Inheritance question

[Regulator72 80]

Did some research, but i found some conflicting answers. thought you guys could shed some light..

 

I have a friend that inherited several handguns when his father passed away. His dad was an retired LEO. The guns were picked up by the PD and brought to a local FFL, awaiting his F.I.D card and permits in order to legally obtain the guns.

 

I know he'll have to obtain permits for each.

 

Here's my questions, with the one gun a month law, i assume he has to wait 30 days between each pickup? pay the fee's each time, etc.. I found some references to a bill that addresses this issue and would allow the Superintendent of the NJ State Police to allow a multi gun transfer to take place in this situation.. I don't think this was put into place, as i can't find any other references to it other than a news story from Dec 09'

 

Thanks for the help and advice..

[Matt 0]

I can't find it right this second, but if you want an answer right away a similar question was asked a few weeks ago (I think?) that got some responses, might try searching the forum

[djg0770 481]

If these guns were inherited, and IF he is legally permitted to own them (of appropriate age and has no criminal background, etc. as listed in 2c:39-7 and 2c:58-3c), he has NO NEED to obtain ANY permits for ANY of these guns as listed in 2c:58-3j.

 

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.

 

http://tinyurl.com/yl9fvz4

[Pizza Bob 1,488]

Did some research, but i found some conflicting answers. thought you guys could shed some light..

 

I have a friend that inherited several handguns when his father passed away. His dad was an retired LEO. The guns were picked up by the PD and brought to a local FFL, awaiting his F.I.D card and permits in order to legally obtain the guns.

 

I know he'll have to obtain permits for each.

 

Here's my questions, with the one gun a month law, i assume he has to wait 30 days between each pickup? pay the fee's each time, etc.. I found some references to a bill that addresses this issue and would allow the Superintendent of the NJ State Police to allow a multi gun transfer to take place in this situation.. I don't think this was put into place, as i can't find any other references to it other than a news story from Dec 09'

 

Thanks for the help and advice..

 

Here's the law...

N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees

(a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or

acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card

shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or

legatee, whether the same be by testamentary bequest or by the laws of intestacy. A person so

acquiring ownership may retain the firearm if he or she meets the requirements of N.J.A.C. 13:54-

1.5 and 1.6.

(b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of

the firearm for the purpose of sale for a period of 180 days, which period may be extended by the

chief of police or the Superintendent. During such period the firearm must be placed in the custody

of the chief of police or Superintendent.

© In the case of assault firearms or machine guns disposition shall be in accordance with

N.J.A.C. 13:54-5.

 

The way I interpret that is that no FPID or P2P's are needed in this case. The heir only needs to meet the eligibility requirements.

 

That being the case, it would seem the police overstepped their bounds (in NJ???? Say it ain't so) by confiscating the firearms and transporting them to a dealer.

 

All that aside, if the OP's friend just wants to get the FPID and necessary permits, he only need apply once (providing there are 6 or less handguns). The FPID, of course covers all the long guns, and you can make a single application (same form as FPID - just check both boxes at the top and indicate how many P2P's you want) for as many P2P's as you want. Yes, you can petition the NJSP for multiple transfer in a single instance - that was passed and signed into law. I don't know if the NJSP ever did their part by designing the form and procedure for this to take place, and the general concensus is that, in the long run, it will probably be faster just to wait the 30 days between pick-ups - of course, that again is dependent on the number of handguns we're talking about.

 

HTH

 

Adios,

 

Pizza Bob

[NJ609 22]

I'd go to the station with a lawyer and demand the firearms be transferred to me free of charge and with no registration or permit application as outlined in NJ state law.

 

This is one of the few times when I would "lawyer up" as they say, because this is something that could very well happen to me so I've thought about it.

 

If he's legally able to get the FPID card, then he can get all the firearms. He does not have to do an FFL transfer OR actually get the FPID card to take ownership of them.

 

Having said that, he should still get an FPID card so he can purchase ammunition for the pistols!

 

Any idea what town this is if you don't mind sharing?

[Guest]

i don't know the circumstances of how they got picked up + taken to ffl , but now they can not be released back to him w/o proper permits , license , + checks - did not have to be this way with inheritance -

[Regulator72 80]

Thank you all for the answers, looks like it's not going to be a problem. to answer some questions, The deceased LEO was a retired NJ State Police officer, the guns were picked up by the NJ state police upon his death, and a fellow retired State Police officer/family friend then took the guns to Brick Armory and had them held for him there.

 

I believe the family friend did the right thing by placing them "on-hold" if you will @ the range. The son is in process of obtaining a FID card, so this should all work out fine. My concern was with permits and the 30 day wait, and most of the info i could locate was dated BEFORE the new laws.. not that there is a rush to obtain all the guns, but trying to make it easier...

 

my guess is that is NJSP protocol to take the guns upon death? The family friend thought it best that if my buddy was to own the guns, he should be legal and get the FID card, etc..

 

Thanks again for all the help!

[rscalzo 3]

While the NJ state law is quite clear on the transfer of a inheritance, the movement of the firearms to a FFL dealer by a friend probably made it more complicated. If the firearms were entered into the FFL's books, a transfer back to the inheritor would be impossible without the required paperwork.

 

I've handled firearm's transfers for estates of a deceased and it required nothing more than handing them over although we did a report stating exactly what was transfered. We stored the firearm's for family members who did not feel comfortable having them in the home.

 

The biggest problem is getting actual documentation of who the firearms were left to in a will. We became involved in a civil suit when the family didn't follw the letter of the will and transfered them to a family member when in fact the deceased willed them to a friend. As it involved tens or thousands in firearms it became a big issue.