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View Full Version : Mother-in-Law borrowed gun and the lender died.....now what?


ptgarcia
08-23-2012, 1:22 PM
About 10 years ago my recently divorced senior citizen mother-in-law moved into a new house. The man next door saw she was on her own and gave her a S&W revolver for protection. Well, a few years ago the gentleman that loaned her the gun passed away. My mother-in-law still has the gun but isn't sure what to do with it. The man's wife sold the house and moved away. The gun is pretty old (as in age, condition is good) and my guess is it is not registered. What should she do?

imtheomegaman
08-23-2012, 1:24 PM
easy enough to find the original family, to whom it still belongs

zillow is a start

unusedusername
08-23-2012, 1:26 PM
1) It is only legal to "loan" a handgun to someone who has a Handgun Safety Certificate and even then only for 30 days. I'm going to assume your mother-in-law has a HSC and borrowed the gun for only 30 days at a time, returning it between each 30 day interval.

2) Handguns would be covered by the same inheritance laws as all other property. She should return it to the family of the gentleman who passed away.

Lead Waster
08-23-2012, 1:28 PM
Even if she tracked down the widow, she might not want it or know about it anyway. But that's the first step.

If it's old and unfired, she might want to see if it's in working condition before it blows up in her hands. If it's in bad condition, and she can't track down the owner, give it to the cops to destroy and buy a new gun of her own.

guns4life
08-23-2012, 1:31 PM
Sad news about her losing it on that boating accident....

imtheomegaman
08-23-2012, 1:45 PM
Sad news about her losing it on that boating accident....

If it was your heirloom, would you have the same attitude? I know I would want my fathers pistol.

Ninja45
08-23-2012, 1:50 PM
Find the family and return it. It's the right thing to do.

killathrilla
08-23-2012, 1:50 PM
Imho...u should help her track down the family...im sure the mans kids would want another piece of thier father back where it BELONGS.

kouye
08-23-2012, 1:56 PM
Agree with the others, help track down the rightful owner. House sales are public record so you should be able to find the owners name to start with.

daveinwoodland
08-23-2012, 1:56 PM
The deceased may have a Son that would likely love to have his Dad's gun. I know I would if it were me.

ptgarcia
08-23-2012, 1:59 PM
Okay, so I'll help her track down the wife. What if she moved out of state? I'd have to send it to an FFL, correct?

imtheomegaman
08-23-2012, 2:00 PM
Okay, so I'll help her track down the wife. What if she moved out of state? I'd have to send it to an FFL, correct?

Yes, Id think so. That would be a bit more complicated, but still doable.

gatesbox
08-23-2012, 2:01 PM
Okay, so I'll help her track down the wife. What if she moved out of state? I'd have to send it to an FFL, correct?

Yep, if the search is not productive, there is always the voluntary registration form.

fighterpilot562
08-23-2012, 3:05 PM
Find the family and return it.

bohoki
08-23-2012, 3:07 PM
i'm betting the deceased intended it to be a gift

Oceanbob
08-23-2012, 3:11 PM
Have her gift it to your wife and be done with it. Your wife fills out the form and sends in $19. Done deal.

Too much time has passed.

darkest2000
08-23-2012, 3:18 PM
If it was your heirloom, would you have the same attitude? I know I would want my fathers pistol.

Would you lend your family heirloom to someone else and forget about it?:rolleyes:

I think there's some kind of statue of limitations where if you loaned something to someone for a long time (like say, 10 years) without actively trying to seek its return, the person can legally keep it permanently? Someone please correct me.

CSACANNONEER
08-23-2012, 3:32 PM
1) It is only legal to "loan" a handgun to someone who has a Handgun Safety Certificate and even then only for 30 days. I'm going to assume your mother-in-law has a HSC and borrowed the gun for only 30 days at a time, returning it between each 30 day interval.


Youngin's these days. :rolleyes:

You do realize that not too long ago, there was no such thing as a HSC. The program is not that old. As far as the loan thing goes, do you know when the 30 day thing was written into the law? Do you know when the loan took place? Yea, the whole transaction could very well be legal and done before today's requirements. However, you are incorrect about being able to borrow the same gun over and over. Read the law. There is something in it about "infrequent loans" being an exception but, "frequent loans" are not legal.

JTROKS
08-23-2012, 3:47 PM
Do the right thing and try to contact the family of the owner. If unsuccessful then have your mother-in-law perform an intranet-familia transfer to your wife.

dachan
08-23-2012, 5:05 PM
1) It is only legal to "loan" a handgun to someone who has a Handgun Safety Certificate and even then only for 30 days. I'm going to assume your mother-in-law has a HSC and borrowed the gun for only 30 days at a time, returning it between each 30 day interval.


Don't think this was in effect 10yrs ago when the loan took place. HSC didn't even exist till 01/01/03

guns4life
08-23-2012, 5:22 PM
If it was your heirloom, would you have the same attitude? I know I would want my fathers pistol.

If my father gave somebody a gun to "hold" for close to a decade and never asked for it back it's their gun...something for them to remember him by.

RCJeeper
08-23-2012, 7:33 PM
Oh please, he "lent" it to her for what . . . 7 years. Nah that was just his way of winking at the old gal. Or maybe he was just a really nice guy. In any case who amoungst us would forget about a gun. I sure as **** wouldn't. Either he had so many that losing an old revolver was not a loss or he "loaned" (=gifted) it to her.

Have her transfer it to your wife if she doesn't want it. Or she should keep it with the spirit it was intended.