Selling Weapons From Deceased Person

[SMarquez]

My brother in law passed suddenly last week of a massive heart attack. He had a few weapons that are spoken for and some that will probably be sold, all rifles. So how does the DROS go in a private party transaction. This will most likely be done by his wife who is really not even going to understand the process. Can they be passed in a family transfer to my wife (his sister) and then sold?

[Dannicus]

I purchased a rifle from the daughter of a guy that died and she had a legal document that showed that she had the right. She presented it to the ffl.

[SMarquez]

Sounds good, hopefully we can find a FFL that will do that.

[alfred1222]

Umm, no need for a legal document, no need for finding an FFL. The seller is not checked, just the buyer. Anyone can sell a gun. Just have his wife go into the store with the buyer and do a normal PPT

[Librarian]

Sorry to hear about your brother in law.

Before this goes further, it's important to discover if he had a will, and what its terms may be.

It isn't unusual for all of a husband's property to go to his wife, and if that's so, she gets to dispose of them as she wishes. But the will would be controlling.

If it should be the case that he died without a will, then there should be probate, and that takes some time; distribution wil be by law.

Whoever receives the guns after proper distribution should file the OPLAW form for any handguns (and any long guns, if they might be received in 2014 or later) and may thereafter dispose of them as they wish.

[gibbet]

Sorry to hear about your brother in law.

Before this goes further, it's important to discover if he had a will, and what its terms may be.

It isn't unusual for all of a husband's property to go to his wife, and if that's so, she gets to dispose of them as she wishes. But the will would be controlling.

If it should be the case that he died without a will, then there should be probate, and that takes some time; distribution wil be by law.

Whoever receives the guns after proper distribution should file the OPLAW form for any handguns (and any long guns, if they might be received in 2014 or later) and may thereafter dispose of them as they wish.

I recommend an estate lawyer. Probate is triggered by the absence OR presence of a will. Only a trust will avoid probate. A estate lawyer can help you with proper distribution of assets, taxes, and legal obligations the deceased may have incurred.

Sorry about you loss.

[jonc]

sorry for the loss

[SMarquez]

Thanks for your condolences all but she has decided to keep everything for now. As far as a will? No, all he left was $1400 in a checking account and a home in foreclosure. His true life story is coming out and is very disturbing.

[JDay]

Umm, no need for a legal document, no need for finding an FFL. The seller is not checked, just the buyer. Anyone can sell a gun. Just have his wife go into the store with the buyer and do a normal PPT

The background check is done on the seller too incase the buyer is denied and the firearm is returned to the seller. There is no requirement that the seller be the owner.

Sent from my SGH-T999 using Tapatalk

[alfred1222]

The background check is done on the seller too incase the buyer is denied and the firearm is returned to the seller. There is no requirement that the seller be the owner.

Sent from my SGH-T999 using Tapatalk

The background check is only done on the seller if the buyer is denied. It does not happen automatically. First the buyer must be denied, then a check is ran on the seller

[JDay]

The background check is only done on the seller if the buyer is denied. It does not happen automatically. First the buyer must be denied, then a check is ran on the seller

It's done on both at the same time. That's why the FFL can return the firearm to the seller the same day a buyer is denied.

Sent from my SGH-T999 using Tapatalk

[SonofWWIIDI]

Sorry to hear about your Brother in law.

[alfred1222]

It's done on both at the same time. That's why the FFL can return the firearm to the seller the same day a buyer is denied.

Sent from my SGH-T999 using Tapatalk

after trolling through the penal code, you are correct.