Giving Guns to My Children

[Poor Poor Fisherman]

Hope that this is the right forum for this question. If not, please advise me as to where I should make this post.

I just had my Will re-written and updated. One item I included was dividing and giving or Willing my guns and ammo to my 4 children. They will each receive more than one firearm and for each, it will include at least one pistol.

My concern: What are the legal considerations that they will need to consider and deal with at my passing and when they take possession of these firearms? Two children live in Georgia, one is in South Carolina and one is in Arizona. Obviously all are gun friendly states.

Thanks for any insights that you can offer give me!

 

[lagrangedave]

How many of these guns do you use on a regular basis? How old are you? I sent all my sisters grand children guns this Christmas. I don’t trust probate and would leave them out of a will.

 

[nmurph]

How soon do you plan to die? Only the laws in effect at the time of your demise will matter.

 

[transfixer]

My stepson knows that if something happens to me he is to come to the house as soon as he is able and retrieve all my firearms, he has keys to my house and my gun safe, He has a written note signed and dated by me to that effect, As of yet I haven't made a current will, I don't want to burden him or my stepdaughter with being the executor, ( I've been an executor 3 times , its a pain ) I need to meet with a lawyer to discuss how to do this.

 

[280 Man]

IMO, if you want someone to have something it's better to give it to them while alive! That way you know they received it!

Too many times things simply disappear into oblivion after the death of someone.

Case in point, my grandmother had hundreds of Morgan silver dollars. She would get some of them out and let me look at them when I would go see her! I loved those things, don't know why but I did!

She knew I liked "old money" and none of the other grand kids cared about them so she said when she died I could have them all! Guess what, when she died they suddenly disappeared and no one knew what happened! Pfffft, no one knew my foot!

When someone dies most family members gather like a bunch of vultures sitting on a fench!

 

[hdgapeach]

Ain't nothing like a family member being appointed executor to bust a family all to pieces (lol)! ................ask me how I know

I've been there and done it. Now my brother is doing it for our uncle's estate. Seems like it takes FOREVER to get it all done and over with.

 

[Robert28]

I agree with those that said give the guns to them NOW if you want them to have them. My dad was leaving me his guns when he passed and his family stole them. Had to be while he was in the hospital because I went to his house the day after he passed and they were gone.
Also, write down the make and serial number of every gun you have and give to your kids. That way if something happens to them after you’re gone, they can report the guns stolen and some shady pawn shop will be in a whole bunch of hot water by having a stolen gun in their inventory. Or worse if they’ve sold a stolen gun. Wish I’d done that because I suspect that’s where my dads guns ended up, a pawn shop.

 

[Lilly001]

In state gifts are easy. Out of state usually are governed by the recipients home states laws.
Some states treat bequeathed arms different.
My wife or Son get mine and I’ve educated them on how to sell them if they desire.
Right now I’m seriously looking at thinning the heard while I’m alive.

 

[Dub]

I wish I could answer the riddle why families seem to come together and play nice at weddings & childbirths, but devolve when members pass away.

It's a sad but oft repeated process that most of us have experienced at some time or another.

51 years old now....and just got around to getting my will, living will, power of attorney and other similar documents completed and filed with court and stored properly.

Last thing I want when I pass is my survivors having to deal with anything that could lead to dissension or arguments.

I respect what you are doing @Poor Poor Fisherman

Hopefully you will be able to plan well and have your wants carried out according to your wishes.

@Lilly001 hit on a key point for me. There is no telling where my son will move for work in his young life. No telling. Having those guns go to him may be restricted by his current state's political situation.

Lord knows I pray we get Trump re-elected and can set up things favorably for 2nd Amendment protection, appoint more SCOTUS members, and groom a proper Presidential candidate for the next go'round.

 

[transfixer]

I will give my guns to my stepson/stepdaughter if I am aware that my time is coming, not there yet,, I'm just thinking about something unforeseen taking me out without prior notice.

 

[Dub]

I will give my guns to my stepson/stepdaughter if I am aware that my time is coming, not there yet,, I'm just thinking about something unforeseen taking me out without prior notice.

Agreed, man.


I was putting it off....didn't want to think about it or deal with it. Recent family health events have me finally acknowledging that the only known is.....the unknown, lol.

Having faith helps stress from the uncertainty more acceptable.

 

[Poor Poor Fisherman]

Dang!! I really appreciate your responses!! And I too have seen how family members will step in and rip off a deceased person’s valuables. Maybe we all think that it wouldn’t happen in our own family but it only takes one individual to screw everything up for everyone else. You‘ve got me reconsidering how to deal with my firearms and some other valuables As well. At my age and prior health issues, I probably need to decide pretty soon.

Thanks to all who responded!

 

[Railroader]

First of all, the H.E. double hockey stix with legality, or allowing anything like guns, ammo, coins, favorite gear or whatever wind up being probated, or argued over.

Some old guys I have known have thinned the herd by giving things to people while they can still be around to enjoy the fact they gave it.

Some have had sales, and put the cash away for grandkids....

Lotsa ways to pluck a buzzard....

One guy I knew threw a big BBQ/keg party that went on all weekend, and auctioned off enough gear to buy his wife a new car...

 

[Quepos1]

For those of you who do not have a will it is understandable but it is also selfish. Everyone who owns anything should have a detailed will that is very specific as to what you want. DO NOT simply leave a note or letter saying "I want James to have my shotguns", that will be very hard to enforce even if "James" is your son.

Spend the few hundred bucks it takes to have a lawyer draw one up and personally I would never have a relative, especially an heir, act as executor of my will. I have my personal attorney so designated with specific fees for handling it.

 

[lampern]

Federal law prohibits transferring guns to out of state residents except for federal license holders

 

[transfixer]

For those of you who do not have a will it is understandable but it is also selfish. Everyone who owns anything should have a detailed will that is very specific as to what you want. DO NOT simply leave a note or letter saying "I want James to have my shotguns", that will be very hard to enforce even if "James" is your son.

Spend the few hundred bucks it takes to have a lawyer draw one up and personally I would never have a relative, especially an heir, act as executor of my will. I have my personal attorney so designated with specific fees for handling it.

I agree, my only issue with that is how to find a lawyer that is trust worthy, I've dealt with a few in my time, and can't say I would completely trust any of the ones I've dealt with, in my case I don't have any direct heirs, and no one knows what firearms I have other than my stepson, who is in law enforcement, not knowing what the circumstances will be at whatever time I pass on, both he and my stepdaughter have keys to my house and know what to do. I am going to see a lawyer about the best way to handle my situation, currently checking with friends about lawyers they may have used and trust. I've been an executor 3 times in my life, and dealt with lawyers in all 3 cases, I can't say I would trust any of the ones I dealt with to handle my estate .

 

[LittleDrummerBoy]

A better plan would be to use private transfers, with as little paper trail as possible, and to transfer as much as possible prior to one's actual demise. The main goal is that the valuable items, which may one day be considered contraband, remain in the use of one's descendants. This may be better served as discretely as possible and with no more notification of third parties than absolutely necessary.

 

[transfixer]

Personally I wouldn't worry about transfers, with all the guns that are bought,sold and traded between individuals I would imagine there are plenty that were initially bought in other states that are no longer in the original state, most of my firearms are private sale acquired , with no paperwork, I have always preferred that, I seldom buy anything requiring a 4473, I generally won't purchase a firearm from anyone that requires a bill of sale , I've only done that a couple of times, for guns I really wanted and couldn't find otherwise, the government doesn't need to know what I have, or what I give to someone.

 

[krizia829]

If you have guns you don't really use anymore but would really like for them to have, I suggest you leave it out of the will and give it to them while you're still on this earth.. My grandfather (still alive) has given me 2 of his firearms and 1 new one he got me for my 15th birthday and I have such sentimental attachment to them simply because he gave them to me in person. Plus, you will see the enjoyment first hand rather than hope they do in fact get it. Unfortunately, guns are like money when it comes to a will.. Everyone is waiting to get their hands on them the second you leave this earth.. I hope your children get them and continue to pass it on to the next generation!

 

[280 Man]

Personally I wouldn't worry about transfers, with all the guns that are bought,sold and traded between individuals I would imagine there are plenty that were initially bought in other states that are no longer in the original state, most of my firearms are private sale acquired , with no paperwork, I have always preferred that, I seldom buy anything requiring a 4473, I generally won't purchase a firearm from anyone that requires a bill of sale , I've only done that a couple of times, for guns I really wanted and couldn't find otherwise, the government doesn't need to know what I have, or what I give to someone.

I agree 1000 percent