Advice about Inheritance and Divorce

[johnoutdoors 10]

I know this is not legal advice, but you all seem to know so much about NJ gun law... Here it is to the best of my knowledge:

 

A friend's wife's sister is getting divorced from a LEO. Her father died in Florida some years ago and she (or her husband) took possesion of his pistol. When LEO moved out, he took all of the guns, including the father's pistol. She told LEO that she wanted it back and he has apparently agreed. She does not have a safe and has asked my friend to keep it in his safe.

 

He asked me what I thought and I don't know if I would want to be on the receiving end of such a transaction. Is it legal for her to have it? Could she transfer it to him via P2P? I do not know what if anything the will stipulated. Her mother is still alive and I would imagine that the mother is the legal owner, and as such, the mother would be the one who would have to transfer it to my friend via P2P and FFL. With all of the variables of different states, death, divorce, and NJ laws, I told him to ask an attorney, but its interesting enough to me to ask you all, do I have it close to right? What would you tell your friend were he in a similar situation?

[PK90 3,570]

Sounds like it belongs to mom. Is she still in FL? The item must go thru a FFL in the next possessor's state if different than mom, whoever that will be.

[Drew 4]

Well im not a lawyer, but my short answer is absolutely not. He should not take possession of the firearm. There are a number of questions here that would need to be answered to even determine who legally owns the handgun. In that situation play it safe and and say sorry cant help you or if you feel that bad about it loan them your safe not the other way around

 

So if the the father had no will or everything was left to the mother, then it is her firearm. If the firearm was left to the daughter in the will then it is her firearm. Neither mother or daughter needs a firearm id card or ppp to inherit a handgun.

 

I'm not that familiar with P2P transfer portion of the law, so I cant comment on that.

[johnoutdoors 10]

PK90-yes mom is still in FL, Drew-I don't know if there even was a will. Assuming there wasn't or that mom was the sole beneficiary, and mom is the proper owner, am I right that neither husband or wife should have it in NJ? Would the best course of action be to have her get her FID and a P2P and have her mother transfer it to her via FFL? How would that work? Could the wife just carry it into a FFL with the paperwork, or would it have to somehow be shipped up from FL? If so, how would it get back to FL? I know Im asking a ton of hypotheticals, but not only is it relevant to my friend's situation, I find the gun laws in NJ better than the NY Times crossword puzzle. I guess the first order of business for him is to go out and find a safe for her.

[JackDaWack 2,895]

PK90-yes mom is still in FL, Drew-I don't know if there even was a will. Assuming there wasn't or that mom was the sole beneficiary, and mom is the proper owner, am I right that neither husband or wife should have it in NJ? Would the best course of action be to have her get her FID and a P2P and have her mother transfer it to her via FFL? How would that work? Could the wife just carry it into a FFL with the paperwork, or would it have to somehow be shipped up from FL? If so, how would it get back to FL? I know Im asking a ton of hypotheticals, but not only is it relevant to my friend's situation, I find the gun laws in NJ better than the NY Times crossword puzzle. I guess the first order of business for him is to go out and find a safe for her.

First order of business should be to find the legal owner of the gun. If the father didn't specify in his will who gets the gun, then it goes to the mother. First order of business, get the gun back to her. If your friend wants the pistol, the ONLY course of action is to get an FPID and Pistol purchase permits and transfer through an FFL.

 

The law is pretty clear about this. You either get permits to transfers handguns or have one willed to you, no other way. Any other way is illegal. Out of state transfers must go through an FFL. The owner must ship the pistol to NJ FFL or personally accompany it.

She is in a very tricky situation right now if anyone questions the legality of that pistol, Maybe have her Former LEO husband look into it??? or is that a NoNo? he could store the pistol at his PD until she gets the proper paperwork if the mom doesn't want it.

 

I must say, this LEO is already a piece of work for either not caring about the gun or being completely oblivious to the situation.

[halbautomatisch 60]

If it is determined that mom owns the handgun, the easiest thing to do would be for her to personally deliver it to a NJ FFL on her next visit up here and transfer it to the daughter with a PPP. It's probably best for the daughter to invest in a safe of her own and not store it in someone else's house.

[johnoutdoors 10]

First order of business should be to find the legal owner of the gun.

I must say, this LEO is already a piece of work for either not caring about the gun or being completely oblivious to the situation.

 

Both points well taken. The more I talk to him about the situation, the more it seems like he should run away like his hair was on fire. The more I think about it and the more input from you guys, the more pitfalls this situation has. Thanks for all of your help and insight. I told him originally to talk to a lawyer and he told me today that he had passed on holding it for her and told her to ask her divorce lawyer about it.

[savageshooter 10]

I went through this....twice. Dad passed away while living in Florida and left no will. His wife got everything. She calls me about a year later saying that she wanted me to have his NYPD Service Revolver. I researched the law and found that the only way for me to take possession of it was to go through an FFL, since the gun was not willed to me. So I did.

 

Second time: I went to visit her in Florida a few months ago. She hands me his Colt Detective Special while I was down there and said she wants me to have that as well. We're off to the FFL down there to send it to my FFL up here. Good thing I had a valid permit at the time.

 

One FFL I talked to up here said that she really didn't have to send it to NJ from an FFL down there, she could have just mailed it to a FFL up here, saving the shipping ($75 overnight) and Florida FFL transfer fee. That may be an option, but I would absolutely look into the law in that regard and also contact your NJ FFL before considering that approach.