How to claim a firearm from a deceased brother
 

Guys I lost a brother April 5th He lived in the Modesto Calif. area. And I thought this area of the forum would be the best place to ask this. After the coroner decided he died of natural causes. The guns that were confiscated from his home are now in the custody of the sheriffs dept.. I have the case file # but I live in Wisc., I would like to have these guns shipped to my local FFL gun dealer here. What is the best way to make this happen? I really can't go to Calif. to claim these 5 guns and I want to make sure all firearms are released to me. Thanks for the guidance on this.

Re: How to claim a firearm from a deceased brother
 

Sportdog ,
I'm sorry for your loss and apologize in advance because I can't help. Calif. has such strange gun laws it's gonna take one of our California members who's really up on their laws to help you or you may have to contact a probate lawyer in the Modesto area.

Re: How to claim a firearm from a deceased brother
 

contact a Lawyer in your area to faciliate the transfer.

Re: How to claim a firearm from a deceased brother
 

Thanks for the advice, I guess a lawyer may be our only hope.

Re: How to claim a firearm from a deceased brother
 

First, have you contacted the law enforcement to see what they have to say about it? I would, before I spent money on anything. They may volunteer to send them to your ffl. You never know until you contact them and I see no harm that can come of it if you need a lawyer afterwards.
I too am sorry for your loss!

Re: How to claim a firearm from a deceased brother
 

First you need to find out if your brother left a will, or anything indicating who the guns should go to. Next, if he died intestate (no will), are you the only heir or are there others who might be able to make a claim on the guns? And who, if anyone, is the executor of his estate? Is there one?

There are specific ways to handle the transfer of any firearm, but machine guns are special. IF and that's an unknown, IF you are the only living heir, or his will left them to you, you will need to file a Form 5 with BATFE for a tax-free transfer to you. I'd really suggest contacting a lawyer about this. It can get pretty messy fast.

Re: How to claim a firearm from a deceased brother
 

The police had one of my guns for 4 years. Took me for ever to get it back. My wife's brother worked for the states attorney office and she called them. They called the sheriff and they released my gun.

Once they get there hands on a gun they don't want to let go. I should point out that no charges were filed and it was not needed for evidence in any case.

Re: How to claim a firearm from a deceased brother
 

Once they get a gun they REALLY don't want to give it back...It took me a lawyer to get mine and It was a BS reason they decided to take it in the first place. I got it back 4 months later after a Judge ordered the release of it.

Re: How to claim a firearm from a deceased brother
 

Normaly (lmao) In Ca , you would need a copy of the death cert and will . Then go to wherever they have them and take possesion of the weapons. They took my rifle once and then a month later gave it to my soon to be ex cause they said they had no room to store them and that they were hers too. A call is your best bet and Nor Cal is more gun friendly than so Cal but dont expect any favors from them.

Re: How to claim a firearm from a deceased brother
 

so did u get anywhere?

Re: How to claim a firearm from a deceased brother
 

I retained a lawyer from Cal. who is now working on getting the guns to me via a Cal. FFL gun dealer sending them to my WI. FFL gun dealer.

Re: How to claim a firearm from a deceased brother
 

hope it works out

Re: How to claim a firearm from a deceased brother
 

So do I it wouldn't be right not to see the guns given to surviving family members!

Re: How to claim a firearm from a deceased brother
 

Im glad it's looking better.I hope the best for you

Re: How to claim a firearm from a deceased brother
 

I just want what was left to the family to go to the family not destroyed by a police dept. because we didn't put forth the effort.

Re: How to claim a firearm from a deceased brother
 

Best of luck. It should work out. Some people don't understand how much a firearm can mean to a family. Its like part of the person we lost.

Re: How to claim a firearm from a deceased brother
 

let us know how it eventually works out.

Re: How to claim a firearm from a deceased brother
 

I will let you know, thanks for your help & support.