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Reclaiming a pistol from a gunsmith as an heir

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JERSEY BOB

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Discussion starter · #1 ·
The title says it all.

My brother died a while back. Today I got a call from a friend of his, who had gotten a call from a gunsmith in Pa. they both used.

My brother had some guns in the shop when he passed, and I never found a receipt of any kind. The gunsmith was kind enough to check on the guns, and I learned of why I'd found the magazines but didn't have guns to go with them.

Now here's the problem:

I'm an NJ resident, I have a FID and driver's license that match, I'm eligible to buy a firearm, yada yada.
I have my brother's death certificate and my appointment by the court as his trustee to handle his final matters, including handling his property.

DO I need a NJ pistol purchase permit to reclaim a pistol from a gunsmith on behalf of a deceased family member who left the gun at a gunsmith in Pa.?


Why isn't my life ever simple?
 
#2 ·
JERSEY BOB said:
The title says it all.

My brother died a while back. Today I got a call from a friend of his, who had gotten a call from a gunsmith in Pa. they both used.

My brother had some guns in the shop when he passed, and I never found a receipt of any kind. The gunsmith was kind enough to check on the guns, and I learned of why I'd found the magazines but didn't have guns to go with them.

Now here's the problem:

I'm an NJ resident, I have a FID and driver's license that match, I'm eligible to buy a firearm, yada yada.
I have my brother's death certificate and my appointment by the court as his trustee to handle his final matters, including handling his property.

DO I need a NJ pistol purchase permit to reclaim a pistol from a gunsmith on behalf of a deceased family member who left the gun at a gunsmith in Pa.?


Why isn't my life ever simple?
Click to expand...
No P2P but they must go through FFL
 
#3 ·
Buy it from the store for what's owed on the gunsmith bill. Have him ship it to an Nj FML dealer . Apply for your permit and you're golden ..So sad that's what has to happen
 
#5 ·
as the trustee of the estate you should be able to take possesion with that authority and the death cert. Now if you are looking to possess the guns you would need to purchase from the estate and hence would need a permit to purchase......imho.
 
#6 ·
Hmmm If your brother shipped the gun to him for repair. And if the Smith is an FFL he records the possession in his Bound Book. After he repairs it he then logs "Returned to owner" in his Bound Book. No permits or NICS needed to return. Now you are the owner and I think he can just ship it to you.

But this is only my opinion. The Smith should know how it works. He does this all the time. What did he tell you?
 
#8 ·
An heir and trustee are two different things. As an in heir they are yours but if out of state must go through FFL. As trustee and out of state they still must go through FFL and then be properly disposed of or transferred, even if to you
 
#9 ·
According to the state if the guns origin started in NJ and they were not entered into the gunsmiths bound then no FFL transfer is needed Just the pistol permit filled out that you are purchasing them from the estate. If your brother was a PA resident and the guns were purchased in PA prior to him passing than an FFL will be needed to properly transfer them to you along with any pistol permits needed. I just performed a transfer for a father and daughter where the dad is a PA resident and gifted the pistol to his daughter. The pistol was brought to me by the dad entered into my book and then signed out to the daughter on her pistol permit. NICS will still have to be done. If the gunsmith took the gun and entered it into his bound book in order to get it back to NJ it will need to be shipped to an FFL and all paperwork done at that location. Yesterday I had a customer buy a pistol in PA and had it shipped to my shop were we completed the paperwork. Hope this helps
 
#10 ·
NJFlyfisherman said:
According to the state if the guns origin started in NJ and they were not entered into the gunsmiths bound then no FFL transfer is needed Just the pistol permit filled out that you are purchasing them from the estate. If your brother was a PA resident and the guns were purchased in PA prior to him passing than an FFL will be needed to properly transfer them to you along with any pistol permits needed. I just performed a transfer for a father and daughter where the dad is a PA resident and gifted the pistol to his daughter. The pistol was brought to me by the dad entered into my book and then signed out to the daughter on her pistol permit. NICS will still have to be done. If the gunsmith took the gun and entered it into his bound book in order to get it back to NJ it will need to be shipped to an FFL and all paperwork done at that location. Yesterday I had a customer buy a pistol in PA and had it shipped to my shop were we completed the paperwork. Hope this helps
Click to expand...
Correct. An expanded explanation of my post above. Thank you
 
#13 ·
Sorry about your brother. I believe because you are in NJ and the owner (your brother's estate) is in PA. You are talking about an interstate transfer of a handgun. Federal law requires that the transfer of ownership occurs through an FFL. An FFL in PA needs to transfer it to an FFL in NJ and then you can take ownership from there. Because it's NJ at that point I believe permits would be required and you would be subject to the 30 day rule. Like others have said and I would agree, don't get your legal advice from the internet though. Under the circumstances a call to a guy like Evan Nappen is probably a good idea. You mentioned magazines, just make sure your under the 15 round limit too.
 
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