Inheritance Situation

[stevie11 0]

Hey everyone,

 

My great uncle recently passed away and left all of his firearms to his great nieces and nephews (a SW revolver to me). It is in my uncle's possession currently in Virginia and I need to get it legally shipped up to me; I just wanted to make sure I have all my ducks in a row.

 

My understanding is that I will need to apply for my FID and handgun purchase permit and arrange for the transfer to occur between two FFL dealers (my uncle is handling everything on the VA side.) Is there anything I am leaving out or anything else I should be looking into?

 

Thanks!

[PK90 3,569]

If you are named in the will as an heir to that firearm, then you need to do nothing. No dealers needed. Direct shipment to your door. That is Federal law. If you are not named in the will, then the next of kin is the owner. The transfer must go through a NJ dealer only.!

 

 

Sent from my DROID4

[stevie11 0]

If you are named in the will as an heir to that firearm, then you need to do nothing. No dealers needed. Direct shipment to your door. That is Federal law. If you are not named in the will, then the next of kin is the owner. The transfer must go through a NJ dealer only.!

 

 

Sent from my DROID4

 

Hm, I don't think I was specifically named in the will as heir to the specific revolver. I believe it was just stated that the great nieces/nephews can have the firearms that they wanted (at least that's what my uncle told me). How exactly would I do this then? Would he ship it to the FFL to handle the transfer? Do we need any specific documentation? Not sure what kind of paper trail needs to happen to keep it all legal.

 

I would imagine that I would still need the FID and purchase permit before I receive the firearm, correct? Or do I not even need the purchase permit?

[PK90 3,569]

Absence of a will declaring the firearm going to you, the new owner (spouse?) needs to ship or take the handgun to a NJ dealer for transfer to you. You need a "Permit to Purchase a Handgun" and a Government issued photo ID to acquire it from said dealer.

[RIK 0]

I have a question ,if I am the executor of my parent's estate and there are no other surviving members of the family I assume that any guns in the estate are mine to do with as I wish. If I wish to keep and use them and assuming that they are handguns for which there are no proscriptions by character can I take them out of the house as to a range or to hunt or plink with or must I still obtain a COE,FPID or other form of permit ?

[johnp 45]

I believe if you inherit your parents estate, any and all firearms would go to you automatically, unless a will specified otherwise. If your father passed away and your mother wasn't alive to be the next in line they would go to you. You should inherit them meaning no FPID or permits are needed they simply transfer ownership.

 

I am NOT 100% on that, wait for PK90 to jump in here.

[RIK 0]

I have a question as to johnp's post : Is our law such that if one inherits a handgun and the handgun has no disqualifying features can the party who inherited it use it in all lawful manners such as transport and discharge without a FPID merely because it was obtained through operation of law or would the new owner need a FPID or another document to have more than mere possession ?

[Malsua 1,422]

I have a question as to johnp's post : Is our law such that if one inherits a handgun and the handgun has no disqualifying features can the party who inherited it use it in all lawful manners such as transport and discharge without a FPID merely because it was obtained through operation of law or would the new owner need a FPID or another document to have more than mere possession ?

 

Just a point of clarity. A firearms purchaser ID is exclusively for long guns. It confers no legality to handguns, aside from allowing you to purchase ammunition for handguns.

 

Unless you have a permit to carry a handgun, all handguns must be handled within the stated exemptions I.E. You may possess them at your Home, Range, Gunshop, Business you own or to hunt and to travel between those places.

[RIK 0]

Malsua,first ,thanks for your post and the information within. Please let me make sure I understand what you have said. Upon receiving a pistol via inheritance one can exercise all of the applicable exceptions to the otherwise mandated FPID and no registration of the firearm is required before such uses are undertaken (as taking the gun to fire at a range )? Pardon my being over precautious but,what little I know about NJ firearm laws has lead me to believe that NJ is unreasonable and the inheritance laws do seem reasonable,all things considered.

[Malsua 1,422]

Malsua,first ,thanks for your post and the information within. Please let me make sure I understand what you have said. Upon receiving a pistol via inheritance one can exercise all of the applicable exceptions to the otherwise mandated FPID and no registration of the firearm is required before such uses are undertaken (as taking the gun to fire at a range )? Pardon my being over precautious but,what little I know about NJ firearm laws has lead me to believe that NJ is unreasonable and the inheritance laws do seem reasonable,all things considered.

 

No registration is required.

Any handgun that you legally obtained must be maintained within the exemptions. Inheriting is legal. Obtaining a handgun legally while a resident of a different state is legal. For military, Obtaining a handgun while on a permanent duty station is legal.

The way the law works is that all possession of handguns is illegal, except within the stated exemptions.

They are as follows(summarized):

You may keep and carry a handgun at your residence, a range, a business you own, hunting, or at a gun smith. Obviously places that you don't own have rules against carry, but the statutes state that these areas are legal.

You may transport your handgun between these places as long as transportation is direct. Stopping for gas is ok, stopping for a sit down dinner probably isn't.

 

Essentially, if you inherit a handgun, it's yours. Go get it, take it home, go shoot it at a range, end of story. No other paperwork is required nor would any sane person suggest that you register it voluntarily.

 

A firearms purchaser ID card is for the purchase of long guns and the purchase of ammunition that can be used in handguns. A permit to purchase a pistol is simply for purchasing pistols.

Neither of these are firearms "owner" IDs. All they represent is the fact that you passed a background check at the date of issue, nothing more.

 

Will a cop on the side of the road give you leniency if you have a handgun outside of the exemptions and have a FPID? Maybe, probably not. Is it a good idea to have one? Yes, absolutely. It is not legally required nor is an FPID an affirmative defense once you stray outside of the stated exemptions.

 

Having a FPID will allow you to have a long gun outside of the exemptions. You can have an unloaded, properly transported firearm in your trunk and go to the mall, or whatever, completely legally. Is it smart? Probably not.