Posted: 8/30/2012 2:01:57 PM EDT
| I have a question. A friend of mine's uncle died and the only living family is my friends mother who is now taking care of the will.( she is 86) While going thru the house they found he had various shotguns and handguns. My guess is nothing is registered and nobody in my buddys family has a fid card and or is into guns. How would they go about legally getting rid of them. |
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Quoted:
I have a question. A friend of mine's uncle died and the only living family is my friends mother who is now taking care of the will.( she is 86) While going thru the house they found he had various shotguns and handguns. My guess is nothing is registered and nobody in my buddys family has a fid card and or is into guns. How would they go about legally getting rid of them. Through the laws of intestacy, your friend's mother may take possession them, absent and FID or purchase permit - PROVIDED she is not otherwise prohibited from possessing firearms. The relevant statute is 2C:58-3j: Firearms passing to heirs or legatees.
Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period. Then, as the legal owner, she may dispose of them in any number of ways... sell them to a dealer, either straight sale or on consignment, sell them to a private party, give them away to anyone with an FID card for the shotguns, and purchase permits for the handguns. The only tricky part with the handguns is the 30-day rule still applies. |