PPT with Ex Con managing deceased brother's guns

[Krieghoff]

Hello all
I am intersted in purchasing 3 colt pistols from an ex convict who is the executor of estate for his deceased brother. His crime was committed over 30 years ago, and has had a clean record since then. My question is, can he legally sell me the guns under a PPT? Or is there something stopping me from purchasing due the fact that he is an ex convict.

I am guessing that it should be ok due to the fact that the seller only needs to bring an ID and doesn't need a background check; its only the buyer that needs the background check. Is this correct?

Thank you all for your help!

[Citadelgrad87]

Hello all
I am intersted in purchasing 3 colt pistols from an ex convict who is the executor of estate for his deceased brother. His crime was committed over 30 years ago, and has had a clean record since then. My question is, can he legally sell me the guns under a PPT? Or is there something stopping me from purchasing due the fact that he is an ex convict.

I am guessing that it should be ok due to the fact that the seller only needs to bring an ID and doesn't need a background check; its only the buyer that needs the background check. Is this correct?

Thank you all for your help!

Ex Convict doesn't tell us much.

Is he a convicted felon, and/or has he had his conviciton expunged?

[Krieghoff]

PPT with Ex Con managing deceased brother's guns

Hello all
I am intersted in purchasing 3 colt pistols from an ex convict who is the executor of estate for his deceased brother. His crime was committed over 30 years ago, and has had a clean record since then. My question is, can he legally sell me the guns under a PPT? Or is there something stopping me from purchasing due the fact that he is an ex convict.

I am guessing that it should be ok due to the fact that the seller only needs to bring an ID and doesn't need a background check; its only the buyer that needs the background check. Is this correct?

Thank you all for your help!

[Krieghoff]

he hasn't had it expunged but it was over 30 years ago

[ajb78]

[gunuser17]

If the estate is still open, then it is the estate that is selling you the firearms, not the executor I would think. The executor is merely administering the estate. The seller would be the "estate of _____". If there is an attorney working on the estate, I would think that he could do the physical transfer where you need an actual person to appear whether at an FFL or by his transferring the weapon to an FFL. Not sure how you would do a person to person directly since the "estate" is no longer a person [edited to remove legal entity language].

[edgerly779]

Felon cannot touch the frearms even for a moment that is felon in possesion. Attorney will have to do poa and he designates the faciltator.

[P5Ret]

I don't think he can legally be in possession of a firearm, if he has a felony conviction. Just having access to them now could be problematic for him. Not sure how he could legally transport them to the LGS for the sale. If he were to get stopped for some traffic infraction on the way to the store it could end very badly for him.

To your question yes you can buy them, but to be safe for him he needs to find someone to do all the transporting for him, so that he doesn't put himself at risk.

[hunterb]

Safe for you? Sure. Safe for him? NO! He could possibly get into a lot of trouble.

Does he have a family member without a record that could handle the PPT?

[Pardini]

Someone you know? LOL, I'm picturing the ad that says " Ex Con selling dead bro' s Colts. No reasonable offer refused. Will PPT after 9PM on the corner of 5th and Broadway. Don't worry I haven't caused any mayhem in over 30 years."

[DASchell]

Went through an Estate Transfer a couple of years ago. Has to go through a FFL. Pistols not on the California roster might be a problem. Some FFL's won't deal with them. We used Hook Line & Sinker in Oakley

[fiddletown]

he hasn't had it expunged but it was over 30 years ago

Irrelevant. Under federal law he is prohibited from having possession (physical control, not necessarily ownership) of gun or ammunition for his lifetime unless the conviction is expunged and his rights fully restored.

Was there actually a will? Was this convicted felon named as the executor in the will? Was the will filed been for probate in the proper court? Did the court issue letters testamentary confirming the convicted felon as executor?

I suspect this was done informally, in which case it's unclear whether the convicted felon can actually act on behalf of the estate and sell the guns. If the formalities haven't been properly observed the guns, as well as other property, could be subject to conflicting claims.

...Not sure how you would do a person to person directly since the "estate" is no longer a person but a legal entity.

No, the estate in not a legal entity. The properly qualified executor is legally the personal representative of the decedent. He takes control of the estate (i. e., the aggregate property of the decedent) in order to: (1) account for the property comprising the estate; (2) manage and preserve the property during probate; (3) take reasonable steps to collect any debts owed to the decedent; (4) pay any taxes or debts of the decedent, selling property of the estate as necessary to raise cash needed to do so; and (5) when all of that's done, distribute the property remaining to the heirs entitled thereto under the will.

Unless the estate is so small that it's not subject to probate, all of the foregoing would be done under the supervision of the probate court.

[Chewy65]

I doubt that anyone will care, but you could be accused of assisting a prohibited person in the commission of a felony if you do anything to encourage him to take possession of a firearm; such as bringing it to the FFL to do the PPT.

[BAJ475]

I doubt that anyone will care, but you could be accused of assisting a prohibited person in the commission of a felony if you do anything to encourage him to take possession of a firearm; such as bringing it to the FFL to do the PPT.

I do not think that anyone is encouraging the felon to take possession of any firearm. To me the question posed was how do we avoid the pitfalls in this situation?

[Krieghoff]

Irrelevant. Under federal law he is prohibited from having possession (physical control, not necessarily ownership) of gun or ammunition for his lifetime unless the conviction is expunged and his rights fully restored.



Was there actually a will? Was this convicted felon named as the executor in the will? Was the will filed been for probate in the proper court? Did the court issue letters testamentary confirming the convicted felon as executor?



I suspect this was done informally, in which case it's unclear whether the convicted felon can actually act on behalf of the estate and sell the guns. If the formalities haven't been properly observed the guns, as well as other property, could be subject to conflicting claims.







No, the estate in not a legal entity. The properly qualified executor is legally the personal representative of the decedent. He takes control of the estate (i. e., the aggregate property of the decedent) in order to: (1) account for the property comprising the estate; (2) manage and preserve the property during probate; (3) take reasonable steps to collect any debts owed to the decedent; (4) pay any taxes or debts of the decedent, selling property of the estate as necessary to raise cash needed to do so; and (5) when all of that's done, distribute the property remaining to the heirs entitled thereto under the will.



Unless the estate is so small that it's not subject to probate, all of the foregoing would be gone under the supervision of the probate court.