[kwhite310]

Hello All,

first time post... weird question.

A friend in high school lend me his shotgun before leaving to the navy.
He was discharged and brought up on felony charges not long after he left...
The gun remained in my possession for several years (the owner and myself remained in contact every 6 months to a year, he had no problem with me still having the weapon)
The last time we spoke was just over 8 months ago, i just found out that he recently passed away.
What do i need to do with the shotgun? Do i need to transfer the weapon, is it even possible since he has passed? He was a young guy, not married, no kids.
Would his parents/Sister inherit the gun?

I cant seem to find anything that helps from basic searches on the internet.

Thank you for your help/advice

 

[CMonster]

It depends on the state you live in. Best bet would be to consult an attorney who deals with firearms laws in your state.


In practical terms, it is yours, but in your shoes I would contact his family and let them know the situation.

 

[Gunrnr]

Welcome to NGF. When you get a minute, stop by the "New Members" forum and say hi.

In most states, the shotgun would be given to the estate of the deceased. I hesitate to give you a definitive answer because some highly-regulated states require more paperwork than others and you didn't identify where you are and whether or not you are in the same state at the deceased.

Your best bet, in order to safeguard both your own legal position and to ensure the shotgun goes to whom it should, would be to contact an attorney.

BTW, kudos to you for being a stand-up person and trying to get the firearm back to the family. Many people would just keep it or rely on the family to contact them.

 

[kwhite310]

Oh! i forgot to mention... I am in CALIFORNIA

 

[Gunrnr]

Oh! i forgot to mention... I am in CALIFORNIA

Attorney, for SURE.

CA has such restrictive gun control laws that I, as an FFL, refuse to even transfer firearms to customers in that state. I'm hardly alone in that refusal, either.

 

[Popeye]

Until 1-1-2014 the state of California does not keep record of long gun transfers.

You have several options.

Shut up and keep the shotgun.

Contact the family and comply with their wishes.

Return the shotgun to the Executor of the Estate and let him/her deal with it. (This is the legal thing to do.)

 

[kwhite310]

Update...

So i decided to contact the family and see what they wanted to do, after all this was my friend and stealing from him after he passed seems pretty unethical...
To my surprise they were very happy i wrote to tell them and told me to keep the gun!
This leads me to a couple new questions-

1. Seeing that this guy got a felony after giving me the gun- what happens to the gun ownership, does a transfer need to still take place or do i assume ownership?

2. If a transfer does need to take place and he is now dead can his father sign the transfer?

3. Do i even need to have the gun in my name? I'm not very knowledgeable on gun laws just yet but it seems that shotguns don't require the same kind of registration as handguns.

I realize i might have to just consult an attorney but just thought to ask anyways.

Thanks for your help!

 

[Gunrnr]

It's yours. Period. If the family gives you a statement to that effect that would be good, but as Popeye says, you want to get that taken care of TODAY!

Otherwise, enjoy your new gun. You did the right thing and it is yours.

You received it prior to the CA law change, so there shouldn't be any further paperwork.

 

[Popeye]

So i decided to contact the family and see what they wanted to do, after all this was my friend and stealing from him after he passed seems pretty unethical...
To my surprise they were very happy i wrote to tell them and told me to keep the gun!
This leads me to a couple new questions-

1. Seeing that this guy got a felony after giving me the gun- what happens to the gun ownership, does a transfer need to still take place or do i assume ownership?

2. If a transfer does need to take place and he is now dead can his father sign the transfer?

3. Do i even need to have the gun in my name? I'm not very knowledgeable on gun laws just yet but it seems that shotguns don't require the same kind of registration as handguns.

I realize i might have to just consult an attorney but just thought to ask anyways.

Thanks for your help!

1. No transfer is necessary. Its your shotgun.

2. See 1.

3. No.


Enjoy your shotgun.

 

[Gunrnr]

yo...kwhite...kin I borrow yer shotgun?