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Passing down firearms to heirs ?


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#1 Hanagan

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Posted 19 May 2017 - 11:30 AM

While looking through the topics on this forum, I noticed an interesting discussion regarding Private Sales.  It came to my mind that I have questions about passing down my firearms to my heirs.

 

This coming August I will celebrate my 80 th birthday.  I presently own about a dozen different firearms and a rather large stash of ammo.  What should I do, or consider doing, to see that these items are all passed down in a way that I intend and also meet all of the legal considerations ?

 

Here are a few more facts.

 

1. My wife has a FOID card, so she would become the legal owner if I were to pass away first.

2. I have prepared a detailed listing of all the firearms, with items like date of purchase, serial numbers, pictures, what I paid, and who I purchased it from. These are all in one book.

3. I have only one grandson, who is now 26 years old, who I would like to receive all of the firearms and related items. ( He has a FOID card and has attended with me the NRA Gun Safety course )

 

Here are a few questions.

1. Should I put my wishes in my will ?  ( I also have a Trust )

2. What type of records regarding a change of ownership must be kept and for how long ?

3. Does anyone ( ie: like the State of Illinois ) need to receive a notice of "change of ownership " ?

 

I would appreciate the input from members here that might help me do this properly.  Answers to my questions, and perhaps a discussion on topics I haven't even thought of , would be helpful.

 

Thanks.  Hanagan

 

PS:  I intend to enjoy the sport for many years ahead, but I like to plan.  :yes:



#2 soundguy

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Posted 19 May 2017 - 11:56 AM

Sounds like you are planning well!

 

My thoughts:

 

  -Yes. Put your wishes in your will. Be sure your grandson and wife are aware.

  -Transfer documents need to be kept by the "seller" for 10 years.

  -There is (currently) no requirement to notify the State, or anyone else.

 

Before my uncle passed, he gifted some firearms to me. I received the last one shortly after his funeral. I presume that after his death, he is no longer maintaining the records of transfer.

 

I'm living to 117... My nephew has a long time to wait!

 

Happy 80th to you this August, Hanagan!


Edited by soundguy, 19 May 2017 - 11:58 AM.

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#3 gangrel

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Posted 19 May 2017 - 11:57 AM

If you were to sell a firearm in a FTF transaction, you as the seller would need to keep a record of the transaction for 10 years, including the date of the transaction, the buyer, the make, model, and serial number of the firearm, and the buyer's FOID or CCL number.  By law, you are also required to perform a check that the FOID number is valid either over the phone or through the ISP website.  The record of transaction is kept in your records, NOT sent to the state or anyone else.  There is no requirement whatsoever to send any kind of "change of ownership" notification to anyone.

 

Now, when you are talking about inheriting, much of this is still true.  Obviously, if you pass from this world and your grandson inherits your firearms, you are not required to call in the FOID to ISP or draw up a bill of sale.  If your grandson is in your will to receive the firearms, when you pass away, he is now the rightful owner of those firearms.  Whether or not he is allowed to keep them legally beyond that depends on whether he is legally allowed to be in possession of firearms.  But as you stated, he is 26 years old and has a FOID, so I would say there aren't really any pitfalls there.

 

Now, if you don't put them in your will, I would say the biggest issue to arise would be if there is a dispute among your heirs as to who gets the firearms.  If that isn't a scenario you see as likely, then I would say it would fall to the executor of your estate to distribute as per your wishes.

 

Now all this said, I am not a lawyer, and someone who is may have different and more valid advice than mine.


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#4 Hanagan

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Posted 19 May 2017 - 12:11 PM

soundguy and gangrel,

 

Thanks for the reply and detailed information.  I just knew that there were knowledgeable members out there who would quickly and credibly respond to my inquiry.

 

I have given this topic some degree of thought and felt like what I was doing was, at least, on the right track. 

 

It's not always pleasant to think of such matters, but not to do that, leaves a lot of headaches for those left behind.

 

Let's see what others might think on the subject.

 

Hanagan



#5 lawman

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Posted 19 May 2017 - 12:31 PM

Put them in your will.  Probate can bring out the worst in people.  If they are in your will there is no doubt about your intention, and who the rightful owner should be.  The info on transfers, etc is correct as stated by the others here.



#6 Hanagan

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Posted 19 May 2017 - 12:39 PM

Thanks lawman.

 

Hanagan



#7 SiliconSorcerer

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Posted 20 May 2017 - 10:11 AM

All my firearms over 10 years old have already been transferred to my kids and the paperwork destroyed, they just aren't allowed to take them yet. 


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#8 Hanagan

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Posted 23 May 2017 - 09:44 AM

SiliconSorcerer,

 

Would you please clarify ?  What paperwork has been destroyed and why ?  It would seem to me that your children having a signed document stating that you transferred the firearm to them would be beneficial.

 

Also, why just the ones over 10 years old ?

 

Thanks.

 

Hanagan



#9 chislinger

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Posted 23 May 2017 - 09:48 AM

SiliconSorcerer,
 
Would you please clarify ?  What paperwork has been destroyed and why ?  It would seem to me that your children having a signed document stating that you transferred the firearm to them would be beneficial.
 
Also, why just the ones over 10 years old ?
 
Thanks.
 
Hanagan

Illinois law requires records be kept for 10 years. It would be hard to claim the transfer was more than 10 years ago on a 5 year old firearm. ;)

Edited by chislinger, 23 May 2017 - 09:48 AM.

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#10 rmart

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Posted 23 May 2017 - 10:31 AM

What about inheriting FA that are currently in another state?

Do they become yours after the death of the owner and you can legally transport them back yourself?


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While the people are virtuous they cannot be subdued; but once they lose their virtue, they will be ready to surrender their liberties to the first external or internal invader." ~ Samuel Adams 1779 to James Warren

 

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#11 SiliconSorcerer

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Posted 23 May 2017 - 11:00 AM

 

SiliconSorcerer,
 
Would you please clarify ?  What paperwork has been destroyed and why ?  It would seem to me that your children having a signed document stating that you transferred the firearm to them would be beneficial.
 
Also, why just the ones over 10 years old ?
 
Thanks.
 
Hanagan

Illinois law requires records be kept for 10 years. It would be hard to claim the transfer was more than 10 years ago on a 5 year old firearm. ;)

 

 

Yes any firearm over 10 years old. 

 

If anyone knocks on my door looking for one, sorry I don't see it must have been sold.  Goodbye and have a nice day! 

 

I can't think of any benefit of having a signed document proving you own it, who would contest it a thief after you reported it stolen? 

 

I actually have more concerns over reporting a firearm stolen then not.  I know the law I didn't say you shouldn't. 


You give peace a chance; I'll cover you if it doesn't work out.

 

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#12 rmart

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Posted 23 May 2017 - 11:10 AM

Only benefit might be if the firearm were used in the commission of a murder. It might be a benefit to be able to show how long ago you got rid of it and that you indeed did so. First to remove any doubts that you're the perpetrator or that you provided the firearm for that purpose, but also to avoid charges of careless storage, etc. making you a possible accessory before the fact.

 

In addition, in that case, you might also be helping the authorities in the process of seeing that the killer meets justice.

 

So, my philosophy is that if I purchase the gun I want you to destroy any records at the ten year mark but if I'm selling the gun I'm probably going to keep the records for longer... :P


Gun control is like trying to reduce drunk driving by making it tougher for sober people to buy cars... ~unknown

 

Right-wing action is the cleanup crew for left-wing fantasy ~Greg Gutfeld Nov 2015

 

"A general dissolution of the principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy.

While the people are virtuous they cannot be subdued; but once they lose their virtue, they will be ready to surrender their liberties to the first external or internal invader." ~ Samuel Adams 1779 to James Warren

 

Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. ~Daniel Webster

 


#13 soundguy

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Posted 23 May 2017 - 11:12 AM

What about inheriting FA that are currently in another state?

Do they become yours after the death of the owner and you can legally transport them back yourself?

 

Yes, if it is legal for you to have firearms.

You may bring them home.

There is no paperwork.

There is no one to report to.

... Maybe a spouse.


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#14 rmart

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Posted 23 May 2017 - 01:31 PM

Okay, now let's throw in a wrinkle.

Can I ship them to myself from there to here or must I remain in contact with them the whole time. In other words, do I have to drive them back?


Gun control is like trying to reduce drunk driving by making it tougher for sober people to buy cars... ~unknown

 

Right-wing action is the cleanup crew for left-wing fantasy ~Greg Gutfeld Nov 2015

 

"A general dissolution of the principles and manners will more surely overthrow the liberties of America than the whole force of the common enemy.

While the people are virtuous they cannot be subdued; but once they lose their virtue, they will be ready to surrender their liberties to the first external or internal invader." ~ Samuel Adams 1779 to James Warren

 

Good intentions will always be pleaded for every assumption of authority. It is hardly too strong to say that the Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. ~Daniel Webster

 


#15 soundguy

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Posted 23 May 2017 - 04:20 PM

Okay, now let's throw in a wrinkle.

Can I ship them to myself from there to here or must I remain in contact with them the whole time. In other words, do I have to drive them back?

 

Pretty sure you can ship them via FedEx or UPS. Probably needs to be an overnight shipment which could be expensive... but of that I am not certain. You need to do some other checking for that. And then, someone needs to be home to accept delivery.

 

Unless you are crossing an international border, it might be a lot easier and a lot cheaper to box/lock them up and drive them home. You will know right where they are at all times.

 

I would drive them home 'cause I'm pretty frugal (cheap)..


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#16 NRApistol

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Posted 23 May 2017 - 06:09 PM

Okay, now let's throw in a wrinkle.

Can I ship them to myself from there to here or must I remain in contact with them the whole time. In other words, do I have to drive them back?

Yes, you may ship firearms to yourself in care of another person.  As long as you are the one that opens the package they never left your possession.



#17 gangrel

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Posted 24 May 2017 - 04:03 PM

 

 

SiliconSorcerer,
 
Would you please clarify ?  What paperwork has been destroyed and why ?  It would seem to me that your children having a signed document stating that you transferred the firearm to them would be beneficial.
 
Also, why just the ones over 10 years old ?
 
Thanks.
 
Hanagan

Illinois law requires records be kept for 10 years. It would be hard to claim the transfer was more than 10 years ago on a 5 year old firearm. ;)

 

 

Yes any firearm over 10 years old. 

 

If anyone knocks on my door looking for one, sorry I don't see it must have been sold.  Goodbye and have a nice day! 

 

I can't think of any benefit of having a signed document proving you own it, who would contest it a thief after you reported it stolen? 

 

I actually have more concerns over reporting a firearm stolen then not.  I know the law I didn't say you shouldn't. 

 

You aren't required to have a signed document stating that you own the firearm.  The requirement is for the SELLER to maintain the record of sale for 10 years.  The BUYER has no requirement to have any kind of documentation.


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#18 DomG

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Posted 25 May 2017 - 09:11 AM

 

You aren't required to have a signed document stating that you own the firearm.  The requirement is for the SELLER to maintain the record of sale for 10 years.  The BUYER has no requirement to have any kind of documentation.

 

 

I agree 100%. But I like to have paperwork as a buyer for insurance purposes.


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#19 gangrel

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Posted 25 May 2017 - 09:37 AM

 

You aren't required to have a signed document stating that you own the firearm.  The requirement is for the SELLER to maintain the record of sale for 10 years.  The BUYER has no requirement to have any kind of documentation.

 
I agree 100%. But I like to have paperwork as a buyer for insurance purposes.

 

No disagreement here.  My comment was in response to a user who stated that he would claim he has had all of his firearms for more than 10 years, so no paperwork, and if the firearm isn't there, "it must have been sold."  I was pointing out that his understanding of WHO needs to keep a record of the transaction by law appears to be a little backwards.


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#20 skinnyb82

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Posted 16 June 2017 - 08:19 AM

The biggest thing if you want your estate to include firearms, and the executor to be permitted to dispose of said firearms, is to appoint an executor or trustee who has a FOID. Paperwork is paperwork. The more, the better in this case. Even if not required by law, I will keep the transfer receipts and original receipts. It's CYA. Sent from my VS987 using Tapatalk
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