In NY is it legal to "will" firearms to family out of state?

[thisIslandEarth]

Hey guys, I can't seem to get a straight clear answer on this. Is it lawful to have a legal will where upon my death all my firearms are to be "gifted" to a family member out of state? I know there is Co-Registration but is that just for spouses? I want my brother-in-law that lives in Kansas to have them. If give them to my wife she'll just trade them in for magic beans. Would appreciate help. Thanks!

 

[dwa12479]

Yes. NY has no say over Kansas residents.

The only way you may get jammed up would be someone transporting them out of NY without a PP and gets pulled over and searched for some reason. You could ship them via FFL to avoid that, but then they would be subject to a BC in their home state and whatever fees the FFL might charge.

 

[spat]

The executor of an estate in NY has a 2 week exemption from the requirement for a pistol permit to get it someplace it's legal to be.

So, whoever is the executor will have to deal with getting it to your brother-in-law legally. However since it's his property and never belongs to the executor at all, I believe a lot of the BGC requirements don't apply. Might even be able to just ship it to him (you can ship guns to yourself without an FFL at all).

NYS can go fuck themselves as far as their permit record keeping requirements go. What are they going to do, come after the deceased permit holder for not getting it removed from their permit properly LOL.




NY PL265.20

Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 shall not apply to:

...
...

a.
....

1.
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f.

 A person who possesses any such weapon, instrument, appliance or substance as an executor or administrator or any other lawful possessor of such property of a decedent may continue to possess such property for a period not over fifteen days.  

 

[Jsmegs77]

Yes. NY has no say over Kansas residents.

The only way you may get jammed up would be someone transporting them out of NY without a PP and gets pulled over and searched for some reason. You could ship them via FFL to avoid that, but then they would be subject to a BC in their home state and whatever fees the FFL might charge.

Only a problem til you cross the NY border… and maybe not even then, referencing @spat’s post.

My brother in NH got my grandfather’s registered handguns when he passed… drove down and picked them up. Local sheriff came by a day later to “check” on them and was told they were inherited by a family member who lived out of state. He mumbled something about background checks but said that wasn’t his problem since the individual in question wasn’t in NY.

 

[VietnamEraVet]

Nowadays when you get your NYS CCW, in the papers they send you, they include shit about disposing of them when you die (basically they don’t want them getting into the possession of others who don’t have a permit). They even include a form for the Executor to fill out and turn in, etc.

Fuck that. When I die someday, I hope all of my guns end up with people who deserve and will take care of them. And believe me, NYS will not get any of them.

If you are likely to die in NY, prearrange for someone to get them the hell out of New Yorkistan right away. Because they DO SEARCH the obits looking for gun owners, and they like to show up and demand they be turned over right then.

Screw that. Tell them to get off the property, and close the door.

And if you drive them out of NYS, put them in your trunk, make sure all lights work, obey all traffic laws, and flip NYS that great all American bird when you cross that state line.

 

[thisIslandEarth]

Thanks guys! Really appreciate the feedback and information. Last thing I want to do in my life would be to give NYS my guns.

 

[repete]

Planning ahead, a good thing. I've already started giving some of my guns away.

 

[Acer-m14]

i'm still researching about a TRUST for Firearms .. I know some about Trusts for NFA items ...

What Is a Gun Trust And How Does It Work?

A gun trust is created to take the title of firearms and certain accessories. Read about what firearms qualify and the benefits of this type of trust.

www.johnwcrow.com

but could that be used for when you kick the can with non NFA items ??? ..

 

[PA Guns & Ammo]

Hey guys, I can't seem to get a straight clear answer on this. Is it lawful to have a legal will where upon my death all my firearms are to be "gifted" to a family member out of state? I know there is Co-Registration but is that just for spouses? I want my brother-in-law that lives in Kansas to have them. If give them to my wife she'll just trade them in for magic beans. Would appreciate help. Thanks!

When the gun is given to someone out of state, the person receiving them must go through a background check in order to receive them.

 

[Acer-m14]

When the gun is given to someone out of state, the person receiving them must go through a background check in order to receive them.

there immediate Family ... i do not think that is required ??

ohhh i seen brother n law .. yep NICS needed ..

and that leads me back to the GUN Trust .. the brother n law would be all checked out .. ??

 

[Acer-m14]

Adopt your brother n law as your Son .. problem solved .. LOL ..

 

[PA Guns & Ammo]

there immediate Family ... i do not think that is required ??

ohhh i seen brother n law .. yep NICS needed ..

and that leads me back to the GUN Trust .. the brother n law would be all checked out .. ??

Does not matter, if the person is from a different state, it has to go through a background check. But if the guns are not registered.........

 

[Zerex]

A local friend died.............just before he died in 2018, I managed to get his registered EBR's and pistols to a gundealer...the LGS, he, and I, all communicated/spoke to transport the weapons legally.

He had 50 guns, and the others also went to the LGS after his death; and his out of state bequeaths for some pistols and rifles, were handled one by one , in person with $35 NICS check, and the rest were sold on the Internet. Funds went to the widow.

All legal and ez.

Don't get jammed up.

 

[spat]

i'm still researching about a TRUST for Firearms .. I know some about Trusts for NFA items ...

What Is a Gun Trust And How Does It Work?

A gun trust is created to take the title of firearms and certain accessories. Read about what firearms qualify and the benefits of this type of trust.

www.johnwcrow.com

but could that be used for when you kick the can with non NFA items ??? ..

Basically can be used for anything you want to remove from the inheritance ball pain.

There is nothing in most "gun trusts" that limit them to guns.

 

[Zerex]

Find Out About the Cost to Settle a Trust after the Trustmaker Dies

Here is a look at the cost of settling a trust, which can be anywhere from less than 1% to as much as 5% of the value of your assets. Learn more about this cost.

www.thebalancemoney.com

Not worth the trouble and expense unless class 3 weapons are involved--(NYS-none) and more than 50 guns... a regular, ATTY DRAWN UP will, can suffice as long as your Executor knows what to do and the will is not lost.
Administrators--for gun owners who have no will and who die "intestate..." BOOM!!

Trustees have to file annual reports, just like any Trustee for a disabled person, A committee for disabled persons, or POA situations where funds are distributed for the sick and confined.... or a financial trust or gun or a situation that has a huge estate of millions in the bank.............

My mom had a trust............as did a Great Grandfather...........

 

[Bruce_Sloane]

Only a problem til you cross the NY border… and maybe not even then, referencing @spat’s post.

My brother in NH got my grandfather’s registered handguns when he passed… drove down and picked them up. Local sheriff came by a day later to “check” on them and was told they were inherited by a family member who lived out of state. He mumbled something about background checks but said that wasn’t his problem since the individual in question wasn’t in NY.

A freakIn DAY later ??
Man, they were hot for that stuff.

 

[Bruce_Sloane]

BTW don't Ask. ... don't Tell Can not go wrong there