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Inherited Weapons

Discussion in 'General Firearm Discussion' started by teflon97239, Mar 20, 2014.

  1. teflon97239

    teflon97239 Portland, OR Well-Known Member

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    A friend asked me for some advice today and, for one rare moment, I wasn't sure how to answer. Here's the scenario:

    Assume this all takes place in Oregon...

    An older fellow dies, leaving a few dozen weapons to his widow. Revolvers and lever guns (nothing NFA). Now a couple of the (adult) kids are squabbling over who gets what. Seems to me they're all the widow's guns to keep, sell or give to anyone she sees fit. Yes?

    Given how the collection was assembled over the years, I'm guessing that most were private transactions. But even if some/all were acquired through dealers with background checks, they're still her property to dispose of any way she likes. Is she required to report anything to anyone? I don't think so, but I'm not a lawyer either.

    My friend will call some FFL guys tomorrow and some other people who should steer him right. I advised him not to mistake my opinion for legal advice. I suspect, though, that as long as no state lines are crossed, it's all adults, and no felons are involved, this is no different than her selling or gifting a bicycle.

    Yes? No? Perhaps?
  2. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    There is NO registration either Federally or in OR.

    The firearms are the legal property of the widow unless there was a Will stating otherwise. She can do with them as she chooses. It does not matter where the firearms were acquired assuming they are all legal (as you state).

    As for disposing of them she can do with them as she chooses as long as she follows the law, https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons
  3. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    <Why there aren't any school shootings in Israel!

    And in WA, where handgun sales at an FFL have to be reported to the gov. and no registry is kept (Yah, right.....) there is no requirement to report private sales.

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  4. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Correct, I can sell it any time with no permission, no paperwork, no hassle, no record. They have NO proof that other then the moment I bought the gun that I still have it. Hard to be registered if that is the case.

    If we want to continue this discussion we should start a new thread.
  5. xlsbob

    xlsbob coos county Platinum Supporter Platinum Supporter

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    Unless there was a specific bequest to someone it would seem the wife would be the sole owner. No reason to involve anyone outside the family .
    Nwcid and pokerace like this.
  6. Capn Jack

    Capn Jack Wet-Stern Washington Bronze Supporter Bronze Supporter

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    Cosmoline and take 'em with me.....:eek:


    OOPS !! Forgot, they would probably melt....:(
  7. The Heretic

    The Heretic Oregon Well-Known Member

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    Been through this - without the squabbling. The firearms go to the estate, and generally if there is a surviving spouse, then the spouse gets possession of the estate unless there are specific written arrangements otherwise. Verbal doesn't count.

    In many states, unless the value is above a certain amount ($6M in Oregon IIRC?) then there is little legal work to do.

    So yes, the surviving spouse owns the firearms.

    Kids squabbling over an estate is why everyone should have a will, a living trust, and estate planning setup by a lawyer. The more there is, the more important this is, but even for something as minor as who gets a Barbie doll it can save a lot of hassle.

    If the person who gets a possession doesn't want it, then they can just gift it to someone who does, or not.

    Also, I recommend that the person who is setting up the estate, make it clear to any beneficiaries what the setup is. This would preclude any surprises, which often lead to problems.

    FWIW, I inherited my fathers firearms, all of them. Any of them that my siblings wanted I allowed them to take. One took three (he already had one), one who didn't have any eventually asked for one which I gave gladly. I sold/traded some of the others (many of them were gifts by me to my father), a few with a history I kept, and a couple I gave to my son-in-law.