I'm trying to find out what both the executor and the family member (in this case a Georgia resident) inheriting a non-nfa gun needs to do.

Can someone point me to where I can find a layman's explanation of what is required for a Georgia resident to take ownership of inherited guns after death in NYS?

Lets assume the Will has been submitted to the probate court prior to death.

Thanks in advance!

Get in a car, and go get your gun. Put it in a usps priority mailer , throw it in the trunk, throw some other stuff on top and drive within the limits and leave that commie state.

I know, not helpful...I’ll go to the corner now

I can't say 100% about Georgia, but I seriously doubt that Georgia has any problematic restrictions on firearms transfers. And I can't speak to New York State law, but from your question I assume that the guns in question were legally possessed in New York State.

I can tell you that under Federal firearms law, inheritance of firearms, by will, or intestate, is exempt from the requirement of using a FFL for interstate transfers.

So most likely, the firearms in question could be delivered in person to the Georgia resident, or the Georgia resident could pick them up in New York state and drive home with them. If wanting to send by common carrier, you may run into a problem with the carriers' requirements, but you would not have any issues under Federal law.

Follow this link to ATF answers to FAQs, and look for the answer to question number 4:

https://www.atf.gov/resource-c...p-12-qaspdf/download

"Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §922(a)(5)(A)."

Depends on the firearm?
Are there handguns involved?

In NYS we have the "Safe Act" and it is a Class A Misdemeanor to transfer possession of a firearm to another party (private sale) that is not a direct blood relative. NICS check is required.

In this case, it would be the Estate and would most likely require an FFL transfer to be "kosher".

NYS is an odious place to live regarding firearms laws.

The Governor is a sadist and enjoys inflicting the most pain possible.

My 90 year old father's Westchester pistol permit lapesd (renew every 5 years), I'm taking him on Monday to an FFL so that he is not in possession of an illegal firearm.

He/we will then file the amendment to remove it from his license and surrender his permit. Until then, I'm concerned he will get jammed.

Anyhow, I digress.

There isn’t anything special you need to do.

As others have said. Go pick it up (if feasible), have it sent to you through USPS if it’s a long gun, or have a pistol/long gun sent from FFL to FFL.

I inherited a pistol from a NY relativea few years ago.

A relative up there took it to an FFL and shipped it to mine. No problem.

Remember, if it’s a pistol whoever has possession of it now is going to need the transfer paperwork to show the state police.

The state police will 100% come knocking once a pistol permit holder passes away.

Are you asking less about firearms laws or more about a will/estate itself?

"Get in a car, and go get your gun. Put it in a usps priority mailer , throw it in the trunk, throw some other stuff on top and drive within the limits and leave that commie state."

Not completely inaccurate. There are wrinkles, for standard fare long guns, no problem. If it's a "registered assault weapon" or a handgun, if you're caught with it on the way out you will be in the doo-doo. If they're legal handguns, eventually someone will come asking about them in NY, and while I don't know if there's anything they can do to the executor (??), it would be best not to find out, and not leave them on the hook, inviting drama and 'the man" into their lives. Better to take them to an FFL and have them shipped, that way they have proof.


I've been the "responsible person" and "facilitator" twice. (pistol licensing authority and procedure varies county by county in NY) The first time I just took all the pistols down to HQ and they put them all on my license until the widow could decided what to do. (I had to pay the $5 per gun, 17 guns?)
The second time they didn't charge me, but required the widow to get a notarized letter from the lawyer, authorizing me to take possession yada yada... so you never know which way the wind will be blowing.

I'm pretty sure they can be picked up and that's what I found. But I've also found that NYS has additional requirements around submitting a list of guns to the court - probably to make sure the deceased complied with NYS law prior to transfer.

Yes, there are handguns involved. They all comply with current NYS law.

What a screwed up set of laws...like the Staties got nothing better to do than to go play jackbooted thug games because of the libtard doucherags in NYC and Albany....

quote:

Originally posted by Underdog:
There isn’t anything special you need to do.

As others have said. Go pick it up (if feasible), have it sent to you through USPS if it’s a long gun, or have a pistol/long gun sent from FFL to FFL.

I inherited a pistol from a NY relativea few years ago.

A relative up there took it to an FFL and shipped it to mine. No problem.

Remember, if it’s a pistol whoever has possession of it now is going to need the transfer paperwork to show the state police.

The state police will 100% come knocking once a pistol permit holder passes away.

If I remember right, using USPS, must be FFL to FFL. Someone correct me if I am wrong.

I found these:

https://herzogherald.com/2015/...s-in-new-york-state/

https://www.uslawshield.com/ru...firearms-in-georgia/

quote:

Originally posted by taco68:
If I remember right, using USPS, must be FFL to FFL. Someone correct me if I am wrong.

It is legal to send a long gun to yourself (residential address) through USPS. This is for hunting or other recreational activities (supposedly).

The long gun of course needs to be legal where you are sending it.

@ Jimbo Jones- it sure is messed up.

The State Police came knocking on my Aunt’s door about two weeks after my uncle passed.

He didn’t even have a carry license. Just a license to have a pistol at home.

In NY you have to have a license to just keep a pistol at home.

The OP lives in GA, not NY. He can't just drive there to pick it up.
I would call a local(NY) FFL and ask if he can ship it to your FFL here in Georgia.

If it were me I would contact an attorney who specializes in this. There may be to many variables in the required laws to transfer firearms, to want to take a chance not doing it right.
If one mistake is made it could cost whoever is doing the estate or receiving the firearms a lot of money in legal fees.
I know New York has laws we do not agree with however breaking them by accident/not on purpose could also cost more than just money.

quote:

If one mistake is made it could cost whoever is doing the estate or receiving the firearms a lot of money in legal fees.

This is my worry. A relative is the executor.

Based on the two links I posted, it appears one could go pick them up but there are steps that the executor has to take as I mention above.

I guess it will come down to contacting a lawyer. I think I will start with the probate court first.

Legal Bytes: Bequests of firearms under the New York SAFE Act
By: Kate McCurdy November 24, 2015 Comments Offon Legal Bytes: Bequests of firearms under the New York SAFE Act

Kate McCurdy
Kate McCurdy

If you have plans to leave your valuable gun to someone after you pass away, or hope to keep an heirloom in your family that falls within the definition of “firearm” under New York State Law, you may be setting your executor and the intended beneficiary up for criminal liability, and as a result, they may lose the firearm forever.

A simple bequest in your will is not enough to ensure lawful transfer of a firearm at your death. There are several hoops your executor and beneficiary will have to jump through to make sure the bequest is successful. You will want to make sure they are both as prepared as possible.

Legal firearm ownership has been surrounded by red tape in New York state for decades. The NY SAFE Act increased some of that red tape, making it difficult to transfer firearms, especially “assault weapons” defined by NY Penal § 265.00.

The policy behind gun control legislation in New York has consistently been to remove dangerous weapons from the stream of commerce in our state. The legislature accomplishes this by making it procedurally complex to transfer weapons from one person to another. The law must be followed to the letter to protect parties from potential criminal liability.

Furthermore, a firearm which is part of an illegal transaction, or is owned illegally, is considered a “nuisance” and may be seized by the state and destroyed, thus removed from the stream of commerce.

If an executor gives a firearm directly to the intended beneficiary, without a) knowledge of whether the decedent legally owned the weapon, b) knowledge of whether the beneficiary may legally own the weapon, and c) adherence to proper transfer procedures, the executor is taking an unnecessary risk which could have serious consequences.

When the procedures are followed, there are no risks of criminal liability or of losing the weapon. With some knowledge of the law and some careful planning and execution, you should be able to transfer a firearm at death, legally, without the consequences mentioned in this article.

It is not difficult to be charged and convicted of criminal possession of a weapon in the fourth degree. The crime is a Class A misdemeanor, and is punishable by up to one year in jail or three years of probation, plus a $1,000 fine. A person is guilty of NY Penal § 265.01, criminal possession of a weapon in the fourth degree, if he is “in possession of a firearm,” unless he falls into one of the exceptions described below.

There is no mental component to this crime, all that is required is possession. The intentions of the defendant to use or not to use the weapon do not factor into the conviction, nor does knowledge of the possession. Lack of knowledge may be asserted as a defense, but the defendant is presumed to have knowledge of his possession if no defense is raised. The prosecutor must simply show that the defendant had the firearm in his possession.

The presumption is that the possession is illegal, unless one of the exceptions under NY Penal § 265.20 is asserted, which would include proper licensure of the individual and registration of the weapon. If the defendant has been previously convicted of any crime, he may be charged with criminal possession of a weapon in the third degree, a class D felony.

NY Penal § 265.20 lays out all “exceptions to possession,” meaning it designates when possession of a firearm is not a crime. An exception for executors and beneficiaries is specifically carved out in the provision. An executor or beneficiary may possess the firearm for up to 15 days without incurring liability for criminal possession of a firearm. During those 15 days, the executor or beneficiary must either dispose of it lawfully, as described below, or turn it over to the police by the end of the time period for safe keeping.

Once the firearm is transferred to the police, they must keep it safe for up one year. The executor or beneficiary may request the firearm be delivered to someone who is legally able to possess it, such as a licensed firearms dealer or a properly licensed beneficiary. If a written request is not received within one year, the police may dispose of the weapon, either by destroying it or transferring it out of New York state.

If an executor or beneficiary is not aware of these laws and how they apply, he could easily get into trouble. For example, an executor who has limited knowledge of guns may find a firearm at a decedent’s home and not realize that it is the type of gun that is regulated by New York as a firearm. Or perhaps the firearm’s intended beneficiary will not be available to pick it up for over a month, or the intended beneficiary is in the process of obtaining his or her license to possess the firearm.

If the executor possesses the firearm for more than 15 days without “lawfully disposing” of it, he may be criminally liable for that possession and he risks losing the illegally-possessed weapon altogether. “Disposing” of a firearm includes giving the weapon away, leasing it, selling it, offering it for sale, transferring it, or keeping it for sale under NY Penal Law § 265.00. Lawfully disposal of a firearm involves working with a licensed gun dealer to sell, give or otherwise transfer the weapon to someone who is licensed to own it.

Some guns are not considered “firearms” under NY Penal Law § 265.00, and thus they may be transferred freely, without a licensed gun dealer’s oversight. This includes rifles with barrels over 16 inches in length, shotguns with barrels over 18 inches in length, and antique firearms. Antique firearms are defined narrowly in New York state as “any unloaded pistol or revolver with a matchlock, flintlock, percussion cap, or similar type of ignition system, or a pistol or revolver which uses fixed cartridges which are no longer available in the ordinary channels of commercial trade.” All pistols and revolvers are “firearms.”

Another procedural hurdle for executors to consider is NY SCPA § 2509, which requires a separate “Firearms Inventory” be filed with the court to settle an estate of a decedent who owned firearms. This separate inventory was added by the SAFE Act, as another way to make sure the state can track firearms at every transfer. It is not a complex form, and is merely informational for the court, but does put another item on an executor’s to-do list.

These are some of the traps for the unwary in New York’s gun regulation laws, many of which were present before the SAFE Act. Let your intended executor know if you own a firearm, where it is kept and to whom you would like him to transfer it upon your death. Let him know if you have not properly registered the firearm, so that he can surrender it immediately and avoid criminal liability.

Talk to the intended recipient of the firearm about getting the proper license to own the firearm. Keep in mind that criminal convictions of serious crimes and felonies carry the additional consequences of prohibiting a defendant from obtaining a license to own a firearm, and from possessing any guns, including those that do not fall within the statutory definition of “firearm.” Most importantly, discuss gun-safety practices with both your executor and the intended beneficiary, especially addressing any safety practices that may be unique to your firearm.

Another vehicle that may avoid some, but not all, of the red tape may be a “Gun Trust,” which would own the firearms and allow multiple trustees to use the weapon, as long as each trustee is properly licensed and has not been convicted of any serious crimes. These trusts have been popular tools all over the United States to help simplify transfers of firearms under the National Firearms Act. However, it is not clear yet how gun trusts will be treated in New York state under the SAFE Act.

They may save some time and paperwork, but they cannot make an illegal firearm legal, and they do not allow an individual who is ineligible to own a firearm under the law magically eligible. Ultimately your communication, preparation and knowledge of the law will allow you to set your executor and beneficiaries up for a successful bequest.

Kate McCurdy is a Law Clerk at Boylan Code LLP. She recently graduated from University of Virginia School of Law and she anticipates admission to the New York State Bar in January 2016. She concentrates her practice in trusts and estates.
Link

quote:

Originally posted by Shaql:
I'm trying to find out what both the executor and the family member (in this case a Georgia resident) inheriting a non-nfa gun needs to do.

Can someone point me to where I can find a layman's explanation of what is required for a Georgia resident to take ownership of inherited guns after death in NYS?

Lets assume the Will has been submitted to the probate court prior to death.

Thanks in advance!

If you don’t mind me asking, whereabouts in NYS?

quote:

NY Penal § 265.20 lays out all “exceptions to possession,” meaning it designates when possession of a firearm is not a crime. An exception for executors and beneficiaries is specifically carved out in the provision. An executor or beneficiary may possess the firearm for up to 15 days without incurring liability for criminal possession of a firearm. During those 15 days, the executor or beneficiary must either dispose of it lawfully, as described below, or turn it over to the police by the end of the time period for safe keeping.

I don't see in 265.20 when specifically that 15 days starts, is it at the date of death, or 15 days from the date you are appointed an executor.

Most estates take at least 30 days for a court to issue the documents and Letter of Testamentary, naming the executor.

Presumption would be that the person named in the will to be appointed isn't technically the executor until the probate court appoints them.

Question for an attorney in NYS would be, when does the 15 day window start, at death or from appointment.

As normal laws formed by legislatures leave a lot of open area, and since it's a prosecutable offense, driving them out of the state and handing them to the beneficiary without following the statues could get the executor fined and jailed.

Seems like the best method is to turn them over with a list like the stature says to the police, then request them in writing so the executor can forward them.

Link to 265.20

quote:

Originally posted by HRK:
The presumption is that the possession is illegal

Boy, that's messed up.

Talk about 'shall not be infringed' being ignored.

The 15 days starts on the day of passing. To move the guns is easy. Whoever is in possession of them just has to take them to an FFL and have them shipped to your FFL. If it's a handgun it needs to go to the shipping FFL with a copy of the decedent's NY pistol Permit so it can be logged properly with the state police. If it's an AR type rifle it's treated the same as any other long gun and is shipped from a NY FFL to your FFL. Only NY FFL's with a NY Dealer license can handle AR type rifles. A Federal license lets us deal in long guns, we need a separate NY dealer license to deal in handguns and AR's.