So I been reading through the forms on the Inheritance law of our state and am still a little confused. My good friends father passed away 6 years ago. He had a very large gun collection ( retired Paterson cop ). probably 25 to 30 rifles and shotguns and around 8 pistols. My friend now wants to start shooting some of the guns since that's all I talk about these days. Hes worried though if he where to run into a prob with the police ( We shoot on our own property so they show up sometimes ) they would confiscate his collection. There was no will and he has two older sisters. Is he the one who legally inherits the guns? And what about the pistols? I'm pushing him to get his FID card and when he does sell me some guns

Was his father married at the time of his death? If so, the wife is the inheritor.

 

If not, it would be split among the kids, if the estate determined that he gets the guns, they're his.

 

He should get a Purchaser ID to prove he's not a prohibited person, but it's not required, specially at home.

 

Finally, he doesn't need a purchaser ID to sell you guns.

Tell him to post some of those guns on our Marketplace as well if he's down to sell them, I'm sure some of us would be intrigued on what is in the collection.

Was his father married at the time of his death? If so, the wife is the inheritor.

 

If not, it would be split among the kids, if the estate determined that he gets the guns, they're his.

 

He should get a Purchaser ID to prove he's not a prohibited person, but it's not required, specially at home.

 

Finally, he doesn't need a purchaser ID to sell you guns.

 

 

Correctamundo!!! Fill out a COE and put a N/A in the ID# spot and good to go...

He was married but his mom contracted Alzheimer two years ago and is in a retirement home. Well that's really good news. Now maybe he wont be so paranoid to shoot the guns and he can sell them now! Ill let him know about the forum if he wants to sell any. Defiantly some very expensive shotguns in there. All engraved and in nice glass cases.

He was married but his mom contracted Alzheimer two years ago and is in a retirement home. Well that's really good news. Now maybe he wont be so paranoid to shoot the guns and he can sell them now! Ill let him know about the forum if he wants to sell any. Defiantly some very expensive shotguns in there. All engraved and in nice glass cases.

 

He should get his FID and all the guns must be transferred to him from his mother, including pistol permits for each handgun.

I don't want to sound morbid, but if his Mom is alive, his mother is the legal owner of those firearms if there was no will involved. The law gets complicated from here, as for him to take the gun from the property, it would have to involve a temporary transfer from his mother to him. Heck under NJ law even the Mom temporarily transferring the gun to him may not be legal if he does not have an FID card.

 

The only thing he can do to take possession of the guns is to get his own FID card, and the mother gift the guns to him and filling out a COE for each gun. Its easy to do, and sure beats getting in trouble, and/or having the guns taken away.

 

I'm not a lawyer, but this is my understanding of how it has to take place.

well that just made things complicated. She definitely dosen't have a fid card and is not all there in the head. How would she apply for an FID card or pistol permits? I don't think a police department would issue her a fid card or pp's now.

Ohhh ok. she wouldn't need and FID card since she legally owns the guns. Sooo confusing

She doesn't need one. She just needs to sign the COE forms. Only your friend who wants to take possession of the gun collection.

 

After your friend gets the FID card, fill this form out for each gun. Have the mom sign it. edit : correction , there is no field for a FID for the seller. Only the transferee (your friend)

 

form: http://www.state.nj....arms/sp-634.pdf

Thanks! That clears things up for the rifles and shotguns. But now what for the pistols. Is he gonna have to apply for a pistol permit for everyone? That's gonna take awhile.

She doesn't need one. She just needs to sign the COE forms. Only your friend who wants to take possession of the gun collection.

 

After your friend gets the FID card, fill this form out for each gun. Have the mom sign it. edit : correction , there is no field for a FID for the seller. Only the transferee (your friend)

 

form: http://www.state.nj....arms/sp-634.pdf

 

Correct. Also, each pistol must be transferred on a Pistol Purchase Permit. Your friend should file for the One Gun a Month exemption when he applies for the permits, in order to transfer them all at one time.

He should get his FID and all the guns must be transferred to him from his mother, including pistol permits for each handgun.

 

Yes, dad died 6 years ago, mom gets sick in 2, mom owns the guns. I would think that if someone has her power of attorney they would be the person to disburse them.

Thanks guys. ill let him know and tell him to get on that FID

FYI, you can apply for all the pistol permits at the same time, u don't have to fill out separate applications for each. Also remember to get the one gun a month exception as another poster pointed out.

Wow so get this. My friend is his moms power of attorney. So I guess he will be signing his name twice on the COE. I wonder if that's gonna raise some eyebrows

Wow so get this. My friend is his moms power of attorney. So I guess he will be signing his name twice on the COE. I wonder if that's gonna raise some eyebrows

 

It will only be an issue on the Pistol Permits. He should speak to a detective about the entire situation when he applies for his PP and OGAM extension and explain that he also has Power of Attorney.

 

You don't want any surprises at the PD.

I think having power of attorney allows him to do whatever he wants with the rifles and guns. He might be able to just draft a letter and have it notarized stating that he is taking possession of the firearms and it is now his property. I dont think it even has to be registered.

 

13:54-1.13 Firearms passing to heirs or legatees

 

(a) Notwithstanding the provisions of this subchapter concerning the acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm, upon the death of its owner. 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.

I think having power of attorney allows him to do whatever he wants with the rifles and guns. He might be able to just draft a letter and have it notarized stating that he is taking possession of the firearms and it is now his property. I dont think it even has to be registered.

 

13:54-1.13 Firearms passing to heirs or legatees

 

(a) Notwithstanding the provisions of this subchapter concerning the acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card shall not be required of an heir or legatee for the passing of a firearm, upon the death of its owner. 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.

 

In the meantime he can transfer all of them to me for safekeeping...