Transferring firearms from an estate

[DirtyBird]

I have a question related to transferring firearms from an estate. I did some searches, but didn't find anything. If this question has been answered before, please feel free to point me in the right direction.

A friend of our family passed away. I'd like to help his widow sell the firearms he owned. I know everything has to go through an FFL now, for the background check.

Here's what I can't figure out: Who needs to show up to transfer the firearm to the new owner? Can I bring a firearm to the gun store for my friend's widow, or does she have to show up to hand the firearm over?

I know the background check is on the buyer. But the law also states FFLs have to keep track of who the transferer is as well (ORS 166.427) and deliver that info to their local LEA each day.

Given that the original owner is no longer available, is it only bona fide next of kin that can do the transfer?

Thanks for any information anyone can provide.

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[jbett98]

Did the late owner purchase the firearms before the transfer law was enacted?

 

[DirtyBird]

Thanks JB. Some he did, some he didn't. Don't have a real solid handle on what was before and what was after. Also, there's nothing in the will specifying who inherits them.

 

[284guy]

Seller and buyer must be present, unless.... the seller transfers them to the FFL, then the FFL can sell them. The money issues may make that more of a hassle than anyone wants to incur. Legal contracts, or the FFL buying the estate guns, etc.

 

[thorborg]

 

[284guy]

Also, it's not necessarily the next of kin, it would most likely fall to the representative of the estate, which would be easablishedd in the will, or estate filings with the court.

 

[41mag]

Is an executor charged with disbursal?

 

[carracer]

Too bad you don't live in Idaho.

 

[284guy]

Is an executor charged with disbursal?

Likely only after the estate is closed. The executor can sell estate items, but money has to be accounted for. I went through it. It's a hassle.

 

[DirtyBird]

Thank you all very much. My friend's wife is his executor. Sounds like she is the only appropriate person to hand stuff over.

Whatever feelings I might have about this law or that law, I will stay in compliance with them.

Given that the transferer's role is to give up the firearm, it seems strange it'd matter who shows up. From the state's vantage, isn't any chance to evaluate a gun owner's background and/or make sure the gun isn't hot a win? Why discourage that?

Lots I don't understand I guess.

Thank you all.

 

[Flymph]

Lots that just doesn't make sense...
Sorry to hear about all this, must be tough for everyone.

 

[RaceFan]

@DirtyBird you might want to contact Dan at Yearound Estate Sales. He might be able to answer some of your questions as an estate expert.

Estate Sales | Portland, OR | Yearound Estate Sales
(503) 704-1605

From their website...

We quite often encounter firearms in estates where families are concerned about selling them. We possess a Federal Firearms License (FFL), which allows us to legally sell your firearms in a safe, secure manner to the public. We appraise these firearms at a high market price to eventually market them, using our knowledge, experience and techniques. Of course, individual firearm consignments are always welcome.

 

[jbett98]

I've bought a few firearms from Dan. He's very fair and realistic on the prices he sets. Plus, he doesn't charge a transfer fee to the buyer, which in my book is a huge plus when factoring in the overall expense.