How to claim a firearm from a deceased brother - The Firearms Forum

Sportdog7 · 05-03-2012, 05:12 AM

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.

permafrost · 05-03-2012, 08:23 AM

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.

hunter29180 · 05-03-2012, 05:30 PM

contact a Lawyer in your area to faciliate the transfer.

Sportdog7 · 05-03-2012, 05:34 PM

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

RockinRiley · 05-03-2012, 07:05 PM

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!

medalguy · 05-04-2012, 01:31 AM

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.

gvw3 · 05-04-2012, 08:33 AM

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.

3/2 STA SS · 07-11-2012, 02:25 PM

Quote:

Originally Posted by gvw3

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.

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.

dad2thebone · 07-11-2012, 02:51 PM

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.

BETH · 07-11-2012, 03:21 PM

so did u get anywhere?

Sportdog7 · 07-11-2012, 05:04 PM

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.

BETH · 07-11-2012, 05:24 PM

hope it works out

Sportdog7 · 07-11-2012, 05:31 PM

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

dad2thebone · 07-11-2012, 05:49 PM

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

Sportdog7 · 07-11-2012, 06:04 PM

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.

gvw3 · 07-12-2012, 01:18 PM

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.

soundguy · 07-12-2012, 01:59 PM

let us know how it eventually works out.

Sportdog7 · 07-12-2012, 05:27 PM

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

05-03-2012, 05:12 AM	#1
Sportdog7 V.I.P. Member Join Date: Mar 2012 Posts: 65	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. -->

05-03-2012, 08:23 AM	#2
permafrost Advanced Senior Member Join Date: Feb 2010 Location: Oklahoma, USA Contributor Posts: 1,777	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. __________________ Stand and Fight

05-03-2012, 05:30 PM	#3
hunter29180 Advanced Senior Member Join Date: Jan 2011 Location: in a motorhome where ever we park! Contributor Posts: 1,639	Re: How to claim a firearm from a deceased brother contact a Lawyer in your area to faciliate the transfer. __________________ As I get Older, I have come to understand why our Founding Fathers chose our countrys motto to be "IN GOD WE TRUST", somehow they knew in the future WE would come to the point that WE COULD NO LONGER TRUST THE ONES WHO RUN IT!

05-03-2012, 05:34 PM	#4
Sportdog7 V.I.P. Member Join Date: Mar 2012 Posts: 65	Re: How to claim a firearm from a deceased brother Thanks for the advice, I guess a lawyer may be our only hope.

05-03-2012, 07:05 PM	#5
RockinRiley V.I.P. Member Join Date: Feb 2011 Posts: 142	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!

05-04-2012, 01:31 AM	#6
medalguy Senior Member Join Date: Feb 2009 Posts: 585	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.

05-04-2012, 08:33 AM	#7
gvw3 Advanced Senior Member Join Date: Oct 2011 Location: Chicago IL Area Contributor Posts: 3,471	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. __________________ Criminals advocate stronger gun laws to foster a safer work environment. This limits their exposure to risk.

07-11-2012, 02:51 PM	#9
dad2thebone Advanced Senior Member Join Date: Jul 2011 Posts: 1,357	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. __________________ 9-11-01 we will never forget.And then we have dec 7 now it's Nov 6th all sad days for our country. And dont whizz on my leg then tell me it's raining.

07-11-2012, 03:21 PM	#10
BETH Advanced Senior Member Join Date: Jul 2009 Location: naugatuck,Ct. Contributor Posts: 6,686	Re: How to claim a firearm from a deceased brother so did u get anywhere?

07-11-2012, 05:04 PM	#11
Sportdog7 V.I.P. Member Join Date: Mar 2012 Posts: 65	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.

07-11-2012, 05:24 PM	#12
BETH Advanced Senior Member Join Date: Jul 2009 Location: naugatuck,Ct. Contributor Posts: 6,686	Re: How to claim a firearm from a deceased brother hope it works out

07-11-2012, 05:31 PM	#13
Sportdog7 V.I.P. Member Join Date: Mar 2012 Posts: 65	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!

07-11-2012, 05:49 PM	#14
dad2thebone Advanced Senior Member Join Date: Jul 2011 Posts: 1,357	Re: How to claim a firearm from a deceased brother Im glad it's looking better.I hope the best for you __________________ 9-11-01 we will never forget.And then we have dec 7 now it's Nov 6th all sad days for our country. And dont whizz on my leg then tell me it's raining.

07-11-2012, 06:04 PM	#15
Sportdog7 V.I.P. Member Join Date: Mar 2012 Posts: 65	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.

07-12-2012, 01:18 PM	#16
gvw3 Advanced Senior Member Join Date: Oct 2011 Location: Chicago IL Area Contributor Posts: 3,471	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. __________________ Criminals advocate stronger gun laws to foster a safer work environment. This limits their exposure to risk.

07-12-2012, 01:59 PM	#17
soundguy Advanced Senior Member Join Date: May 2012 Location: florida Contributor Posts: 4,746	Re: How to claim a firearm from a deceased brother let us know how it eventually works out.

07-12-2012, 05:27 PM	#18
Sportdog7 V.I.P. Member Join Date: Mar 2012 Posts: 65	Re: How to claim a firearm from a deceased brother I will let you know, thanks for your help & support.