father passed away, transfer of ownership

[krak256 0]

my father recently passed away without a will and left quite a few guns (rifles, shotguns, handguns) behind. i currently do not have have a FID, but will be applying for one in the near future. Is there a way I can possess a few of the guns (namely the ones that we used to go shooting with) in the mean time? if not, can someone with a FID hold onto them for me until I have a FID? how does NJ law deal with transfer of firearms?

 

thanks!

[deni 16]

sorry for your loss.

 

i'm not sure myself but i'm sure someone on this forum will be able to help you out.

 

if I had to guess you may not need an FID although legally it may belong to his wife.

[EchoMirage 137]

im pretty sure it doesnt matter. you should get a FID regardless, but it doesnt have to be 'registered' to you to use them. i recently traded a pistol that wasnt in my name, but was bought legally beforehand. you cant legally transport them with the card, though.

[Ray Ray 3,566]

Sorry for your loss sir. I would apply for your FID and pistol permits (if needed) as soon as possible.

[PK90 3,573]

Without a will, they all go to your dad's wife. If no wife, they go to you and your siblings.

 

In the first scenario, you will need a FPID card for all the long guns and a P2P for each handgun. You would be exempt for the OGAM law.

 

In the second instance, you do not have to, but should, get a FPID, as long as you are not a prohibited person.

 

FYI, there is no gun registration in NJ. Only handguns acquired in the state are registered, except inherited ones.

[djg0770 481]

Without a will, they all go to your dad's wife. If no wife, they go to you and your siblings.

 

In the first scenario, you will need a FPID card for all the long guns and a P2P for each handgun. You would be exempt for the OGAM law.

 

In the second instance, you do not have to, but should, get a FPID, as long as you are not a prohibited person.

 

FYI, there is no gun registration in NJ. Only handguns acquired in the state are registered, except inherited ones.

 

Just to clarify what Paul wrote - OGAM is the One Gun A Month law which applies to pistols. You are not automatically exempt from the law - you need to apply for the exemption which has been a rubber stamp for everyone on this forum (to my knowledge) and you have an excellent case for being exempt as these guns are being transferred to you by your father's estate.

 

I also echo the recommendation to get the FPID card. You will also need pistol permits for each handgun transferred to you, so apply for them now. There is no limit on the number of pistol permits you can apply for and if the PD tells you different, call the NJ State Police Firearms Unit - they will call your PD and set them straight.

[Malsua 1,422]

my father recently passed away without a will and left quite a few guns (rifles, shotguns, handguns) behind. i currently do not have have a FID, but will be applying for one in the near future. Is there a way I can possess a few of the guns (namely the ones that we used to go shooting with) in the mean time? if not, can someone with a FID hold onto them for me until I have a FID? how does NJ law deal with transfer of firearms?

 

thanks!

 

The question that's not answerable from your original post is...was he married at the time of his death?

 

If the answer is yes, the guns are the property of his wife unless he specifically willed them to you, by name in his will. (all my guns are to go to my son xxxx)

 

If the answer is No, the guns are the property of you and any siblings you might have.

 

As to the gray area, if you are a prohibited person from owning guns, you must get rid of them in a legal fashion within 180 days of his death. If you are otherwise not a prohibited person, they are yours to keep and use or sell as you choose.

 

As others have said, if they are now in the custody of your mother/his wife, they will need to be legally transferred to you and that required that you get a firearms purchaser ID(all long guns) and permit to purchase pistols(one for each pistol).

 

If they were willed to you or if there is no spouse and you are not a prohibited person, you do not need to do anything but take custody of the guns. They are yours now and until you die or transfer them. You should however get a firearms purchaser ID card anyway but it is not legally required under the above exceptions.

[krak256 0]

thank you everyone.

 

my father did not leave a will (he was relatively young at the time of death) and he was legally married. the wife does not want to keep the guns at all and has talked about donating or giving away the guns, much to my dismay. I should be able to talk to her and keep a select number of guns. In this case, without a will, can there be a legal transfer from my father's estate to me?

[Maksim 1,504]

If enough time did not pass yet, she can possibly disclaim the firearms and have them automatically go to you.

[PK90 3,573]

If enough time did not pass yet, she can possibly disclaim the firearms and have them automatically go to you.

Even without a Will?

 

From what the OP posts, it appears that the wife is the legal owner now and they must be transferred to him by a FPID and multiple P2Ps with the exemption.

[krak256 0]

before he passed, my father did talk about giving me his guns. although there is no written will, is it possible to still have a legal transfer through his wife?

[Maksim 1,504]

I am not a lawyer, however have seen it in my courses of estate planning.

 

Depending on how long has passed, the beneficiary does not have to accept the items and can disclaim them, however there are strict limits to how long. She cannot receive it, then a year later say that she does not want it.

 

I do not know how long the time limit to disclaim an item is, and all of my estate books are in the office.

 

If there was an attorney involved, I would give them a call, as that is what you are paying them for.

[Maksim 1,504]

before he passed, my father did talk about giving me his guns. although there is no written will, is it possible to still have a legal transfer through his wife?

 

 

Was there someone else present at that conversation?

[Maksim 1,504]

Alright, you guys are making me work... give me 30 mins.

[Maksim 1,504]

Voila.... 9 months.

 

For tax purposes, disclaiming assets is the same as never having owned them. That's why it's important to follow the precise requirements of a qualified disclaimer. If the primary beneficiary does not follow these requirements, the property in question will be considered a personal asset that he or she has given as a taxable gift to the next beneficiary in line.

 

According to the IRS, the person disclaiming the asset must meet the following requirements to use a disclaimer:

Make the disclaimer in writing

Disclaim the asset within nine months of the death of the assets' original owner (in the case of a minor beneficiary wishing to disclaim, the disclaimer cannot take place until after the minor reaches the age of majority)

The person disclaiming cannot have benefited from the proceeds of the disclaimed property

The person disclaiming cannot have the assets indirectly pass to him or her

Keep in mind that the disclaimer is irrevocable; the person who disclaims the property can't come back later, after a failed business or stock market slump, for example, and reclaim those assets.

 

 

http://www.investopedia.com/articles/06/RefuseInheritance.asp

 

 

Paul... answer that question?

[Guest Damagedworld]

I do not know that "tax law" and "firearm law" follow the same exceptions.. the law you are quoting deals with finance.. while the firearms laws deal with the legal means in which you may acquire them.. I do not believe they are one in the same?

 

you appear to be talking in terms of finance..

where Paul appears to be discussing legal means of firearms transfer..

 

unless NJ firearms laws specifically address firearms that are not claimed I would error on the side of assuming Paul is correct..

[Maksim 1,504]

I do not know that "tax law" and "firearm law" follow the same exceptions.. the law you are quoting deals with finance.. while the firearms laws deal with the legal means in which you may acquire them.. I do not believe they are one in the same?

 

you appear to be talking in terms of finance..

where Paul appears to be discussing legal means of firearms transfer..

 

unless NJ firearms laws specifically address firearms that are not claimed I would error on the side of assuming Paul is correct..

 

 

Did you bother to read the article?

 

You can disclaim any property. Cars, homes etc. yes, including guns. Firearms have additional rules, however it is still an item. =)

 

Please just dont post if you do not know.

[Guest Damagedworld]

Did you bother to read the article?

 

no.. I read the part you posted.. because I assumed that it was the part you felt was relevant.. but the article is not %100 clear as to if the firearms need to be transferred from the original recipient to the "next in line"

 

You can disclaim any property. Cars, homes etc. yes, including guns. Firearms have additional rules, however it is still an item. =)

 

well isn't that the point of this entire discussion.. to figure out what those additional rules are.. he KNOWS he can get the guns.. he is trying to figure out HOW.. and the article does not appear to be %100 clear on the issue..

 

Please just dont post if you do not know.

 

so then you KNOW without question that the guns are just handed over to him? no paperwork needed? I am sorry I did not pick that up in the information you posted..

[coldsolderjoint 84]

thank you everyone.

 

my father did not leave a will (he was relatively young at the time of death) and he was legally married. the wife does not want to keep the guns at all and has talked about donating or giving away the guns, much to my dismay. I should be able to talk to her and keep a select number of guns. In this case, without a will, can there be a legal transfer from my father's estate to me?

 

Whatever you do, don't give them to the police to be destroyed.

 

Depending on where you are, the process for FPID and Pistol Permits isn't that bad.

 

And once again, We are all very sorry for your loss.

[Maksim 1,504]

Please Read the article then.

 

It all matters, and if you dont know, or if you are not an estate attorney, estate planner, an FFL, a judge that deals with estates, or someone that went through this situation.... please dont post.

 

With his mom disclaiming the property, he can receive all the guns. He still needs an FID because he was not explicitly named in the will, however by getting the firearms in inheritance, he can apply for the exemption, and get them all at the same time.

[savageshooter 10]

Sorry for you loss. I just went through this with my Dad, and wound up doing a transfer. To add to the complexity of the situation, Dad lived in Florida which created another issue which was state to state. There was no will and his wife got everything. She called me and said that she wanted me to have his NYPD Service Revolver. I explored every legal area I could think of to get it to me without using a permit, but there wasn't one. I flew down there last week and set up a transfer and it arrived at the dealer soon after.

 

Do yourself a favor and get the FID and apply for some permits. You may want to take the gun to the range and it would be a good idea to have a permit for it should you get pulled over.

[PeteF 1,044]

Maks make some good points but this is NJ so everything is open to judgement. If you value your fathers guns, I would get in touch with a lawyer who deals with firearms. For a couple of hundred bucks he should be able to walk you and your fathers wife, through the process legally.

[krak256 0]

thank you all for the sound advice and condolences. i will try to ask her to disclaim the guns, put it in writing, and will work on getting a FID and permits. in the meantime, can someone with a FID hold onto them for me? or can I hold on to them? or does his wife have to?

[Malsua 1,422]

thank you all for the sound advice and condolences. i will try to ask her to disclaim the guns, put it in writing, and will work on getting a FID and permits. in the meantime, can someone with a FID hold onto them for me? or can I hold on to them? or does his wife have to?

 

Legally, his wife has to.

 

If you had someone else transfer them into their name with the purpose of them going to you, that would legally be a straw purchase and consequently, very illegal.

 

If you were in a sane state, you would take all the guns, put them into a closet and deal with any paperwork issues before you shot them. That wouldn't be legal in NJ, but it would be a very reasonable course of action to reasonable people.

[coldsolderjoint 84]

Please see next post in line.

[PK90 3,573]

Prohibited or not, it does not matter.

[krak256 0]

thanks so much. im in the process of getting my FID. for some reason Paramus outsourced their fingerprinting to a third party... in which i have to wait 2 weeks until they have an appointment. is there another way i can get fingerprinted sooner? i think im going to contact the PD tomorrow and ask. my fathers wife has already started the selling process.

[Maksim 1,504]

Krak,

 

No. All of the townships are now outsourcing to SagemMorpho to do electronic printing. the good thing about it... you do it once and that is it.

[krak256 0]

ah i see. thanks for the clarification maksim.

[deni 16]

thanks so much. im in the process of getting my FID. for some reason Paramus outsourced their fingerprinting to a third party... in which i have to wait 2 weeks until they have an appointment. is there another way i can get fingerprinted sooner? i think im going to contact the PD tomorrow and ask. my fathers wife has already started the selling process.

 

i hope you applied for pistol permits as well if you're looking to transfer over the handguns from your mother