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Newbie Recently acquired HiStandard collection

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Post by HSDiscovery24 Thu Mar 07, 2024 9:14 pm

Hi... I'm new to gun ownership so bare with me please...Newbie Recently acquired HiStandard collection  Uncles11
Newbie Recently acquired HiStandard collection  Supert10
My uncle passed away about a year ago without ever telling us he had a small collection of HiStandard pistols. They were only recently located in an old shed on his old  property. There were no instructions or documentation as to registration/ownership or his desires as to inheriting them. My mother has no interest so they have come to me. Can anyone give me some advice as to how I can properly/legally possess and or register them in my name (if that's what I'm supposed to do...) I intend to actually begin actively training and joining a local gunrange..gun range...
Any info or direction would be greatly appreciated!!
Thank you..

HSDISCOVERY24

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Post by Tripscape Thu Mar 07, 2024 9:28 pm

Firstly what state do you reside in?  Was your uncle in the same state?

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Post by D.H. Grace Fri Mar 08, 2024 1:33 pm

I'm not a lawyer, so please do NOT take this as legal advice.  The normal procedure would involve asking the estate executor about who stands next in line after your mother for inheritance.  Usually, it would be your mother's issue.  If that title fits you, then you mother should be able to formally disclaim the guns just like any other inherited property.  The inheritance would then automatically pass to you.  Disclaiming should be simple.  I believe a written and signed letter will usually suffice.  The executor would then follow the laws of your uncle's state regarding the transfer to you.  You would have to follow the laws of your state as per possession. 

So, ask the executor about who's in line after your mother.  If that's you, then it might make sense to speak with a lawyer about the proper procedure for partially disclaiming an inheritance in your uncle's state.

Hope that helps,

David

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Post by Wobbley Fri Mar 08, 2024 2:11 pm

As I understand the law, the pistols form a part of your uncle’s “chattel” (or possessions) portion of the estate.  So any distribution portions of the estate must be distributed proportionately in accordance with the will if there is one.  As an example, if the will says his property “to each child, share and share alike”, then they get split between the children or sold to raise money to split.

If there was no will, or no clause that specifies children get the property specifically, then the wife inherits the property and she can dispose of it at her pleasure.  So the will, if there is one, is VERY important to follow.  

If she HAS total legal possession she can give them to you and if your state has legal requirements to transfer these legally, any estate lawyer can aid in that.  There are exceptions, usually, to restrictions on gun transfers for “intra-family” and inheritance transfers.

Please note THAT I AM NOT A LAWYER.., but I read a lot….
Wobbley
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Post by RodJ Fri Mar 08, 2024 2:40 pm

https://www.law.cornell.edu/cfr/text/27/478.29

Feds generally allow transfer from a resident of one state to resident of another without going through an FFL in the transferee’s state when the transfer is pursuant to lawful inheritance (bequest in a will, or intestate succession).  However, check with stat3 and local laws which may impose separate requirements.  The federal exception to the FFL requires that the transferee be legally competent to own the firearm and that state laws allow the transfer.

Speak to a lawyer about your situation and the applicability of the above.

I mention all this in case you are not a resident of the same state as your uncle.

RodJ

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