Inherited handgun Qs


joesmo

New member
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.
 

DarrellM5

New member
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.
 

NavyLCDR

New member
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/statelaws/28thedition/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.
 

LVLouisCyphre

Obama is a mack daddy!
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 The safety inspection (i.e. handgun registration) was repealed effective Jan 7, 2009 so it does not need to registered.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BTW, NavyLT, the BATFE links for State laws is about two years out of date.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 That was repealed effective Jan 7, 2009.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.
 

joesmo

New member
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.
 

LVLouisCyphre

Obama is a mack daddy!
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.
 

joesmo

New member
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>.
 

ricbak

New member
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?

FWIW, I am in Michigan.

We had to check a 9 shot H&R Revolver after my dad died years ago. Back Then, The local LEO's did "Safety Inspections" on that revolver that amounted to nothing more than checking the numbers against the data bases. Mom had to write a letter stating the reason for transfer.
The Safety Inspection was scapped last year. Start by calling an Attorney first. Mich Firearm laws can be downloaded from the State Police Site. http://www.legislature.mi.gov/documents/publications/firearms.pdf
And are a substitute for qualified legal advise.
 

FN1910

New member
You cannot keep that gun under any circumstances and must get rid of it immediately by sending it to me to dispose of properly.


I really do not know what you have to do in MI and hate those BS laws about inherited guns and registration ion general. My Father-in-law had a L C Smith SxS shotgun and lived in another state. When he died there was talk about how to transfer it to me living in SC. I told the that the best way to transfer it to me was for me to pick it up, put it in the trunk of my car and drive home. Screw all that paperwork. There is no registration in SC especially for a shotgun and I sure wasn't going to pay two FFL's to have it shipped.
 

LVLouisCyphre

Obama is a mack daddy!
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?
You don't need to do anything. It's what your spouse has 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.
CPL holders are exempt from purchase licensing.
I don't know why the estate cannot transfer it to me, but I keep getting more confused. <g>.
Because the handgun was willed to your spouse and not you. If the probate judge or executor of the will allows you to take possession of the firearm instead of your spouse then I imagine it would be legal as the firearm would be essentially willed to you and not your spouse. That's a probate law issue best addressed by a probate attorney.

The issue is that the firearm was willed to your spouse, not you. Your spouse needs the license to possess or purchase to be 100% within MI law to accept the firearm willed to her. She then can give it to you. It would also be in your household's best interest if she got her MI CPL so she could take custody of your handguns should anything happen to you without having to worry about any MI purchasing/possession licensure issues.
 

joesmo

New member
You don't need to do anything. It's what your spouse has to do.
.....The issue is that the firearm was willed to your spouse, not you. Your spouse needs the license to possess or purchase to be 100% within MI law to accept the firearm willed to her. She then can give it to you. It would also be in your household's best interest if she got her MI CPL so she could take custody of your handguns should anything happen to you without having to worry about any MI purchasing/possession licensure issues.

I think I am FINALLY starting to understand. Since she will not get a cpl, i think one option is:

1) Have her get a purchase permit, and then the handgun is basically hers. I believe I have the ability to carry this handgun under my CPL (i believe I can carry handguns that are not mine).

2) Find out if I can have the executor of the will just assign it to me.

We will be talking to his/our attorney about his estate soon, i will put this on the list.

OK, one last stupid question. If as a CPL holder I can carry someone elses handgun, then I can carry a dead persons handgun without doing anything?
 

LVLouisCyphre

Obama is a mack daddy!
I think I am FINALLY starting to understand. Since she will not get a cpl, i think one option is:

1) Have her get a purchase permit, and then the handgun is basically hers. I believe I have the ability to carry this handgun under my CPL (i believe I can carry handguns that are not mine).
Yes
2) Find out if I can have the executor of the will just assign it to me.
Yes
We will be talking to his/our attorney about his estate soon, i will put this on the list.

OK, one last stupid question. If as a CPL holder I can carry someone elses handgun, then I can carry a dead persons handgun without doing anything?
Since the safety inspection (i.e. defacto handgun registration) law was repealed, I don't believe it's an issue anymore.

Any time you deal with a non-FFL transfer, you should as a legal CYA tactic be able to prove where you acquired a firearm from in case it turns up as stolen or wanted by LEOs for some reason. The will and probate case will be your proof the firearm was conveyed to your spouse or you legally and in good faith.
 

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