I have a legality question

[gruller65]

OP not bright enough to say what state all the parties are in. If interstate then must go thru ffl and uncle not eligble for intrafamilial plus with mj card no transfer regardless.

I posted in calguns and said everyone lived in the same house thought it was givin

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[edgerly779]

You said they all lived in same house not you. Are you all in Ca.? Was uncle married to grandfather? Uncle not in line for intrafamilial transfer. He is not family.

[gruller65]

You said they all lived in same house not you. Are you all in Ca.? Was uncle married to grandfather? Uncle not in line for intrafamilial transfer. He is not family.

Fair yeah all in cali uncles husband not married to grandfather

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[Redeyedrider]

My uncle just passed and his partner spouse is laying claim to property that is not his.

FIFY

My uncle's husbend

The spouse.... In this case, your Uncle's husband is next in line for the weapons.

Since all you have to stand on is a "verbal" agreement, this is what you're left with. If you take them it absolutely will be theft.

he owned several weapons and verbally told my grandmother who gets them. My uncle being the one who got most of them.

Sounds like they went through the proper chain of inheritance. Grandfather>Grandmother>Uncle (most)>Uncle's spouse

[boopiejones]

You said they all lived in same house not you. Are you all in Ca.? Was uncle married to grandfather? Uncle not in line for intrafamilial transfer. He is not family.

The way I read it:

- OP is the grandson of the original firearm owner.
- Uncle is the OPs uncle and the son of the original firearm owner. Uncle is not some random uncle from the other side of the family.

[Redeyedrider]

The way I read it:

- OP is the grandson of the original firearm owner.
- Uncle is the OPs uncle and the son of the original firearm owner. Uncle is not some random uncle from the other side of the family.

Correct..... and

-Uncle had a spouse

[edgerly779]

Then question is how did uncle get the firearms?. Is the uncle the grandfathers son?Let op clarify that.

[baih777]

If these guns have been in the family for years. There is most likely no legal paper trail.
If you know that some of the guns were bought thru the DROS system. Those are the only ones you might get back if they are still in your grandfather's name. Which would make it legally your grandmother's.
If your uncle had a legal marriaged other. That person becomes owner of all possessions unless a will was made.

[edgerly779]

Didn't the grandfather die not the uncle? Is uncle son by birth of grandfather?
If so he could get them by intrfamilial transfer.

[boopiejones]

Both are dead. Grandfather died four years ago. Uncle passed more recently. Uncle’s partner is the one who is trying to claim the guns belong to him.

It is unclear if the partner was legally married to the uncle or just a live in boyfriend.

Partner is alleged user of marijuana

There was no written will

[Redeyedrider]

It is unclear if the partner was legally married to the uncle or just a live in boyfriend.

Well the answer to this question is what will clear this mess up.

Spouse = His guns

Boyfriend = Your guns

Now go find out which it is.

[tonyxcom]

Sounds like the dead uncle has had physical possession of the guns with Grandmas blessing. So his property, in the absence of a will belong to his spouse, or next legal heir.

I don't think the fact that the guns weren't legally transferred works in your favor. And telling law enforcement your uncle acquired them "illegally" means they are likely to be confiscated.

[edgerly779]

Sorry for your dilemma good luck.

[ErikC12]

This seems like it should be pretty straightforward, but maybe I'm missing something...
Grandfather dies. Verbal instructions say guns go to OP's uncle, but no paperwork is done, so guns still legally belong to grandfather's default heir, the grandmother. Uncle dies, having never been the legal owner of the guns. Uncle's husband has possession of guns in violation of law re: marijuana use. Guns are still in the house owned by the grandmother, but have been hidden by the uncle's husband. So it seems to me that if the guns and the house both belong to grandma, then OP only needs her permission to search the house and take possession of the guns, followed immediatly by fileing the intrafamilial transfer from grandma to OP. I don't see that the uncle's husband has any legal leg to stand on.

[anonymouscuban]

Man. These situations sure do sound terrible. Family members fighting over possessions of a deceased loved one.

Wish you the best OP. Not sure how old you are or if you have your own family but learn from this. Establish a living trust so you family doesn't go through the same.



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