Inherited handgun Qs
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Inherited handgun Qs

This is a discussion on Inherited handgun Qs within the Handgun Discussion forums, part of the Handguns category; My wife received her fathers handgun after his passing. It is a S&W revolver, 5 shot, 38 special, 1.5" barrel. ...

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    Default Inherited handgun Qs

    My wife received her fathers handgun after his passing. It is a S&W revolver, 5 shot, 38 special, 1.5" barrel. it is definately not new.

    My Q's:

    First: No one knows if her dad registered the handgun, he could have had it for 30yrs (more or less). What is the preocess of registering this? Do I even have to?

    Second Q. Is there any way of determining the age of the handgun?

    I don't know if there is a "model" of this handgun, I will have to do some digging. thought I would start here.

    FWIW, I am in Michigan.

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    I'm not sure about your state laws, so I can't answer the part about registration.

    As for determining the age, you might find the answer using Google, or you could send S&W and email (or call them). All they would need is the serial number.

    I called Savage to find out when my Model 110 rifle was made and they were very helpful.
    "When the outflow exceeds the inflow, the upkeep becomes the downfall"

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    I think it is 1969. It is a "Chiefs Special".

    thanks!

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    It looks like you need to obtain a license to purchase, carry or transport a pistol from your local LEO agency.

    http://www.atf.gov/firearms/statelaw...n/michigan.pdf

    Specifically, section 28.422, paragraph 7.

    (7) This section does not apply to the purchase
    of pistols from wholesalers by dealers
    regularly engaged in the business of selling pistols
    at retail, or to the sale, barter, or exchange
    of pistols kept as relics or curios not made for
    modern ammunition or permanently deactivated.
    This section does not prevent the transfer of
    ownership of pistols that are inherited if the license
    to purchase is approved by the commissioner
    or chief of police, sheriff, or their authorized
    deputies, and signed by the personal representative
    of the estate or by the next of kin having
    authority to dispose of the pistol.

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    netentity's Avatar
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    You need a license to possess or purchase if your spouse doesn't have a valid MI CPL per MCL 28.422. The safety inspection (i.e. handgun registration) was repealed effective Jan 7, 2009 so it does not need to registered.

    You are exempt from the GCA68 as it's an estate or probate transfer, so no FFL needs to be involved at the federal level, intrastate or interstate.

    For a fee, you can find out the history of the firearm from Smith & Wesson directly.

    BTW, NavyLT, the BATFE links for State laws is about two years out of date. It still has the MCL for handgun safety inspections which is MCL 28.429. That was repealed effective Jan 7, 2009. BATFE only updates that book every two to three years.
    Know the law; don't ask, don't tell.
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    Maybe it's a S&W Model 36. Here is a good web site for that model.

    Model 36 "Chief's Special" Smith & Wesson .38 Special Snubby

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    PM me wth the model number and serial number and I can look it up in my S&W book.
    USAF Retired, CATM, SC CWP, NH NR CWP, NRA Benefactor
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    Quote Originally Posted by netentity View Post
    You need a license to possess or purchase if your spouse doesn't have a valid MI CPL per MCL The safety inspection (i.e. handgun registration) was repealed effective Jan 7, 2009 so it does not need to registered.......
    1) License to possess or purchase? So if I have a CPL, are you saying that I have to do some paperwork? I'm not clear what you are saying.

    2) So if I purchase a handgun at Cabellas today, I no longer have to take it into my local police department?

    these statements predicated on living in Michigan and having a CPL.

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    Quote Originally Posted by joesmo View Post
    1) License to possess or purchase? So if I have a CPL, are you saying that I have to do some paperwork? I'm not clear what you are saying.
    Your spouse should have the CPL, if she doesn't then she needs to get a license to purchase or possess. It was willed to her, not you. MI isn't a community property State so I don't know if it's legal for you to take possession of the firearm and bypass the need of her getting a license to purchase or possess. If you have a CPL, you do not need a license to purchase or possess. That is a question I would pose to the probate attorney handling your late father-in-law's estate.
    2) So if I purchase a handgun at Cabellas today, I no longer have to take it into my local police department?
    Nope, the MI handgun safety inspection (i.e. registration) law was repealed on Jan 7, 2009.
    Know the law; don't ask, don't tell.
    NRA & UT Certified Instructor; CT, FL, NH, NV, OR & UT CCW Holder
    Happy new 1984; 25 years behind schedule. Send lawyers, guns and money...the SHTF...

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    Thanks to all, this is a huge source of help, and I really appreciate it. I apologize if my next questions show my ignorance, but I just want to make sure I do things right.

    So now that the safety inspection is no longer required in Michigan, and I am a resident and CPL holder in Michigan, what do I need to do? I guess i'm confused because I don't need a purchase permit with the CPL, I only had to take it in for a safety inspection.

    Maybe there was a step in there I forgot.

    I guess I can just go to my local police department and ask, but would rather not go into a situatino totally ignorant. thanks again.


    I don't know why the estate cannot transfer it to me, but I keep getting more confused. <g>.

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