Deceased friend's gun collection

[jaws75]

I am new to this forum and have limited experience with firearms, but was hoping for some advice on a situation with which I am dealing.

A friend of mine recently passed away. He lived here in the SF Bay Area, and he owned a large gun collection (though I don't really know what guns he had).

All of his family members live out of state, and they asked me to clear all his stuff out of his apartment.

The family members do not want to deal with any of his possessions, so they said I can do whatever I want with anything at his place (sell, donate, or keep).

I have not been to his apartment yet so I don't know exactly what is there, but the family just sent me his keys and said they want his stuff out of his apartment ASAP.

Note that I do not yet know if the keys I received include keys to his gun safe(s).

Also note that I have shot guns recreationally in the past at shooting ranges and am interested in getting more experienced with firearms, but I do not presently own any guns or have any kind of gun permit.

Here are my questions:

1) I am thinking of temporarily moving all his possessions to my garage since the family wants his stuff out of his apartment ASAP. If his gun safes are not bolted down or can be removed without too much work, would it be a bad idea (legally or otherwise) for me to take temporary possession of those safes if I am not yet the registered owner of the guns inside? Does that change at all if I lack the keys or combination to the safe(s) and cannot even get inside them?

2) If I want to keep any of his guns, what would I need to do? I'm assuming I would have to go through all the standard California licensing process (FSC, SHD, background check, etc.). And I'm assuming that I would need to work with a FFL on this. Am I missing anything else important here?

3) If I want to sell or donate any of his guns, can I do it without having to go through the licensing process or other legal hassles?

Thank you in advance for any thoughts you might have on this.

[9mmContagion]

Get an attorney. Very least would be to have the attorney draw up a letter for next of kin to sign rights away. It’s not like this is the first time this has happened, there’s probably already a legal process for this. Again, attorney will know what to do. Minimal cost for headache prevention

[Rustlin’ Jack]

First of all, you have shown good judgment in joining this forum and seeking the advice of the many knowledgeable people on Calguns. The questions you posed are a good starting point for trying to deal with the situation. I agree that an attorney should be your first stop to begin the legal process of transferring the guns to you. What you have described involves a specific legal process in California. Your description of the “licensing process or other legal hassles” is an understatement of what will be involved in accomplishing the transfer and sale of your friends guns.

As far as resourcing the help of the members on this forum, I would recommend using an attorney to get started on the larger issues, and then posing specific questions for the members to help you with on this forum.

[bugsy714]

[SkyHawk]

Legal issues aside, if you go trying to move a safe with guns inside, the guns could be damaged cosmetically or worse - and if one is loaded, who knows what could go wrong.

I would not move a safe full of guns unless I absolutely, positively had no other choice. If it is a cheap safe (sub $1000), I would just destroy it to get in and remove the guns before moving the safe.

As far as legal issues go, yes you have some. And the way these after-death things go, you could be setting yourself up for even more trouble if heirs get to fighting and you have gotten in the middle of it and removed property.

My advice is to consult a lawyer who is familiar with estate law and firearms law, there are several issues to work through and risks to calculate.

You could contact attorney Dave Duringer aka user 'GUNTRUST'

https://www.calguns.net/calgunforum/private.php?do=newpm&u=36166

Estate Planning for Gun Owners - @guntrust on most social nets
Virtually unlimited FREE Front Sight training: http://guntrust.org

[Rustlin’ Jack]

[G-forceJunkie]

Since your not really into guns, note that alot of firearms are considered Assault Weapons and their possesion, transportation, and disposition after owners death are have strict rules. You don't want to find yourself with a garage full of fellonies if youjust go get the guns without knowing what they are. You need a lawyer and someone who is really up to date on CA guns and gun laws.

[edgerly779]

Attorney maybe a power of attorney from next of kin? You cannot touch the firearms now till settled. If there are off roster then only an attorney can straighten out issues or who inherited them.

[M1NM]

The family members do not want to deal with any of his possessions, so they said I can do whatever I want with anything at his place (sell, donate, or keep).

Sounds like he died intestate. Get notarized letter from next of kin as the executor of the estate of his/her son/brother. Letter should grant you ability to act as executor (or convey that in a conversation the dead buddy wished you to have all his stuff [that would grant you off roster guns by inheritance]) - only then would I enter the property and remove anything. If the family wants nothing they could just tell the landlord to deal with the stuff - but he would charge them.
PS - not a lawyer

In simple terms Google says - family needs attorney - unless they appoint you as their agent (if they can appt a non atty as rep) - you are entitled to be paid to act as executor:
When someone dies without a will, it is called intestate. ... When someone dies intestate, the California probate estate must be administered, distributing his or her property. Their assets will go to the deceased's closest relatives under California's intestate success laws.

[c good]

I would not move the safes with everything still in them as others have noted. The potential to damage the firearms is something you need to consider. You don't need to destroy the safes to open them. A licensed lock smith specializing in safes will be able to get into most safes with minimal damage and most likely be able to preserve the integrity of the safe so I may be used again.

[guntrust]

The planning i do is partly aimed at avoiding situations like this.

Read the article linked in my sig for the latest on planning in this area.

[RickD427]

Here are my questions:

1) I am thinking of temporarily moving all his possessions to my garage since the family wants his stuff out of his apartment ASAP. If his gun safes are not bolted down or can be removed without too much work, would it be a bad idea (legally or otherwise) for me to take temporary possession of those safes if I am not yet the registered owner of the guns inside? Does that change at all if I lack the keys or combination to the safe(s) and cannot even get inside them?

Very bad idea here. At a minimum, you would be creating criminal liability for yourself for the illegal transfer of firearms under federal law (if you are of a different state residency than the deceased) and under California law in all cases.

2) If I want to keep any of his guns, what would I need to do? I'm assuming I would have to go through all the standard California licensing process (FSC, SHD, background check, etc.). And I'm assuming that I would need to work with a FFL on this. Am I missing anything else important here?

You've got two different issues going on here. The first is to the ownership of the firearms. That will be governed by the decedent's will, trust, or intestate statutes. It's not governed by the desires of the decedent's relatives, unless one of them is executor of the estate.

The second issue is the legal transfer of possession of the firearms. "Ownership" and "Possession" are two very different concepts with regard to firearms and it's very important not to confuse the two.

3) If I want to sell or donate any of his guns, can I do it without having to go through the licensing process or other legal hassles?

In simple terms "No." The executor of an estate enjoys some legal special treatment in the disposition of a decedent's firearms, but according to what you have posted, you ain't the executor.

Trust me on this, you're in over your head here, and you risk incurring some criminal liability from the way you're seeking to handle this. You really should consult with a lawyer who is qualified in this area of practice.

[M1NM]

I would not move the safes with everything still in them as others have noted. The potential to damage the firearms is something you need to consider. You don't need to destroy the safes to open them. A licensed lock smith specializing in safes will be able to get into most safes with minimal damage and most likely be able to preserve the integrity of the safe so I may be used again.

No licensed locksmith will open somebody else's safe for you. He's going to ask to see your DL and when the address doesn't match he's out of there. Something notarized from the executor or court will be needed.

[lastinline]

In the good old days……

[Rob454]

I am new to this forum and have limited experience with firearms, but was hoping for some advice on a situation with which I am dealing.

A friend of mine recently passed away. He lived here in the SF Bay Area, and he owned a large gun collection (though I don't really know what guns he had).

All of his family members live out of state, and they asked me to clear all his stuff out of his apartment.

The family members do not want to deal with any of his possessions, so they said I can do whatever I want with anything at his place (sell, donate, or keep).

I have not been to his apartment yet so I don't know exactly what is there, but the family just sent me his keys and said they want his stuff out of his apartment ASAP.

Note that I do not yet know if the keys I received include keys to his gun safe(s).

Also note that I have shot guns recreationally in the past at shooting ranges and am interested in getting more experienced with firearms, but I do not presently own any guns or have any kind of gun permit.

Here are my questions:

1) I am thinking of temporarily moving all his possessions to my garage since the family wants his stuff out of his apartment ASAP. If his gun safes are not bolted down or can be removed without too much work, would it be a bad idea (legally or otherwise) for me to take temporary possession of those safes if I am not yet the registered owner of the guns inside? Does that change at all if I lack the keys or combination to the safe(s) and cannot even get inside them?

2) If I want to keep any of his guns, what would I need to do? I'm assuming I would have to go through all the standard California licensing process (FSC, SHD, background check, etc.). And I'm assuming that I would need to work with a FFL on this. Am I missing anything else important here?

3) If I want to sell or donate any of his guns, can I do it without having to go through the licensing process or other legal hassles?

Thank you in advance for any thoughts you might have on this.

What does the will or trust of the deceased state to be dine with the possessions. Who is the trustee or executor?