How to claim a firearm from a deceased brother

Discussion in 'NFA Firearms & Related Items' started by Sportdog7, May 3, 2012.

  1. Sportdog7

    Sportdog7 New Member

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    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.
  2. permafrost

    permafrost Active Member

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    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.
  3. hunter29180

    hunter29180 Well-Known Member

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    contact a Lawyer in your area to faciliate the transfer.
  4. Sportdog7

    Sportdog7 New Member

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

    RockinRiley New Member

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    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!
  6. medalguy

    medalguy Member

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    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.
  7. gvw3

    gvw3 Well-Known Member Supporting Member

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    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.
  8. 3/2 STA SS

    3/2 STA SS Active Member

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    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.
  9. dad2thebone

    dad2thebone New Member

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    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.
  10. BETH

    BETH Well-Known Member

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    so did u get anywhere?
  11. Sportdog7

    Sportdog7 New Member

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    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.
  12. BETH

    BETH Well-Known Member

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    hope it works out
  13. Sportdog7

    Sportdog7 New Member

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    So do I it wouldn't be right not to see the guns given to surviving family members!
  14. dad2thebone

    dad2thebone New Member

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    Im glad it's looking better.I hope the best for you
  15. Sportdog7

    Sportdog7 New Member

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    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.
  16. gvw3

    gvw3 Well-Known Member Supporting Member

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    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.
  17. soundguy

    soundguy Well-Known Member

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    let us know how it eventually works out.
  18. Sportdog7

    Sportdog7 New Member

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