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bggwind

Question RE: NJ->DE transfer - inherited revolver...

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Folks -

 

I've been a lurker here for a little while, and I have a question that some of you local guys might be able to help me with. I'm a resident of Delaware, however the question relates to NJ...

 

My mother-in-law just recently passed away in NJ. In her possession from her late husband is a mint condition S&W revolver. As far as we know, there doesn't seem to be a record or papers on this weapon although I'm very sure it was acquired through legitimate channels (my late father-in-law was an avid sportsman and a competitive trap shooter).

 

What would be the easiest way for me to transfer the weapon to DE into my name? Do I need to create a "bill of sale" to the estate of my late mother-in-law? Someone told me that because it's part of an estate it circumvents the FFL to FFL protocol, and my wife would simply have to drive over, take possession, and then drive home with the weapon unloaded and locked in the trunk.

 

I want to be nothing but 100% compliant. I would love to shoot it on the range regularly; however with the scarcity of .38 Special ammo (and primers for reloading for that matter) it'll most likely be relegated to house-gun status.

 

 

Any help is much appreciated.

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If it was in the estate... then those would apply... however the one caveat is you are a DE resident, and thus would really need to worry about DE laws, and not so much NJ ones.

 

Also, Bill of Sale implies a sale, and thus you can throw out the estate process.

 

realistically, if sale, they can send over the gun to an FFL in DE.

 

Are there permits in DE or what?

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If the gun was 'willed' to you, you can legally drive, pick up the gun & drive back home, just as you stated.

 

This is true but somehow I don't feel that's the case. If the revolver is part of the estate what does the will say? Anything specific about who it belongs to? If so that person can take legal possesion of it. If not and the executor is liquidating the estate and you can get the gun the gun has to, at the very least, a DE FFL. A FFL can accept firearms shipped or delivered to them but some insist that it come from another FFL (a NJ FFL in this case).

 

In short if the gun is not left to you in the will it has to be transferred to you via a DE FFL.

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