438]

He didn't say he inherited them, seems that his stepmom did, unless he forgot to mention this

He also didn't say he's in the US on a Visa and doesn't have a hunting license.

 

I threw out something that had a chance of being relevant and helpful. If it doesn't match with Jersey law then it doesn't matter in the first place.

[checko 180]

I would assume that the will would have been executed in the last 4-5 years. 

[magnawing 5]

There was no will so everything automatically went to my Step-mom... Inheritance laws don't apply. And I am definitely a US citizen...no visa here, except the debit kind.

 

 

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[ogfarmer 138]

Then,

you just need your FID and a pistol purchase permit when you goto a NJ FFL to get it transfered to you. Your stepmom has to have it sent to FFL here first

 

Thats all

[magnawing 5]

Thanks for the quick and knowledgable responses...I'm still a noob at NJ gun ownership.

 

 

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[Ian S 22]

You may want to review intestate succession in Maryland in effect in 2009 and/or consult an independent counsel for your specific situation.

[magnawing 5]

The gun is still in my step Mom's possession in Maryland. There was no will and he never said to me, "I want you to have my 357" so...it's pretty much her gun now. I'm just looking to get it legally transferred to me.

 

 

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[djg0770 481]

send to an ffl in nj and get a pistol permit.  That's the legit way.

[JT Custom Guns 956]

As the others have stated - since the Hg is not yours (yet) you need to have it transferred

into NJ.

Your mom may, or may not be able to ship it herself depending upon her states legal requirements.

(Most states require that it be shipped through an FFL) - so you mom would need to bring it to an FFL

in her state, and they transfer it to an FFL here in NJ; so there will most likely be two (2) transfer fees

(one shipping out & one receiving in)

then once your FFL has received the gun - you bring your NJFID & HGP to go pick it up.

 

Good luck!

[magnawing 5]

I may end up driving down there and doing the running myself just so she doesn't have to...I'm pretty sure my Dad's gun guy will handle it for me without too much hassle.

 

 

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[ogfarmer 138]

Maryland is a Anti State and since your NJ resident and taking possession of HG in another state you are breaking the law without her transporting it to the FFL to do the transfer. Maryland has just recently passed a ton of laws and they are not gun friendly.

You cannot go there and take it to the FFL yourself.

[JT Custom Guns 956]

As was just posted - I'm pretty sure your Dad's gun guy (assuming he is an FFL) isn't

going to give you (a NJ resident) a HG as a favor so you can save some shipping and

transfer fees.

If he did - you would both be breaking the law, and is that worth saving $100.00 ???

[magnawing 5]

Wasn't looking for anyone to break any laws, just walk me through the paperwork so I don't get hung up.

 

 

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[ogfarmer 138]

Do you have your FID and HG purchase permit yet? I ask because I thought I read you just applied for them.

 

If so, your Step mom takes the HG to a FFL in Maryland and has them ship it to your FFL here.

 

Once it arrives here, you go to your FFL and provide them with your FID, DL and HG purchase permit.

 

You will then fill out Form 4473 and have a NICS background check done, once that is done you will complete your HG purchase permit and the FFL will package your HG up and you can go home after paying for NICS and transfer fees.

[magnawing 5]

I don't have them yet...I'm trying to be prepared for when the papers actually do come through and I can do things nice and legal.

 

 

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[Oakridgefirearms 224]

If your step mother is making a trip to NJ she could drop off the revolver at the NJ FFL you plan on using for the transfer, otherwise it would probably be cheaper for her to have an FFL in MD ship it up here USPS rather than her just sending it on her own UPS or Fed Ex since they will only ship it overnight.

[magnawing 5]

Thanks for all the advice. I'll be visiting her later this week and I'll have her pack it up and get ready to take to FFL when my paperwork comes thru.

 

 

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[Night Prowler 0]

You can always have her ship it while you are visiting her. Most FFLs should have no problem holding it till the paper work comes in. Are you going to Jim Flyns?

[magnawing 5]

Yes...Jim is the closest FFL to me and his transer fees are the most reasonable I've found in the area as well.