hey guys. a friend is set to inherit a few guns. mostly long guns, but at least a single pistol. he was on the phone with me asking how to go about it. i just did a search, and found this......

 

N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees

 

 (a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or

acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card

shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or

legatee, whether the same be by testamentary bequest or by the laws of intestacy. 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.

 (b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of

the firearm for the purpose of sale for a period of 180 days, which period may be extended by the

chief of police or the Superintendent. During such period the firearm must be placed in the custody

of the chief of police or Superintendent.

 © In the case of assault firearms or machine guns disposition shall be in accordance with

N.J.A.C. 13:54-5.

 

 so.....is this still current? i'd told him that i thought he had to fill out COE's with the executor of the will, and probably get a p2p for the handguns. did i lie to him?

 

 thanks!

if they are in a will naming him, he can legally take possession of them, as long as he is eligible to own a firearm. He does not need a FID or pistol permit under these circumstances as long as he takes them in his possession directly & they do not get shipped. If they are to be shipped from a ffl to a ffl, then he must have a FID & pistol permit and would need to follow all NJ laws

No you did not.  Long guns can go on a COE no FID by the seller required.  Handguns need a P2P however. If he is named in the will as the recipient then no paperwork is required.

thanks guys........his sister is the executor(exectrix?) of the will. the person leaving them to him named him as the recipient. lived in state. he can go and directly take possession of them. but she's being a bit of a noodge about it. she told him that she won't release any of them to him without going and registering them all by the law. it sounds like things have deteriorated a bit, 'cause he's not even gonna contact her directly, but rather have his lawyer contact the lawyer she's using for this.

 

No you did not.  Long guns can go on a COE no FID by the seller required.  Handguns need a P2P however. If he is named in the will as the recipient then no paperwork is required.

 

 hey guys. a friend is set to inherit a few guns. mostly long guns, but at least a single pistol. he was on the phone with me asking how to go about it. i just did a search, and found this......

 

N.J.A.C. 13:54-1.13 Firearms passing to heirs or legatees

 

 (a) Notwithstanding the provisions of this subchapter concerning the transfer, receipt or

acquisition of a firearm, a permit to purchase a handgun or a firearms purchaser identification card

shall not be required for the passing of a firearm upon the death of an owner thereof to their heir or

legatee, whether the same be by testamentary bequest or by the laws of intestacy. 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.

 (b) If an heir or legatee is not qualified to acquire a firearm, he or she may retain ownership of

the firearm for the purpose of sale for a period of 180 days, which period may be extended by the

chief of police or the Superintendent. During such period the firearm must be placed in the custody

of the chief of police or Superintendent.

 © In the case of assault firearms or machine guns disposition shall be in accordance with

N.J.A.C. 13:54-5.

 

 so.....is this still current? i'd told him that i thought he had to fill out COE's with the executor of the will, and probably get a p2p for the handguns. did i lie to him?

 

 thanks!

 

NAMED IN THE WILL MEANS NO PAPERWORK!

 

IF A PROHIBITED PERSON IS NAMED IN THE WILL, THE PROHIBITED PERSON STILL OWNS THE GUN (it's real property) AND HAS 180 DAYS TO DISPOSE OF IT (a simple consignment at a brick and mortar FFL will suffice, with the CLEO's nod).

 

Everybody put your thinking caps on.  Do any of you have ANY idea how many 1911's and Luger's reside w/o ANY paperwork since brought back from WW2 and Korea?  And then these completely legal and paperless hand guns get passed-down through wills and estates!

 

The ONLY time any paperwork is needed is if the Estate (Executor/Executrix) sells/ transfers/gives/assigns said real property to a person who isn't named in the will as being the beneficiary of said real property.  THIS is what NO MANDATORY REGISTRATION is all about!  So please just enjoy your freedoms and don't make any more law where it isn't needed, lol!

 

Dave

Attorney in Fact

Once again, Dave nails it!  Just reading about this in Nappen's book.  A common pitfall is for someone to leave firearms to his or her spouse, to be

distributed to their kids.  In that case, appropriate paperwork is required, including P2P's for handguns.  So it is important that firearms be designated

to pass directly to their intended heirs, to avoid the need for NJ's complicated paperwork.

Once again, Dave nails it!  Just reading about this in Nappen's book.  A common pitfall is for someone to leave firearms to his or her spouse, to be

distributed to their kids.  In that case, appropriate paperwork is required, including P2P's for handguns.  So it is important that firearms be designated

to pass directly to their intended heirs, to avoid the need for NJ's complicated paperwork.

 

Unless the heirs are underage...

A side question regarding possesion by a surviving spouse:

 

If the deceased didn't leave a will, is the surving spouse  the legal owner of the firearms? 

 

Can the surving spouse just take possession of the firearms without any paper work?

 

 

NAMED IN THE WILL MEANS NO PAPERWORK!

 

IF A PROHIBITED PERSON IS NAMED IN THE WILL, THE PROHIBITED PERSON STILL OWNS THE GUN (it's real property) AND HAS 180 DAYS TO DISPOSE OF IT (a simple consignment at a brick and mortar FFL will suffice, with the CLEO's nod).

 

Everybody put your thinking caps on.  Do any of you have ANY idea how many 1911's and Luger's reside w/o ANY paperwork since brought back from WW2 and Korea?  And then these completely legal and paperless hand guns get passed-down through wills and estates!

 

The ONLY time any paperwork is needed is if the Estate (Executor/Executrix) sells/ transfers/gives/assigns said real property to a person who isn't named in the will as being the beneficiary of said real property.  THIS is what NO MANDATORY REGISTRATION is all about!  So please just enjoy your freedoms and don't make any more law where it isn't needed, lol!

 

Dave

Attorney in Fact

thanks man!

 

 i just hung up with him, relaying this information to him. i also had him write down the njac code, so that it could simply things for him. it sounds like he stands to gain a couple collectible guns. lucky bastard.

Unless the heirs are underage...

^^^^^Yes, of course.  But there are several remedies for this situation as well:

 

Long term storage (at a commercial or well-known entity) until an Heir reaches 18 yrs for long guns and/or 21 yrs for hand guns (with approval of the CLEO of the Heir).  Think of garaging a 'Cuda w/ a 426 Hemi until the kid gets a license and turns 18 so he's of legal age to own a motor vehicle.

 

Transfer to the Parent/Guardian of said Heir (but papers would be required) until such time as Heir is of legal age to assume ownership.

 

Estate can cause a SALE to take place at fair market value and then transfer all receipts from said sale to the named Heir.

 

All three of those (and there may be more) are legal ways for an Estate to handle said transfer of real property.  

A side question regarding possesion by a surviving spouse:

 

If the deceased didn't leave a will, is the surving spouse the legal owner of the firearms?

 

Can the surving spouse just take possession of the firearms without any paper work?

If spouse is not a prohibited person, then yes. No paperwork or third parties required.

A side question regarding possesion by a surviving spouse:

 

If the deceased didn't leave a will, is the surving spouse  the legal owner of the firearms? 

 

Can the surving spouse just take possession of the firearms without any paper work?

 

It depends - is the surviving spouse the heir apparent?  As this is "law" the answer depends on each specific situation.

It depends - is the surviving spouse the heir apparent?  As this is "law" the answer depends on each specific situation.

Right YOU are my friend, lol!  NJ doesn't say "your last spouse before you croak".  Common-law marriage aside, if one was married to several throughout their life, the state would assume the last legal spouse gets the entire enchalata.  Things can really get sticky when a live-in "friend" is thrown-out by an estranged spouse.  If you're "living with someone" and never divorced your estranged spouse, the estranged spouse gets to call the shots, right down to deciding where to bury you (if it's not in the will ya didn't make, lol) and what to do with all of your STUFF (real property, i.e.:  GUNS!).  I've witnessed it first-hand because it happened to a friend and fellow shooter.  He never made a will.  He never divorced his wife.  He had an apartment building left to him by his parents.  The estranged spouse that he never bothered to divorce GOT IT ALL!  Including the guns!  And the explosives!

It depends - is the surviving spouse the heir apparent?  As this is "law" the answer depends on each specific situation.

Yes as there's no living in girl/boy friend and the couple was legally married at the time of death.

I need to name somebody for my guns in my will. Good info here. Im taking bribes

shit.....that just made me think. i'm single no kids. might not be single by the time my time comes, but i ain't gonna have any kids. as of right now, i got no one to leave my stuff too....unless i go before mom...then it all goes to her. if not, then there's only my brother....and while i love him to death....he's a moron and a true asshammer. i wouldn't leave him a peashooter, much less my garand........

I need to name somebody for my guns in my will. Good info here. Im taking bribes

You better or else they'll be a stampede over the Bayonne Bridge to come and take them!  After-all, we all know some guys who know some guys who "collect things" for other folks, lol!

 

If you need my address or social, just send me a PM, lol!

 

Dave

I need to name somebody for my guns in my will. Good info here. Im taking bribes

Hmm, could someone legally pay you now for your guns when you die? There should be an online exchange for older shooters. Lol

In all seriousness i want to split them up and leave them to my 3 kids. Hopefully they are old enough. If not maybe they can be left in a trust until they are old enough

shit.....that just made me think. i'm single no kids. might not be single by the time my time comes, but i ain't gonna have any kids. as of right now, i got no one to leave my stuff too....unless i go before mom...then it all goes to her. if not, then there's only my brother....and while i love him to death....he's a moron and a true asshammer. i wouldn't leave him a peashooter, much less my garand........

Dear 1LtCAP,

My name is 2LtCAP and I live in NJ. My uncle recently passed away but not before mentioning you as my long lost cousin. Although time separated us through so many years, I am sure you will be delighted to meet me.

 

PS: I am into firearms too, if you are wondering.

 

Looking forward to inheriting all your firearms,

 

With Love,

Your Cousin,

2LtCAP

PM pending. Ha, ha, ha!

Dear 1LtCAP,

My name is 2LtCAP and I live in NJ. My uncle recently passed away but not before mentioning you as my long lost cousin. Although time separated us through so many years, I am sure you will be delighted to meet me.

 

PS: I am into firearms too, if you are wondering.

 

Looking forward to inheriting all your firearms,

 

With Love,

Your Cousin,

2LtCAP

This is similar to a classical 419 but you're missing some of the best parts like where u send a cashiers check now for 3x the amount...

This is similar to a classical 419 but you're missing some of the best parts like where u send a cashiers check now for 3x the amount...

There are things money can'tbuy, but for evereverything else .... you know :-)

 

Seriously though, the OP question and relevant response should probably go into FAQ. Good info.

i honestly got a helluva laugh out of the last few responses, lolololololol

i honestly got a helluva laugh out of the last few responses, lolololololol

That's why I started the ball rollin' with BLF, lol!  All of these somewhat confusing laws are a very "dry read" if ya know what I mean.  Even I get tired of being stoic about them.