Welcome to MGO's Internet Discussion Forums…Please Consider Becoming a Dues-Paying Member of the ORG…Click >>>>>HERE<<<<< for more info…………****DONATIONS**** can also be made toward MGO's Legal Defense Fund and/or MGO's Forums >>>>>HERE<<<<<

Firearms Legal Protection

Page 1 of 2 12 LastLast
Results 1 to 10 of 13

Thread: Inheriting guns

  1. #1
    I am a Forum User
    Join Date
    Feb 2009
    Location
    SE Oakland County
    Posts
    39

    Inheriting guns

    A friend (really!) recently lost a family member who did not live with them, and who owned firearms: handguns, rifles and shotguns. What is the procedure for them to legally take physical possession, and ultimately ownership, of the firearms? The deceased had a CPL and all items were legal and registered. The family inherits all of the items, but no one else in the family has a CPL, nor any license to own any guns (but not opposed to doing so now). A family lawyer, not familiar with gun laws, suggested going to the police and asking them what to do. Before doing that, I offered to ask here on their behalf.

    Questions:
    1) What procedure should be followed as to removing the firearms and ammunition from the decedent's home?
    2) Can they be transported by just anyone, presuming they are of legal age? Or should a friend with a CPL assist?
    3) Can they legally be stored in the heir's home, or should a friend with a CPL assist?
    4) How does one legally transfer ownership of the weapons?

    Thank you in advance for any assistance.

  2. #2
    I am a Forum User
    Join Date
    Mar 2013
    Location
    Downriver
    Posts
    1,073
    Please read this sticky post from this sites Legal Beagle section
    https://www.migunowners.org/forum/sh...on-after-death

  3. #3
    I am a Forum User
    Join Date
    Jun 2015
    Location
    Kalamazoo
    Posts
    14
    edit: looks like the topic was already discussed. My bad

    Not a lawyer but:
    Long guns in MI are not registered. They can be sold to anyone of legal age. They have no record of ownership other that the initial 4473 transaction record. Anyone can transport this unloaded and according to MSP.

    Handguns are different. They are registered to the owner in the state of MI. They can only be transported by the legal owner in accordance with MSP rules (unloaded and away from occupants of the car) UNLESS transported by a CPL holder. In the case of a CPL holder, it can be anywhere in the vehicle in any condition (lets try and be smart about this and not put it on the dash). It doesn't have to be registered to the CPL holder as a CPL holder can have possession of any pistol.

    I'm not sure about the whole who gets the guns after they pass though. I would assume it would follow all other assets of an estate: spouse, children... ect. A death certificate would be needed to prove the death.

  4. #4
    All I needed was a death certificate to register my father's guns.

  5. #5
    MGO Member qz2026's Avatar
    Join Date
    Nov 2012
    Location
    Gaylord, MI
    Posts
    186
    I inherited my father's WWII .38 special carry pistol. A beautiful Colt. This pistol had been floating around the family for decades and no one had a permit. When I finally got the pistol, I called the Sheriff and asked what procedure I should follow to register it. He said to bring the pistol information (never, never take such a pistol to the Sheriff's Department. They have every legal right to confiscate it) and my father's death certificate in which I did. We filled out the proper paperwork, and done deal.
    Don't change them - leave them as they were...

  6. #6
    I am a Forum User
    Join Date
    Aug 2011
    Location
    belleville
    Posts
    9,340
    Quote Originally Posted by qz2026 View Post
    I inherited my father's WWII .38 special carry pistol. A beautiful Colt. This pistol had been floating around the family for decades and no one had a permit. When I finally got the pistol, I called the Sheriff and asked what procedure I should follow to register it. He said to bring the pistol information (never, never take such a pistol to the Sheriff's Department. They have every legal right to confiscate it) and my father's death certificate in which I did. We filled out the proper paperwork, and done deal.
    Every right to confiscate it? Unmitigated BS.

    Depending on who signed the paperwork as seller, is critical. Get an out of state conceal carry permit, and never register another firearm.

  7. #7
    MGO Member qz2026's Avatar
    Join Date
    Nov 2012
    Location
    Gaylord, MI
    Posts
    186
    Quote Originally Posted by partdeux View Post
    Every right to confiscate it? Unmitigated BS.

    Depending on who signed the paperwork as seller, is critical. Get an out of state conceal carry permit, and never register another firearm.
    So, if I walk into the Sheriff's department with an unregistered hand gun, they will not confiscate it (and possibly arrest me)? Who's full of BS now? Who signed the paper work? If there was paperwork in 1945, it is long gone... No desire for a conceal carry permit.
    Don't change them - leave them as they were...

  8. #8
    I am a Forum User
    Join Date
    Aug 2011
    Location
    belleville
    Posts
    9,340
    Quote Originally Posted by qz2026 View Post
    So, if I walk into the Sheriff's department with an unregistered hand gun, they will not confiscate it (and possibly arrest me)? Who's full of BS now? Who signed the paper work? If there was paperwork in 1945, it is long gone... No desire for a conceal carry permit.
    No, they won't arrest you, and no they won't confiscate it.

    What is the penalty for possessing an unregistered pistol in MI? Look that up and you'll have your answer. It's not actually a crime you can be criminally charged for.
    Last edited by partdeux; 11-04-2018 at 08:11 PM.

  9. #9
    MGO Member Forum User
    Join Date
    Apr 2019
    Location
    Algonac, Michigan
    Posts
    15
    TTT

  10. #10
    I am a Forum User
    Join Date
    Apr 2008
    Location
    SE Michigan
    Posts
    5,240
    woud be nice if this was standardized, because the pd's are all over the place

Page 1 of 2 12 LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
only search Michigan Gun Owners Forums
MGO's Facebook MGO's Twitter