Estate Guns in Coroner Possession

[San Jose Gun Trader]

Scenario:

Man dies unattended and several firearms are taken for safe keeping by the coroner's office.

Estate is being handled by an attorney who wants to have guns held by me until they can be sold off.

Coroner wants the attorney to complete the Law Enforcement Gun Release Application for all of the guns.

Question:

Is this the proper procedure given the guns will be transferred to my shop and the next of kin lives out of state with no ETA to return and the attorney is in control of the estate...

Thanks!

[acespawnshop]

Good question. I would like to know more about this one. I'm guessing if the person dies intestate there is a proper procedure for how to handle his firearms, but I have no clue what it is......

Keep us posted.

[DEPUTYBILL]

Scenario:

Man dies unattended and several firearms are taken for safe keeping by the coroner's office.

Estate is being handled by an attorney who wants to have guns held by me until they can be sold off.

Coroner wants the attorney to complete the Law Enforcement Gun Release Application for all of the guns.

Question:

Is this the proper procedure given the guns will be transferred to my shop and the next of kin lives out of state with no ETA to return and the attorney is in control of the estate...

Thanks!

Is there a will ? If so and the out of state next of kin is named in the will, he or she may be entitled to the estate(guns). I would think the attorney would have to contact the next of kin and see if he or she wanted the guns, or would consent to them being sold and the money being sent to them.
I would think the attorney would have to make a good faith attempt to contact the next of kin.

[DEPUTYBILL]

As far as getting them to you, I think if the attorney had a death certificate(and I assume this was a coroners death investigation since they took possession of the guns), and documents showing he was the executor of the estate, they could be released to any FFL pending the settling of the estate.
I really am not sure what paperwork the attorney needs. I would think since the guns are not being transferred to a person, they are still part of an estate
that only documentation of a transfer to an FFL would be needed.

[kemasa]

Normally, if the firearms are going to a FFL, the person only needs to sign authorizing that at the police station and the FFL needs to provide paperwork showing that they are a FFL with all the required permits/licenses. Clearly, in this case the person can not sign that, but I would think that the attorney handling the estate could.

[San Jose Gun Trader]

Normally, if the firearms are going to a FFL, the person only needs to sign authorizing that at the police station and the FFL needs to provide paperwork showing that they are a FFL with all the required permits/licenses. Clearly, in this case the person can not sign that, but I would think that the attorney handling the estate could.

These are things that are being explained to the holding agency. There seems to be some confusion about the DOJ form for releasing the firearms because this form only applies to the "registered owner".

Will keep everyone posted.

If anyone has experience with this please chime in.

[DEPUTYBILL]

Any update?

[San Jose Gun Trader]

Any update?

Nothing yet. Waiting for DOJ to give an answer. The basic answer I have gotten is the guns should be released at the request of the designee of the estate and released without any further paperwork to an FFL.

Seems simple enough.... but then again this is the bay area....

[DEPUTYBILL]

The wheels of government turning slow as normal!

[DEPUTYBILL]

It seems to me that if the lawyer handling the estate has experience in these matters, he or she should know what is needed to get the guns released to the estate.

[DEPUTYBILL]

For what is worth.
I asked the FFL dealer I work for, and he has handled estate transfers in the past.
All he has done is go to the agency holding the firearms with the lawyer handling the estate. They presented the paper work dealing with the estate, and the FFL's paperwork and the guns were released to him, pending disposition by the estate. I wonder if the lawyer handling this matter has all the correct paperwork on the estate? That might be where the problem is?

[DEPUTYBILL]

Update if any?
Did you give up on the lawyer, or did the lawyer give up on getting the guns?
Or?

[DEPUTYBILL]

OP, lost interest, or still waiting answer from coroner??

[BigPimping]

Maybe the guns disappeared.

[San Jose Gun Trader]

Still waiting for an answer from the Coroner.