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    Executor for an estate with firearms?

    I'm sure this has been asked before but I'll ask again.

    As an estate executor, in a state like the People's Republic of NY, and especially in Suffolk county, how does it work with disposing (ie. selling) firearms that are under the deceased license?

    I'd like to leave detailed instructions for my wife what to do so she doesn't get into any legal issue nor get anything confiscated that she could have sold for something.

    Thanks.
    I am not armed out of fear of who's in front of me.
    I am armed out of love of those behind me.

    Anyone who says money doesn't matter to them is either a FOOL or a LIAR or BOTH!

    #2
    The short answer: the executor gets 15 “free” days to take custody of any pistols, revolvers and assault weapons, as well as any other illegal “firearm”. The executor must then either voucher the guns with the police until arrangements are made for lawful transfer to heirs or for sale. An FFL can be directed to retrieve these guns from the PD. But note that any firearms that were not legal to possess even with a license (e.g.,a non-registered assault weapon, a silencer, machine gun, SBS, SBR, for example: your grandfather had a German MP40 he snuck back in WW2) must be surrendered to PD and will be destroyed as a nuisance. Assault weapons cannot be passed to heirs and must be neutered, removed from NYS, transferred to an exempt possessor such as a PO, or destroyed.

    Police are obligated to hold the weapons for 1 year until arrangements are made, after that time they can be destroyed.

    Rifles and shotguns do not need to be turned into PD within the 15 day period as the executor may possess them until transfer is arranged.
    Last edited by class3; 01-09-2020, 10:41 AM.
    Know your rights/Refuse peacefully to consent to a search /Ask if you are free to go or are being detained/Even if you are not doing anything wrong the 4th Amendment protects you against unreasonable searches/Never say anything to law enforcement even if you think it will help you/If questioned you should clearly and unequivocally request that you would like to have an attorney present and defer any questions until then/Never go to prison because you are afraid to go to jail.

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      #3
      I did this for a friend in Nassau. The pistol office really wanted nothing to do with it and said go directly to an FFL and transfer the pistols, then go to PLB with the death certificate and they removed them and we sold them out of the FFL. Rifles didn’t matter of course.
      And the 15 days was allowed a huge grace period as the family didn’t contact me about the death for 2 months and then we executed the transfer but class 3 has it down by the book.

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        #4
        Oh yes and if your grandfather “had” an MP40 you don’t know where it is and never found it

        Comment


          #5
          Originally posted by LiDad View Post
          I'm sure this has been asked before but I'll ask again.

          As an estate executor, in a state like the People's Republic of NY, and especially in Suffolk county, how does it work with disposing (ie. selling) firearms that are under the deceased license?

          I'd like to leave detailed instructions for my wife what to do so she doesn't get into any legal issue nor get anything confiscated that she could have sold for something.

          Thanks.
          Really playing it up with your flue !!!!!

          Comment


            #6
            Originally posted by Shamuscull View Post

            Really playing it up with your flue !!!!!
            ROTFL!

            A - It did get me thinking about it.

            B- I didn't have the flu.
            I am not armed out of fear of who's in front of me.
            I am armed out of love of those behind me.

            Anyone who says money doesn't matter to them is either a FOOL or a LIAR or BOTH!

            Comment

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