Posted: 12/7/2015 3:05:26 PM EDT
My grandfather is in the hospital, out look is not so good , My father (Power of attorney) asked me to figure out how to transfer my grandfathers 38 onto my permit. The question I have is do both parties have to be present at the time of the transfer? and do I have to go through a FFL or just the county clerk? Forgive my ignorance on the subject, I have never bought a used handgun. I understand this was probably something that the family should have taken care of prior to him taken a turn for the worse, but he so stubborn, and refused to let us help him.
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Easiest thing is to contact your County Clerk in charge of Handgun Licenses. In the event of his demise prior to getting this resolved, you have something like fifteen days as executor to take care of this without too much ass-ache. This is what were trying to avoid, if possible. However he is very stuck in his ways, and refuses understand how things work now. He just assumes that when he dies since I have a permit I can just walk in with his 38 and put it on my permit ( his words). I tried to explain to him what happens if you walk into a county/government building with a gun, or if your get caught with a handgun thats not yours, and he thinks Im making it up...
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Quoted: Easiest thing is to contact your County Clerk in charge of Handgun Licenses. In the event of his demise prior to getting this resolved, you have something like fifteen days as executor to take care of this without too much ass-ache. |
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Quoted: This is what were trying to avoid, if possible. However he is very stuck in his ways, and refuses understand how things work now. He just assumes that when he dies since I have a permit I can just walk in with his 38 and put it on my permit ( his words). I tried to explain to him what happens if you walk into a county/government building with a gun, or if your get caught with a handgun thats not yours, and he thinks Im making it up... Quoted: Quoted: Easiest thing is to contact your County Clerk in charge of Handgun Licenses. In the event of his demise prior to getting this resolved, you have something like fifteen days as executor to take care of this without too much ass-ache. This is what were trying to avoid, if possible. However he is very stuck in his ways, and refuses understand how things work now. He just assumes that when he dies since I have a permit I can just walk in with his 38 and put it on my permit ( his words). I tried to explain to him what happens if you walk into a county/government building with a gun, or if your get caught with a handgun thats not yours, and he thinks Im making it up... Unless it's something collectible or a family heirloom I'd just forget about it. Why argue with him? If he passes away just hand it over to the sheriff and worry about it later or have it transferred through surrogate's court (I have no idea how that works, never done it) |
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Quoted: Greeeeat... He wont understand that, nor agree with it... Quoted: Quoted: You need a NICS check on grandpa by an FFL at the time of the transfer or it's a misdemeanor under the SAFE Act Greeeeat... He wont understand that, nor agree with it... |
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You don't need the gun anyway. Before the safe act grandpa would write you out a bill of sale and you both went to the county clerk, he took it off his permit and you put it on yours, or long ago you would just add it as a joint use but they are getting to be dicks about that. Unless it's something collectible or a family heirloom I'd just forget about it. Why argue with him? If he passes away just hand it over to the sheriff and worry about it later or have it transferred through surrogate's court (I have no idea how that works, never done it) Quoted:
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Easiest thing is to contact your County Clerk in charge of Handgun Licenses. In the event of his demise prior to getting this resolved, you have something like fifteen days as executor to take care of this without too much ass-ache. This is what were trying to avoid, if possible. However he is very stuck in his ways, and refuses understand how things work now. He just assumes that when he dies since I have a permit I can just walk in with his 38 and put it on my permit ( his words). I tried to explain to him what happens if you walk into a county/government building with a gun, or if your get caught with a handgun that's not yours, and he thinks I'm making it up... Unless it's something collectible or a family heirloom I'd just forget about it. Why argue with him? If he passes away just hand it over to the sheriff and worry about it later or have it transferred through surrogate's court (I have no idea how that works, never done it) My father wants the guns to stay in the family, and I agree. I'm the only member of the entire family that has a permit, so he wants to "handle this".. I thought at one point you could have "joint custody" of handguns, as long as the gun was listed on both parties permits, that way if one passed the gun did not have be surrendered.. |
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Why stress him out? Just tell him you will take care of it. If he passes away you can either take care of it through the county clerk (or whoever) or just turn it into the sheriff if it has no value and forget about it. Quoted:
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You need a NICS check on grandpa by an FFL at the time of the transfer or it's a misdemeanor under the SAFE Act Greeeeat... He wont understand that, nor agree with it... This is what Im leaning towards.. My father has been really pressing the issue lately so I'm exploring my options. His concern is that if it not taken care of, it might end up being "confiscated"... |
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Quoted: This is what Im leaning towards.. My father has been really pressing the issue lately so I'm exploring my options. His concern is that if it not taken care of, it might end up being "confiscated"... Quoted: Quoted: Quoted: Quoted: You need a NICS check on grandpa by an FFL at the time of the transfer or it's a misdemeanor under the SAFE Act Greeeeat... He wont understand that, nor agree with it... This is what Im leaning towards.. My father has been really pressing the issue lately so I'm exploring my options. His concern is that if it not taken care of, it might end up being "confiscated"... The estate executor can keep for a while, or if you are stressing out see if you can turn it over to an FFL to hold while you do the paperwork. Then dad doesn't have to worry |
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Quoted: My father wants the guns to stay in the family, and I agree. I'm the only member of the entire family that has a permit, so he wants to "handle this".. I thought at one point you could have "joint custody" of handguns, as long as the gun was listed on both parties permits, that way if one passed the gun did not have be surrendered.. Quoted: My father wants the guns to stay in the family, and I agree. I'm the only member of the entire family that has a permit, so he wants to "handle this".. I thought at one point you could have "joint custody" of handguns, as long as the gun was listed on both parties permits, that way if one passed the gun did not have be surrendered.. edit I heard the same "keep it in the family" line when I bailed my buddy out that one time. But no one in the family had ever bothered to get a permit and the gun ended up being some old, cheap little semi auto, a no name brand .32, which had no real historical significance to the family. When I saw the pistol I was like "You're kidding? I'm spending a half a day over a $ 100 gun that lay in a sock drawer for fifty years so it can lay in a gun safe for another fifty years?" |
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My friend had a similar situation.
His father became ill and was not able to posses his handguns before his passing. He didn't have a license and his sister lived in a state that didn't require one. His mother was able to transport them to a LGS in a locked case and transfer them with POA. If your father has POA I would call a FFL on your area and ask the procedure. Or, generally the best advice is the advice fp1201 gives. He's pretty familiar with the processes and usually is spot on. |
| If your father has a permit, it is easy. Direct transfer from father to son does not require a nics check. From grandfather to grand son does. Your father as power of ATT. Should be able to take it to a shop, transfer it to the shop who can then transfer to you. No requirement for the owner to have the nics but the new owner ( you for example) |
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If your father has a permit, it is easy. Direct transfer from father to son does not require a nics check. From grandfather to grand son does. Your father as power of ATT. Should be able to take it to a shop, transfer it to the shop who can then transfer to you. No requirement for the owner to have the nics but the new owner ( you for example) He does not have a permit. Ive been encouraging him for the last 10+ years to get his, but sadly he is full of excuses. |
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I handled a similar situation last year with a terminally ill patient. unable to come to my place in person to turn the guns over to me for the transfer
The family member who has full power of attorney should be able to take the gun in the owners stead to an FFL and from there have the gun transferred to you in the normal ( for NYS ) process |
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I just did a transfer from my father and the county clerk said all I need to do is have it amended to my license to take possession of the handgun.
My father also has it on his permit for now. Nobody mentioned NICS, I was told to give a copy of my amendment along with the coupon that was issued to me for his documentation. At a later date he will remove from his permit when it comes due for renewal (Westchester). Is this now wrong? |
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I just did a transfer from my father and the county clerk said all I need to do is have it amended to my license to take possession of the handgun. My father also has it on his permit for now. Nobody mentioned NICS, I was told to give a copy of my amendment along with the coupon that was issued to me for his documentation. At a later date he will remove from his permit when it comes due for renewal (Westchester). Is this now wrong? That's going to vary by county technically under SAFE a gun can pass from parent to child without going through a NICS check OPs situation is different as its grandparent to grandchild Some counties don't allow dual registration either |