doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com Question about my will and long guns

In my will, I have designated a friend to receive all my shotguns after my passing. This person is not a relative and lives in the same state. What are the legal aspects of "giving" shotguns away? Most of these guns were given to me by my dad long before the Feds got into the act of tracking gun purchases. But a couple were bought by me after that time and thus there is a record that I am the owner. My attorney seems to think there are no special legal issues involved. He says to just give all of them to my friend along with all my other effects.

I don't think there are any legal issues about giving guns away when you are alive as long as you are willing to ignore silly regulations that no one pays attention to anyhow. However, after you are dead and your friend is not your executor and the guns are not properly mentioned in the will, there is one legal issue. How does your friend get in the door if the executor doesn't want him in there? If, as you say, it is all in the will, everything should be without problems. I hope to have all my shotguns out of there by the day of my death. Maybe I'll keep one, just in case.

Dave: I'm not a lawyer, but I was PR for my dad's estate, and dealt a good deal with the attorneys regarding his personal property. I won't ask you how many guns you're talking about, but if there are 12 worth 30 grand, I'd say it's no big deal; 60 worth a half million dollars would be a very different matter, both from your heirs' standpoint and that of the attorneys. I'll bet they'd say there's a difference between giving an old friend "a few of my favorite bird guns and deer rifles," and giving him (or worse yet, her) a serious collection worth a substantial portion of your estate. My two cents. By the way, I wish I had a couple of pals like you. TT

I don't think there is any problem with your Will. I know of no impediment to passing your guns along by bequest to anyone you wish...Geo

It's the same issues as with sale of a given gun. Find out what the sale laws are in your state and you'll have a better idea of what your actions should be. I'd trust the reading from a gun dealer in your state on this, rather than a lawyer.

In Kalifoneya it's probably illegal to give your guns to anyone, even a relative, without the DROS and all that stuff including a 10 day wait.

We went through this in CA a few years ago when my father-in-law died. Answer at that time (2003) was that he could simply give the guns to immediate family (brother, children, etc.), but anybody else had to go through the FFL and DROS BS. With shops in my area charging between $85 and $125 per transfer, that can get expensive.

Might want to thin out your collection by Nov. 2008!

Well, as always, the issue is slightly more complicated than what I first posted. My wife's cousin is the executor of our will and the recipient of our modest estate since we have no children. However, I want a friend to have the guns, not her cousin. Not that I don't like him, it's just that he wouldn't use or appreciate the guns and my friend would. Both the friend and the cousin are in the same state. The number of guns is less than ten with a total value that might pay for a used car, mostly Belgian O/U shotguns in good condition. It's more of a sentimental thing and my wife is fine with my decision. Our attorney says rather than modify the will, I should just write two letters, one to my wife and one to her cousin, stating my wishes. I trust my wife and cousin to carry out my wishes.

In addition to the legal aspects of gun ownership and estate law, it's also a matter of timing. As eightbore says, I would hope to do this while I'm still here. If I get sick and am given a certain amount of time, I'll make the gift. If I go suddenly, then my wife will. If we pass together, then what? Her cousin has the letter and quietly slips the guns to my friend? It's sort of hard to predict the date and time of one's demise and I'm not ready to give them up yet.

And let's pray that the election of next year won't affect this; I shudder at the possibility.

Wills have to be probated. They are public documents. My assets including my home and it's contents are held in trust. I am the trustee, the alternate trustee takes over upon my death. The trust specifies which firearms go to my best friend and which ones go to my daughter. My best friend is the alternate trustee. The transfer never sees the light of day. Wills can be challenged, do yourself and your heirs a favor, get a trust.

I gave thirty of my guns to my three oldest children already along with safes to store them. They got to choose what they got and the choices surprised me somewhat. They went for family more than value or even utility. The younger two have to wait until they come of age to get their first ten. After my death they each get another ten guns which I am still holding for them, using and enjoying as I go. After that they entire accumulation, (collection), is to be sold and the money split up between the five of them. Each child has a trust for other property and this becomes par t of the funding of the trust. All this was done several years ago and is reviewed to make sure it is fair to all and still expresses my wishes.

Trust were the way to go several years ago and they seem to be still. But things change and you need to keep your plans current to your desires and they realities of newer tax and inheritance laws. As noted above 2008 will be another direction taken. But in the end all politicians pass like the fowl wind that brought them.