Bully 749 Posted January 12, 2013 Kinda random, kinda not. There's a reason I'm asking, I promise. Let's say you order a couple of guns on the interwebs. They show up at the FFL, paperwork gets done and faxed off to NICS. Approval comes back on saturday, late afternoon. You can't get there(he's closed sunday) and plan to show up monday morning, early, to git yo' shiznit. Sunday afternoon, the lone owner of the shop passes away. No partner. No employees. No spouse or heirs. What happens to your guns? C Quote Share this post Link to post Share on other sites
mipafox 438 Posted January 12, 2013 I'd call dibs on the 1911s, loaded mags, MREs, and his dry socks? Quote Share this post Link to post Share on other sites
Damjan 73 Posted January 12, 2013 Kinda random, kinda not. There's a reason I'm asking, I promise C Can you let us know if this is real and who is it if it is. Hope its not who i think it is. Saw an article with an FFL relating to blood cancers benefit/events foundation last year. Quote Share this post Link to post Share on other sites
M4BGRINGO 139 Posted January 12, 2013 That would be a bummer, especially for the dead guy. It is an issue to think about when using the "kitchen table" FFL's, a risk we take. No lawyers on here that I know of, but I would think that if the FFL has no heirs, then you will trully have a problem. The estate will go to Probate Court, I think, and you will need to notify the court that some of the items in the deceased "estate" belong to you. If you think waiting for PPP's or NICS is bad enough, imagine what THAT would be like. Again, the dead guy is probably more bummed-out than you. Quote Share this post Link to post Share on other sites
brocglock23 4 Posted January 12, 2013 Again, the dead guy is probably more bummed-out than you. Highly doubtful, not worrying about anything at that point Quote Share this post Link to post Share on other sites
PK90 3,570 Posted January 13, 2013 Even with employees and heirs, if no one else is listed on the license, the firearms are frozen. Another dealer must take possession in order to do any sales, with the permission of the executor. Quote Share this post Link to post Share on other sites
Ray Ray 3,566 Posted January 13, 2013 Okay, so who are we talking about? Seriously bro. Quote Share this post Link to post Share on other sites
Bully 749 Posted January 13, 2013 It was a question that came up. Not Rick. He's fine. Sounds like a legal nightmare to me. Anyone on here have more info to add to PK's post? C Quote Share this post Link to post Share on other sites
UnrestrictedEnthusiastInVA 0 Posted January 13, 2013 I read a story about this happening on r/guns. The person had no idea what happened to his gun being repaired after the owner passed away, and he reported it stolen after getting nowhere, and contacted the ATF. Within a few weeks the ATF got it back to him. Quote Share this post Link to post Share on other sites
Foyt20 0 Posted January 13, 2013 Kinda random, kinda not. There's a reason I'm asking, I promise. Let's say you order a couple of guns on the interwebs. They show up at the FFL, paperwork gets done and faxed off to NICS. Approval comes back on saturday, late afternoon. You can't get there(he's closed sunday) and plan to show up monday morning, early, to git yo' shiznit. Sunday afternoon, the lone owner of the shop passes away. No partner. No employees. No spouse or heirs. What happens to your guns? C Isint the ffl only allowed to contact NICS with you present? Sent from my Galaxy Nexus using Tapatalk 2 Quote Share this post Link to post Share on other sites
Jon 264 Posted January 13, 2013 Isint the ffl only allowed to contact NICS with you present? Sent from my Galaxy Nexus using Tapatalk 2 With the massive NICS backlog, FFLs are faxing the NICS check(with the customer present) but it is taking a few days for the authorization to be returned. Quote Share this post Link to post Share on other sites
Old School 611 Posted January 13, 2013 Even with employees and heirs, if no one else is listed on the license, the firearms are frozen. Another dealer must take possession in order to do any sales, with the permission of the executor. I the past year I saw a similar circumstance and it was as you describe Paul. It is important that you, the person who is to receive the firearm, has reasonable proof that they were to receive the firearm. Quote Share this post Link to post Share on other sites
sa12268 3 Posted January 14, 2013 I've purchased a few times this year and my FFL always calls in the NICS, communicates the info and gets approval right there. I think the delay in faxing NICS is simply because no one is checking the fax machine on the other end....... Quote Share this post Link to post Share on other sites
kman 56 Posted January 15, 2013 I was at a gun store in NJ last weekend, the dealers were talking about how backlogged the NJ State Police are in the firearms unit for NICS checks. They have one phone line for the fax machine, they've gone through several machines since gun sales have heated up - so many checks faxed they are literally wearing machines out. They are severely backlogged and are taking days to get back approvals. They are not using overtime to clear the backlog so people have to wait for days to get approval. Quote Share this post Link to post Share on other sites
kman 56 Posted January 15, 2013 By the way, regarding your question, your dealer's business won't just disappear. Everyone has heirs. If you have no children, no wife, no parents, no brothers and sisters, no cousins, etc., then the final heir is the State of New Jersey (or whatever state he is in). The state will appoint an executor to wind up affairs, make sure the business is square with Federal, State and local taxes, and wind up the business or sell the business to someone else. The state doesn't want to run a gun store, so it will probably look to sell the business or inventory to someone else who will take over. Keep your receipts as proof of payment and ownership of the gun. If this deceased dealer is in NJ, he has a NJ Dealer's license, were I you I would call the State Police, who issue the license, and see what they say, what they are doing. They might not even know. They ought to know. You might ultimately get the gun from the police after they secure his inventory. Quote Share this post Link to post Share on other sites