After Death: sale of your guns

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  • copo

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    Luckily for me my daughter wants to keep all my guns and will never sell them as she knows that they are not only for value but an essential tool to her future survival if needed.
     

    doddg

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    You sure as hell can't do it now that you let the cat out of the bag ... maybe before when this information was just between you and him.


    Understood. But, I've already told him it was not legal (based on what I was told), and therefore I could not help him.
    I do not "skirt" the law.
     

    TJ Kackowski

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    Understood. But, I've already told him it was not legal (based on what I was told), and therefore I could not help him.
    I do not "skirt" the law.
    Nobody is suggesting that you skirt any laws. This was a private matter between you and your friend. As far as I understand the laws, there is nothing preventing your friend from giving you the guns as a gift. Once they are yours, you can do with them as you please. If you decide to sell them and give the cash to him, that's your business.

    Now, the out of state issue may require that the gift guns be transferred to you through an FFL. That is a question for Guy Relford, Kirk Freeman, or others more knowledgeable in the actual legal verbiage to answer.

    However, all of this would have been so much easier if you had just kept this private deal ... well, private.
     

    doddg

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    Nobody is suggesting that you skirt any laws. This was a private matter between you and your friend. As far as I understand the laws, there is nothing preventing your friend from giving you the guns as a gift. Once they are yours, you can do with them as you please. If you decide to sell them and give the cash to him, that's your business.
    Now, the out of state issue may require that the gift guns be transferred to you through an FFL. That is a question for Guy Relford, Kirk Freeman, or others more knowledgeable in the actual legal verbiage to answer.
    However, all of this would have been so much easier if you had just kept this private deal ... well, private.


    Your reasoning in your first paragraph was mine.
    I suspected the "out of state" factor was the legal impediment to a friend simply helping out a friend who lives in another state.
    He knows of my love of my hobby of buying, shooting & reselling guns to just buy another: all for my enjoyment.
    Since he doesn't hunt anymore he is going to liquidate since he doesn't hunt anymore, & thought of me, wanting to take the hassle-free option.

    If he died, and left me all his rifles, as I understand it, I could not go to his state and pick them up & cross state lines with them w/o going through an FFL.
    I am sure people do that, but if the State says it is illegal w/o going through an FFL: I would go through an FFL.
    (By the way, I wonder if that means they would have to be shipped to the IN FFL from his state?)

    As far as the "private" deal, in my mind selling hunting rifles to the public at large is not private, but open to scrutiny.
    If I started selling high-powered expensive rifles that would raise a red flag: since it does not fit my profile.
    I have read on INGO there are people watching and looking for illegal activity.
    Never bothered me since I do everything above-board.
     

    JettaKnight

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    So just a thought - what are the options and issues with leaving firearms to an organization?


    Can I put in my will that my massive M1 Garrand collection be left to the Acme Gun Club, and my twenty 1911's go to the Podunk Friends of the NRA?
     

    JettaKnight

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    As far as the "private" deal, in my mind selling hunting rifles to the public at large is not private, but open to scrutiny.
    If I started selling high-powered expensive rifles that would raise a red flag: since it does not fit my profile.
    I have read on INGO there are people watching and looking for illegal activity.
    Never bothered me since I do everything above-board.

    I really don't think the BATFE is that interested in something like this. That's way too much work and speculation for what?


    The only thing that could bring this up on anyone's radar is if one of those guns ends up involved in a crime. The famous straw purchase of Abramski was only triggered by a search after a suspected bank robbery - in other words, they stumbled onto it, not intentionally looking for a straw sale.





    Nevertheless, do not misconstrue this post as promoting skirting federal law. My stance is that gun laws must be followed, no matter how pointless or stupid.
     

    4651feeder

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    Any possessions I own at time of death will be left to my heirs and what they choose to do with them is their business.

    If I had strong desire to control what could/couldn't be done by those heirs, some serious evaluation of my issues would be in order.
     

    Hawkeye7br

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    So just a thought - what are the options and issues with leaving firearms to an organization?


    Can I put in my will that my massive M1 Garrand collection be left to the Acme Gun Club, and my twenty 1911's go to the Podunk Friends of the NRA?

    We had a club member who developed cancer & did just that. He and his wife agreed to the purpose, a close friend of his agreed to sell the guns and the proceeds went to our club. We benefited greatly, enhanced the facility from his gift, and literally hundreds of shooters are the recipients of his generosity and will be for years to come. We had a plaque made in his memory for our clubhouse.

    Having seen the lasting benefits of his gift, I plan to give similar and hope others do too.
     

    JettaKnight

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    We had a club member who developed cancer & did just that. He and his wife agreed to the purpose, a close friend of his agreed to sell the guns and the proceeds went to our club. We benefited greatly, enhanced the facility from his gift, and literally hundreds of shooters are the recipients of his generosity and will be for years to come. We had a plaque made in his memory for our clubhouse.

    Having seen the lasting benefits of his gift, I plan to give similar and hope others do too.

    Was it set up so that the organization took possession, then sold by the organization, or more informal whereby an individual sold them and then handed over the cash?



    Like doddg, I have an assortment that's not junk, but not priceless, and no heirs to appreciate them as I think they should. There's a few family guns that should stay in the family, but the rest would be better served by protecting the 2A heritage. With insurance and everything else, there's no reason my family should have to deal with evaluating, distributing, and selling firearms.
     
    Last edited:

    Hawkeye7br

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    His close friend (a club member, competitor, gun guy) took possession of all the shooting gear. Rifles, handguns, scopes, reloading equipment, components, rifle cases,...everything that was to be sold. The friend sold the items and periodically gave our club a check as money accumulated. We issued a letter of receipt to the widow for her tax deductible donation.
     

    doddg

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    We had a club member who developed cancer & did just that. He and his wife agreed to the purpose, a close friend of his agreed to sell the guns and the proceeds went to our club. We benefited greatly, enhanced the facility from his gift, and literally hundreds of shooters are the recipients of his generosity and will be for years to come. We had a plaque made in his memory for our clubhouse.
    Having seen the lasting benefits of his gift, I plan to give similar and hope others do too.


    Wow! What a great story of unselfishness on his part & his wife for being onboard with it. :thumbsup:
     

    Tactically Fat

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    You sure as hell can't do it now that you let the cat out of the bag ... maybe before when this information was just between you and him.

    If they are specifically enumerated in a will they can be transferred to him, as a Proper Person, without a 4473. But he has to be deceased first.
     

    grogie

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    May 21, 2011
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    I talked with an old guy in his final years that told me he that he use to have a nice collection of guns, but started to sell them off because for one he was no longer using them, and two for the added income as he new their value. I have that in my head too, along with other hobbies.
     

    edporch

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    Each to their own, but I don't want to pass away and leave my wife with a collection of firearms she has to mess with and get ripped off.
    I've had them for MANY years, and would rather continue selling them off like I have been over the last several years.
    Many right here on INGO over the years.

    I want to end up with a small basic collection with instructions to my wife of which ones go to who.

    My reason is, my wife was suddenly widowed without any warning several years ago.
    Was a stay at home mom with 3 kids from about age 9 to 13, and hadn't been in the workforce since her first child was born.

    Her late husband had some firearms, she was an emotional mess, and was TOTALLY taken advantage of and ripped off royally by some guy who was gonna "help her out" by taking those guns off her hands at a "fair price".
    It p*sses me off just thinking about somebody who would take advantage of a widow. :xmad:
     

    doddg

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    Each to their own, but I don't want to pass away and leave my wife with a collection of firearms she has to mess with and get ripped off.
    I've had them for MANY years, and would rather continue selling them off like I have been over the last several years.
    Many right here on INGO over the years.
    I want to end up with a small basic collection with instructions to my wife of which ones go to who.
    My reason is, my wife was suddenly widowed without any warning several years ago.
    Was a stay at home mom with 3 kids from about age 9 to 13, and hadn't been in the workforce since her first child was born.
    Her late husband had some firearms, she was an emotional mess, and was TOTALLY taken advantage of and ripped off royally by some guy who was gonna "help her out" by taking those guns off her hands at a "fair price".
    It p*sses me off just thinking about somebody who would take advantage of a widow. :xmad:


    It gets my ire up just reading that!
    I'm sure that will motivate anyone who hasn't put on paper the details of what to do, will do so!
    They advise that a widow should not sell the house or anything major immediately, but wait a year to be sure it's what you want to do.
     

    edporch

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    It gets my ire up just reading that!
    I'm sure that will motivate anyone who hasn't put on paper the details of what to do, will do so!
    They advise that a widow should not sell the house or anything major immediately, but wait a year to be sure it's what you want to do.

    You're so right.
    I re-connected with her about 6 months after the sudden death of her husband (suicide), and she was still a mess and her kids were broken.
    It's been a little over 13 years since his death, and her 3 kids now adults, two of the three are still not totally over it but moving on, the son (the oldest) took it the hardest and has been fighting anger issues ever since but he's gotten a lot better over the years, and youngest one has gone on with her life.
     

    medcoxo

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    Jul 20, 2010
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    Indy, Westside
    When I did my SBR and Suppressor- I set up a trust, so that is where they are gonna go and stay. I set up a separate trust for the rest of my firearms. Like ws said earlier- after I am gone, I have no control over anything. Gun values vary so much- stating what the value is now- they can increase/decrease in value greatly.
     
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