transferring a pistol from deceased relative? Procedure?

[2WheelGnnr]

Hello all my search did not show anything which means I am for sure not searching with the right words?!!! as IM SURE its been discussed and reported. Send me a link!

My BIL recently passed away....NO Will...... Surviving spouse wants to know how to transfer them to say me or my wife her sister. to keep till they maybe can be sold or figured out what to do. I thought we'd have like 30 days but I see the law is 15 days to do this. How would we go about doing this. Death certificate in hand to the county office that holds her permit to get it moved over then to an FFL for the back ground check?? not 100% sure. I also know living NY there is gonna be some red tape involved so im sure it will be a process.
Please point me in the right direction for the proper procedures to get these xferred please and thank you. I know dont think we are talking a large amount maybe one or two... Still waiting for wife to get me an inventory of whats in his safe? a couple of long guns and a pistol or two..not concerned with long guns as no short barrel or anything out of the ordinary.

Thank you for assistance.

 

[kev74]

When a friend of mine passed away, his kids gave me one of his pistols.

I talked to the guys at my local gun store, and brought them the pistol. They gave me a receipt. I gave a copy to my friend's family and submitted a copy with my amendment.

The shop held the gun until the amendment cleared and I paid them for their service.

 

[2WheelGnnr]

Sounds reasonable I was gonna stop in too i was thinking at lunch at my LGS and talk with him too. We are in Finger lakes and she is in Holland Patent above Rome so may have to use a Local FFL there out that way?!

But thats sounds about right I would think.....

Thank you for sharing your experience......... Im still awaiting the inventory from my SIL. I thought we had 30 days though to atleast get them to the FFL but NY says 15 days!! its already been 8!!

 

[Cavalry]

Death certificate, pistol list and go to your clerk, they will know best if there is more to do. I have heard its painless and just paperwork to one has to give them to LE to hold to it has to go to a FFL and be transferred.
Do not forget to send an itemized list to the state of all arms from the estate.

 

[TEOTWAWKI inc.]

Get them in the possession of an FFL if the persons spouse can't possess them legally. When my father died, cops removed the gun quicker than the body.

 

[VietnamEraVet]

I know that in some places in New Yorkistan, that the local PPO scours the death notices and obituaries, and compares them to their lists of PPO holders, and then the cops show up and pressure the grieving family members to let them take the deceased‘s guns and hold on to them.

FUCK THAT SHIT! Back when I lived in New Yorkistan, my instructions I left for my children upon my death were to either take them to my trusted FFL for ”cleaning”, or to gather them up and take them out of NYS and put them into safe storage. But under NO circumstances to turn them over to the cops!

NY law used to give the estate Executor 15 days to dispose of them,- Hell, most people would have a hard time getting appointed in anything close to that timeframe. And good luck trying to sell them sight unseen to a potential buyer when they are in the cop’s possession!

Just one more reason I am very glad none of my guns are in New Yorkistan anymore.

 

[Deplorable Me]

When step-FIL passed last year, executor got a generic letter from county clerk (Erie) wanting a list of handguns and long guns, serial numbers and instructions to turn over to police. Yes, long guns. The man never owned a firearm in his life. The bastards are fishing.

 

[livingston]

I went to the clerks office in Geneseo Told them my father willed them to me . Said he died and had the serial numbers with me and name of the guns. They put it right on my permit.
Every county is different. ... Look at Monroe county for a cluster fuck.

Transferring & Duplicate Permit Application | Ontario County, NY - Official Website

www.ontariocountyny.gov

 

[camper4lyfe]

Contact Andrea Bailey. She's super fast at responding every time I've contacted her with questions. County Clerk | Livingston County, NY - Official Website

 

[Jsmegs77]

When my grandfather passed away, he left his pistols to my brother who lives in NH. Sheriff showed up two days after he died to collect. Family attorney who happened to be at the residence meeting with his widow and their sons showed the sheriff the will which conveniently listed my brother’s state of residence (sort of like “Xxx, residing in Xxxx, NH”).

Sheriff left empty handed and that was the end of that. Never mentioned anything about any long guns. Suffolk County.

 

[Brawny71]

So, no will adds to the can of worms. First, if a family member has a permit they can take and hold them. They can also bring the to or have a FFL come and take possession of them and will give you a receipt till the estate is figured out. If no-one has a permit, you can have the Sheriff hold them and tell the what FFL you want to hold them till the family figures it out. Our Sheriff department does this well and are 2A friendly, can't speak for all of them. As an FFL I do this all the time and I also give the permit class for three counties so I help families get legal.

 

[2WheelGnnr]

yeah no will. I think the plan will be to get them to an RRL in her area...ROME/Holland Patent and my wife will go and put them on her permit. We are Ontario county so will have to go in person or me to get on our permits so we can hold them for her for safe keeping until she decides what shes gonna do....I dont think we are talking about alot may A pistol and I think from Hunting with im he as two long guns an Shotgun and rifle but not worried about those.......so we got her checking and inventoring now.....maybe we can try go directlyto the clerks office first? try that route but gotta do soon!!! we are 8 days into the 15 day period now. shes still trying to refind up!!! right now. Thanks all for the info... this is my wife and I have each other co- listed with our pistols and that. on our permits.

 

[Koz]

I'm sorry to hear of your B-I-L's passing.
I'd do anything not to give the anti-gun pricks in Albany a reason to confiscate my handguns if I pass. My wife co-owns all of mine and I, hers. If you haven't made that chain of ownership in the case of your demise, please, please, please do so immediately. I our cases, it is nearly as important as a will.
On a side note. My wife looks like a total badass with 3 pages of pistols on her permit.

 

[Saltwater60]

Yes get them to an FFL and many FGLs will come and pick them up to avoid transporting them. Then it’s just the normal process and should be largely hassle free. Remember semi auto rifles now need the permit as well.

 

[JRtraderny]

I'm sorry to hear of your B-I-L's passing.
I'd do anything not to give the anti-gun pricks in Albany a reason to confiscate my handguns if I pass. My wife co-owns all of mine and I, hers. If you haven't made that chain of ownership in the case of your demise, please, please, please do so immediately. I our cases, it is nearly as important as a will.
On a side note. My wife looks like a total badass with 3 pages of pistols on her permit.

Only 3 pages ??

 

[Acer-m14]

in a free state you could just take them home ..

Permission slips are UnConstitutional ..

 

[spat]

Move the hell out of NY.

That's is, that's the full solution.

 

[Robin]

No matter what you do, its a felony. Cuz, New York.
Robin

 

[Grimscale]

give them to LE to hold

Sorry, but that is one thing I will absolutely refuse.
With all the rumors out there about how LE keeps stuff they like or makes it hard to get it back I will never let them take possession of a family members firearms. If they want to escort me to a nearby FFL while I retain possession of the firearms, fine.
With enough advanced notice any firearms in the house will be moved to an FFL or, if necessary, shipped off to a friend out of state until things are settled.

And FUKH can go screw if she thinks I'm going to bother with background checks on long guns. Since those aren't registered anyway they'll never know what is there.

 

[C3D]

Penal law 265.20 allows the executor to make arrangements for the pistol for 15 days after the death of the licensee.

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. If such property is not lawfully disposed of within such period the possessor shall deliver it to an appropriate official described in this paragraph or such property may be delivered to the superintendent of state police. Such officer shall hold it and shall thereafter deliver it on the written request of such executor, administrator or other lawful possessor of such property to a named person, provided such named person is licensed to or is otherwise lawfully permitted to possess the same.

Under the letter of the law you have 15 days to get the gun to an FFL or it *must* go to the PD. In practice I think most counties are a bit flexible on these timelines, but the point is get the guns to your FFL immediately because PDs do not take very good care of guns that are surrendered to them. In fact they have been known to electropencil case numbers on the receiver.

 

[Zerex]

Friend passed away................all pistols after death, to go to Sheriff...................long guns can go directly to the FFL of choice for sale/disposition right now, but no pistols.

FFL will have to go to Sheriff to pick up handguns.

If done before passing, the pistols could have gone to the FFL, but not now.

 

[Koz]

Only 3 pages ??

Ha! You ever try to carry 3 pages of handguns at once?

 

[Cavalry]

Sorry, but that is one thing I will absolutely refuse.
With all the rumors out there about how LE keeps stuff they like or makes it hard to get it back I will never let them take possession of a family members firearms. If they want to escort me to a nearby FFL while I retain possession of the firearms, fine.
With enough advanced notice any firearms in the house will be moved to an FFL or, if necessary, shipped off to a friend out of state until things are settled.

And FUKH can go screw if she thinks I'm going to bother with background checks on long guns. Since those aren't registered anyway they'll never know what is there.

I disagree with nothing you have stated.

 

[C3D]

Friend passed away................all pistols after death, to go to Sheriff...................long guns can go directly to the FFL of choice for sale/disposition right now, but no pistols.

FFL will have to go to Sheriff to pick up handguns.

If done before passing, the pistols could have gone to the FFL, but not now.

County license procedures may vary, but the above is not true as a matter of state law. Pistols and revolvers can be transferred to an FFL directly within the 15 day period of executor possession in 260.20.

I know of at least a half dozen cases in Nassau, Suffolk and Queens where this has occurred.

 

[S&W Fan]

Friend passed away................all pistols after death, to go to Sheriff...................long guns can go directly to the FFL of choice for sale/disposition right now, but no pistols.

FFL will have to go to Sheriff to pick up handguns.

If done before passing, the pistols could have gone to the FFL, but not now.

Pure Nonsense

 

[byron]

Pure Nonsense

n 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.

C3D posted the law. I know of several cases around here and that's how it was done . when I did my will this summer this is the same thing my lawyer told me

 

[Parzival]

I grew up about 3 miles from the PA border, so close to freedom.

Back in the day a friend’s relative passed. I remember a white knuckle drive to the PA line with 2 revolvers he inherited. We dropped them off at a PA friends house, he took them to a PA FFL. He said he sold them to a guy in NY and asked to have them transferred to the NY FFL. My buddy picked them up and added them with no issue.

 

[RomanRider]

yeah no will. I think the plan will be to get them to an RRL in her area...ROME/Holland Patent and my wife will go and put them on her permit. We are Ontario county so will have to go in person or me to get on our permits so we can hold them for her for safe keeping until she decides what shes gonna do....I dont think we are talking about alot may A pistol and I think from Hunting with im he as two long guns an Shotgun and rifle but not worried about those.......so we got her checking and inventoring now.....maybe we can try go directlyto the clerks office first? try that route but gotta do soon!!! we are 8 days into the 15 day period now. shes still trying to refind up!!! right now. Thanks all for the info... this is my wife and I have each other co- listed with our pistols and that. on our permits.

Check with TRB's Guns up in Remsen, probably closest FFL to Holland Patent, and they are nice folks when I've been in there. Call ahead though as their hours can be irregular as I think they have other jobs.

 

[2WheelGnnr]

yeah to Sheriffs office to hold..NO WAY........NO WAY IN HELL.....

 

[2WheelGnnr]

curiosity my wife just asked a good question will have to ask the FFL...But when she xfer alls semi auto rifles ( forgot about hat good point) and the pistols will he charge 1 xfer fee or ONE FOR EACH GUN............

he has semi auto a/rs I think too need to find out if any evil features on them or what.......