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Firearm Inheritance Question


jwatson

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Hello. I have a question or two regarding firearm inheritance. I recently had my grandfather pass away, I am listed in his will as recipient of gun collection. We are both Illinois residents. The collection is mostly shotguns and a few rifles but there are a few handguns. Do all items need to be transferred from from his estate to me? Especially regarding the handguns?

 

I assume someone has ran into situation like this before thought I might see what experiences you all have had.

 

Thanks for your time, Merry Christmas!

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From the FOID law:

" (a-15) The provisions of subsection (a-10) of this Section do not apply to:

. . . .

(2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;"

 

The section a-10 cited in the quote that states that transferees who are not have FFLs must contact the Illinois State Police and run the receiver's FOID card.

 

If a lawyer drew up your grandfather's will, I would think that he could have answered your question. It seems that that would be part of his obligation.

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subsection (a-10) of this Section do not apply to:

. . . .

(2) transfers as a bona fide gift to the transferor's husband, wife, son, daughter, stepson, stepdaughter, father, mother, stepfather, stepmother, brother, sister, nephew, niece, uncle, aunt, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, or daughter-in-law;"

 

I'm thinking any penalty applies to the [late] grandfather, not the grandson.

I've received inheritance guns twice and did not overthink it.

I did call ISP decades ago (the first time) to check on any necessary registration or paperwork...

They laughed at me!

 

Enjoy your new gun collection and remember the man they came from...

 

Merry Christmas!

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Thanks to all for your guidance, I do appreciate it.

 

 

Hope you all have a Merry Christmas! Thanks!

Very sorry about the loss of your grandfather. He obviously liked you! Hope you have a Merry Christmas and definitely a Happy New Year!

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From the FOID law:

... transfers as a bona fide gift ...

Inheritance is not a gift. Inheritance is an inheritance.

 

"Testamentary gift is a gift made by will. Such gifts do not become effective until the death of the donor. The ownership of the gift is transferred to the donee only after the testator’s death".

Testamentary Gift Law and Legal Definition | USLegal, Inc.

 

I guess that we could get into a debate about semantics, but I assume the legislature meant to exclude inherited firearms, as well as those given directly by a living person.

 

There is also this clause from the FOID.

 

"Sec. 12. The provisions of this Act shall not apply to the passing or transfer of any firearm or firearm ammunition upon the death of the owner thereof to his heir or legatee or to the passing or transfer of any firearm or firearm ammunition incident to any legal proceeding or action until 60 days after such passing or transfer".

 

I am a little confused about the 60 days.

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Just thinking here,

 

Has the executor of the will done a Foid check with the ISP and attached to the paperwork of the will.

 

If not, it may come up in the court when the estate is closed.

 

Sent from my iPhone using Tapatalk Pro

Jwatson - my condolences on your loss. Use those firearms with fond remembrance of who thought enough of you to give them to you.

If jwatson's grandfather had a trust for his assets, probate might be avoided and no court involved. That isn't made clear in the OP so they may have to go through probate. I hope not.

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