what to do with guns???

[Texas Jack Black]

A friend of my gave me several guns to look at to purchase the ones I wanted he has been in an accident and will pass soon and is in a coma. he has no living relatives and not married .What do I do with these guns? legally


T J B

 

[dougader]

Make sure to check on the estate of this guy. There must be someone around to take payment... if no relative, then maybe creditors??? You can check at the county courthouse for legal postings and the probate of the estate, if any.

Make sure you follow all local rules for transferring firearms. Here in Oregon I can sell a gun to a private party and there is no paperwork involved. But I do ask to see valid ID to make sure the buyer is a resident of my state and that he's 21 or older.

Honestly, this could open a whole can of worms.... what if you find family? and then they want the guns and not the cash? How can you prove any verbal agreement you had with your friend? Or the state wants them... or...???

 

[Bucks Owin]

Sad story TJB....I'd say Gunbroker if there's some that'd generate any interest....

 

[BlkHawk73]

Asking for legal advice on an internet forum...talk to an actual lawyer.

 

[tek4260]

Sorry to hear about your friend. Seems to me that if you are in possession, you decide what to do with them. There is probably going to be more "technical" answers than required.

What would your friend want you to do? That is all that matters.

 

[donut757]

I would agree with a few comments from above...

I know if one of my friends, or myself, were in the situations and there was no family or others to give to I would want them to keep the firearms, or vice a versa. Especially if they would be forfeited to the damn state

It also wouldnt be a bad idea to seek legal advice regarding the situation.

 

[hittman]

I too would consult an attorney.

 

[Bucks Owin]

Guess I didn't pick up on the "legally" part and somehow figured you were looking to turn some into money....Fingers in gear, mind in neutral!

I apologize.. :oops: .

 

[powder smoke]

Tough call! No relatives wife or kids? I may place an add in the local paper and or the paper where he originally came from if he is not from the area. See if there are any replies. If there are NO heirs well I think they might be yours. I may speak to a lawyer informally but depending on what he says I would keep them out of it! Make sure the lawyer is familar with estate laws and property. I would not jump the gun, wait till he passes before you do anything you never know people have waken up from comas even after a lotta time passes. JMO. ps

 

[Flash]

If your friend gave them to you on the condition that you may purchase them and that is the undisputable truth, hold them in high regard. You are breaking no law by being in possession of them. You obviously won't sell your friends property so simply keep them as a memento.

An attorney will tell you that without serial numbers being specifically listed in a living will, they are not part of the estate.

 

[HAWKEYE#28]

If your friend gave them to you on the condition that you may purchase them and that is the undisputable truth, hold them in high regard. You are breaking no law by being in possession of them. You obviously won't sell your friends property so simply keep them as a memento.

An attorney will tell you that without serial numbers being specifically listed in a living will, they are not part of the estate.

PLUS ONE, if your premise of no one else in "family" is accurate. Pray for your Friend. 8)

 

[maxpress]

If he has noone to take them and you were thinking of buying them then I would get a contract through a lawyer to purchase them at fair value and put the money in his burial fund.

 

[Blackmore]

I would post this question on these

http://www.northeastshooters.com/vbulletin/forums/3-General

forums and ask for a referral to a Massachusetts attorney who specializes in firearms law. As you know, you are in one of the 3 or 4 worst states in the country for firearm ownership and you need to be absolutely sure you do these transfers exactly right or you will be in a world of s@*t.

If you have no luck at NES, Evan Nappan in Concord, NH, is the premier NH firearms attorney and must know who his counterparts in Mass. are.

 

[44shootist]

This is very sad and sorry to hear it, do as he asked pick the guns you want to purchase and use the money to help pay for his final expences and funral cost or any out standing bills he may have.

This may have been his way of saying he would like you to have his guns but has bills to take care of?

 

[Texas Jack Black]

Thank you for your warm replies .I do plan on holding these fine guns untill I to pass.

T J B

 

[rugerguy]

Sad indeed, and all too often when someone does NOT "plan" on their 'estate' this is what happens, imagine any and all the other "stuff" that is his and will be taken care of by the state....yikes, scary....hope "they" don't find the receipts or 'papers' saying the guns are there, but in fact , are not..... :shock:

HHHhmmmm.......... :roll:

 

[Pinecone]

Hhhhmmmm, What happens if "you" pass before he does? Interesting to say the least!..................Dick :wink:

 

[pappyd]

An attorney will tell you that without serial numbers being specifically listed in a living will, they are not part of the estate.

Let's step back, a minute here. The guns belong to Friend. Texas Jack has told us that Friend let him take them for an inspection period. We know that Friend did not GIFT the guns to Texas Jack. That's all we know.

Texas Jack may not know about any living relatives, but the man may have left a will. Friend may have thought of giving his stuff to his favorite charity or church. Who knows? The guns ARE part of his estate. I'm not aware of any law that says only property with recorded serial numbers is property of the estate. (Imagine the chaos if that were so.) Now, what is part of the estate and what the administrator is aware of are 2 different questions. But I tend to believe a falling tree in the forest still makes noise even if no one hears it.

I think we all know the right thing to do, which is to contact the administrator of Friend's estate - after he passes - and alert him or her to the existence of the guns and make an offer to purchase them for an agreed upon price and comply with the legal transfer requirements if you buy them.

 

[bogus bill]

Drop a nice check for them in his casket.

 

[DC Handgun Info]

An attorney will tell you that without serial numbers being specifically listed in a living will, they are not part of the estate.

"Let's step back, a minute here. The guns belong to Friend. Texas Jack has told us that Friend let him take them for an inspection period. We know that Friend did not GIFT the guns to Texas Jack. That's all we know.

Texas Jack may not know about any living relatives, but the man may have left a will. Friend may have thought of giving his stuff to his favorite charity or church. Who knows? The guns ARE part of his estate. I'm not aware of any law that says only property with recorded serial numbers is property of the estate. (Imagine the chaos if that were so.) Now, what is part of the estate and what the administrator is aware of are 2 different questions. But I tend to believe a falling tree in the forest still makes noise even if no one hears it.

I think we all know the right thing to do, which is to contact the administrator of Friend's estate - after he passes - and alert him or her to the existence of the guns and make an offer to purchase them for an agreed upon price and comply with the legal transfer requirements if you buy them.

+ 1 on this thought. I'm not an attorney, but why the rush to make the guns yours? The state has in effect made a will by the laws of intestacy which affect way too many who don't make wills. When my friend B. died suddenly in 2010, his sister -- ignorant of guns -- liquidated his THREE FULL SAFES of long guns and handguns faster than you can snap your fingers. I wish B. had planned better -- it would have been great to been allowed to buy one or more from the estate! You may find that there is some relative who will inherit your friend's estate -- that person will feel betrayed if disinherited by haste. Good luck with this dilemma.[/img]

 

[wixedmords]

Is your friend in Mass also TJB ?

 

[mraywi]

Sorry to hear about your friend. Seems to me that if you are in possession, you decide what to do with them. There is probably going to be more "technical" answers than required.

What would your friend want you to do? That is all that matters.

Sound,wise advice.

 

[Lost Sheep]

But first inclinations are only the first part of the story.

Step one. Pray for a miraculous recovery.

Inventory EVERYTHING you have that is his. Photographs, estimate of blue book condition, serial numbers, accessories, spare parts. You don't want any of your own stuff mixed up in an ownership dispute. You might want to have them appraised, in writing. This may protect you against claims that you damaged the guns. Not saying this is needed, but you never know who might be a long-lost relative, and even the purest of souls can harbor suspicions. If you are completely on the up and up, if a relative does show up, you might be asked to liquidate the entire collection. A nice thing to do for your friend. Might even net a fee.

Don't talk about what you have until you find out who is responsible for your friend. If it is Massachusetts, you will very likely be buying (attempting to) them from the State. Do you have any witnesses? Anyone he might have told before you took possession? Anyone you told before he went into the coma. Anything written by either of you? These are all evidence of intent (even if it is just your mention to a friend, if it came before his incapacitation, it is evidence on intent that might be held persuasive).

After finding out who you will be dealing with and with a little background of what you have, consult a probate attorney. This will cost you a couple hundred.

Then tell whoever is responsible for your friend's estate, medical care, whatever, who you are and (fill in whatever your attorney advised).

You REALLY don't want to be caught on the wrong side of the law (property law can turn to criminal law real fast) and if you are interested in the guns, either for yourself or just to see that they are not run through a furnace by the Commonwealth of Massachusetts, you want to be ahead of the curve on this.

So sorry about your friend.

Lost Sheep