Passing firearms on

[GuyBMeredith]

Is there any collected information useful to average folk regarding transferring firearms via a will? What are the ins and outs of who may have possession and under what circumstances?

Example. We are designating a professional personal rep to carry out the dictates of our wills. I have some firearms to pass on. Does the PR need to have a background check to deal with the firearms in the process of transferring property per wishes in the will? Is she going to be violating the law in having control of my safe and firearms?

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[The Heretic]

Currently, in Oregon, if it is "immediate family" (ORS 166.435 - Firearm transfers by unlicensed persons - 2017 Oregon Revised Statutes) then no BGC is necessary.

ORS 166.435 - Firearm transfers by unlicensed persons - 2017 Oregon Revised Statutes also has some mention about inherited firearms.

I think it is similar for WA state.

For federal:

To whom may an unlicensed person transfer firearms under the GCA? | Bureau of Alcohol, Tobacco, Firearms and Explosives

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

We did an interstate transfer for my father's firearms.

If possible, it is best to do firearms transfers before death - it is cleaner (if within family and within the state) and keeps it out the will/etc.

 

[slimmer13]

How about a trust?

 

[GuyBMeredith]

Heretic, thank you. Good information and I think it answers our question.

Slim, we don't have a complicated enough situation outside the firearms to need a trust or the cost of putting one together. If we are still around in about 10 years that may change, but for now a will fits our needs.

 

[USMC1911]

A trust removes the probate portion so could be cheaper in the long run.

 

[The Heretic]

Personally, I am going to have a living trust for ALL of my assets to go to my daughter.

On my list of things to do - every time I think about it (then promptly forget ).

I am hoping I don't have to mention every little thing (like my SIGs, or my S&W revolvers, etc.). I can imagine that I may have to list the large assets in the trust - like real estate holdings - but things that can be loaded in a car? I don't think so.

For my father, I kept most of the firearms, many of which were gifts from me, but those that weren't gifts from me, if one of my brothers wanted the gun, they got it. Still goes now over a decade later.

That said, I have personally witnessed other instances where families were torn apart over stupid stuff because of estates. It is probably better to have it in writing and one or more trusted persons in charge of the estate. For my father it was my mother, for my mother it was my younger brother, and we had no problems.

 

[GuyBMeredith]

We don't have anyone to leave the estate to. Better the costs come in after our walking on rather than up front.

In our case, our daughter has walked out of our lives. Seems I don't conform to PC or some such. It was her choice and the door is always open. If we reconnect and we can be comfortable that the grandsons have not been become part of the group think society or on drugs, we may revisit doing a trust.

I have the word that most family is not interested in inheriting things and most are not suitable homes for firearms. One nephew has expressed interest, but he is probably not lacking much already and I'd prefer most go on to see regular use in competition or some such rather than sitting in a safe.

 

[USMC1911]

Well if you ever looking to adopt I am available. Wish you all the best.

 

[SOrez]

I am just going to give my grandkids my guns before I die.

 

[Kruel J]

Leave them all to me. I'll make sure they are tucked in properly every night with a glass of warm solvent to ensure good sleep.

 

[ZigZagZeke]

How about a trust?

I have a gun trust with my wife as a co-trustee and the beneficiary is my 4 yo daughter. Mainly, this is for my ARs and any NFA items I might pick up along the way. There will be no transfer hassles for any of those items.

 

[The Heretic]

I am just going to give my grandkids my guns before I die.

If there is one thing I have learned in the past decade or so, it is that many people do not know when they are going to die. Both of my parents died unexpectedly. Granted, we knew they were going to die within a year or two - but my brother just had a heart attack, I had heart problems last year, a couple of months ago someone slammed into my car really hard, and just a week ago I tripped and fell onto some hot coals in a slash pile and burned my arm real good.

Stuff happens.

 

[USMC1911]

If there is one thing I have learned in the past decade or so, it is that many people do not know when they are going to die. Both of my parents died unexpectedly. Granted, we knew they were going to die within a year or two - but my brother just had a heart attack, I had heart problems last year, a couple of months ago someone slammed into my car really hard, and just a week ago I tripped and fell onto some hot coals in a slash pile and burned my arm real good.

Stuff happens.

Yup stuff happens, sometime crazy stuff. My old man survived Vietnam, cancer, a heart attack but yet was hit by a car and killed on the sidewalk in Cabo while on vacation. Get your affairs in order and live your life as ya neven know when it could be your turn.

 

[Wayne]

Also, if the person inheriting a hand gun in Wa, they have 60 days to report it to Wa DOL. (a little 2 line part of I 594)

 

[The Heretic]

Also, if the person inheriting a hand gun in Wa, they have 60 days to report it to Wa DOL. (a little 2 line part of I 594)

Just before I die, I will make sure all of my guns get lost in a tragic boating accident.

Seriously - it's in my will.

 

[flydipper]

Also, if the person inheriting a hand gun in Wa, they have 60 days to report it to Wa DOL. (a little 2 line part of I 594)

This, do your heirs a favor and gift them prior or at least make sure that they know they got them prior to the untimely event none of my firearms will be mentioned in my will they will have all been gifted prior to.

 

[Hawaiian]

A few years ago when the OR legislature was trying to ban AR's and any transfer of the currently owned ones, I made a list of all of my firearms with ser #'s gifting them in writing to my adult son. I dated it and tucked it away. He knows where the document is and will have proof of the gift/transfer prior to any changes in the law or my demise.

 

[flydipper]

A few years ago when the OR legislature was trying to ban AR's and any transfer of the currently owned ones, I made a list of all of my firearms with ser #'s gifting them in writing to my adult son. I dated it and tucked it away. He knows where the document is and will have proof of the gift/transfer prior to any changes in the law or my demise.

I had mine notarized!

 

[Member 52301]

My MT husband and I are gifting firearms while we are still ALIVE.

A sweet rifle was sent out (MT FFL) to another state's FFL on Monday to a dear friend.

My entire estate goes to my MT husband. Vice versa.

The firearms are in the wills. They have been in there since we got married.

We have a prenuptial agreement too. Our guns were listed in that agreement and when things were sold or gifted... we made note of it.

We always update our firearms list with a date too.

I never had any children with my late husband.

My MT husband already gave his gifts to his family long, long ago.

I plan on keeping my one main firearm, a rifle. When and IF I can't handle my CZ 455 Lux bolt action rifle (22lr) - I will give it to my husband and he can keep it, sell it or gift it even if I am still alive.

The 2 Savage Rascal rifles are most likely being sold or gifted.

Once I give someone a gift, it BELONGS to them and they can keep it if they love it and if they change their mind... they can do whatever they choose to do with it.

Gifts, sales and what is left in ANYTHING ELSE including firearms are in our wills.

Cate