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Discussion Starter #1
A co- work passed this past saturday and he had a few handguns. His GF is not sure what she can do with them? He has a 6 yr old son but no other family to speak of. I was thinking if she had a death certif. she might be able to sell and transfer. Is that possible?
 

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I would think that whom ever is the executor of his will would be able to have them transferred through a FFL to any potential buyers. If he passed away without a will, then it would be up to the state to name an executor. His girlfriend would have no legal authority to sell or otherwise dispurse of any of his belongings without being named executrix or some other legal way, naming her as such
 

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Aren't they the property of his son now?
 

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If the girlfriend is the mother of the child and/or if there was a will naming her beneficiary, she could possibly be in a position to take possession of them? Lots of ifs that only an attorney can answer.
 

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have someone put them away for the son let him decide what to do with them when he is old enough. who knows maybe he would like to have them.
 

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gunmaster12 said:
have someone put them away for the son let him decide what to do with them when he is old enough. who knows maybe he would like to have them.
i think this is the best advice guns are important i only got my hands on a few from my uncles and grandparents and let me tell you im still fired up that the rest of the family let some great guns go..
 

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Discussion Starter #9
gunmaster12 said:
have someone put them away for the son let him decide what to do with them when he is old enough. who knows maybe he would like to have them.
Thats what i thought but with no will i found out and the mother of his son is not allowed to own guns. not sure why he was just a co-worker. And his family stopped talking to him after he the the church.

All i know is it is very important to have a will...regardles of your age.
 

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you can't own a hand gun under 21. she can take them to a gun shop and sell them to the dealer, or do a transfer to another buyer at the gun shop. As long as he truly had no family no one will ever challenge her as the owner of the guns. If someone does however she may be in trouble.
 

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fjp110 said:
you can't own a hand gun under 21. she can take them to a gun shop and sell them to the dealer, or do a transfer to another buyer at the gun shop. As long as he truly had no family no one will ever challenge her as the owner of the guns. If someone does however she may be in trouble.
Wrong. A person under 21 can own a handgun. A person under 21 cannot BUY a handgun.

The guns belong to the son, however since he is a minor certain rules apply.
 

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technically, a minor can own a handgun. inheritance is one of the exceptions. Right now the guns are owned by estate of the man. Whoever administer's his estate is under a duty to handle things as the creditor's and heirs' best interest may be. The son is maybe the only heir. He can't administer an estate until age 18. Between funeral bills, expenses of last illeness and other debts the guy left, the guns may have to be sold. An heir doesn't automatically have a right to take property in kind. Especially where debts outweigh personal property. We don't know what other assets or insurance the guy left. The mother or guardian of that child will probably need funds to raise the boy. It is probably too early to say what should be done with the guns.

If there is any particular collectible among them, perhaps a grandfather will buy it from the estate and store it away for the boy when he is of age.

Now even though a minor can technically own a pistol, it doesn't give him the right to possess it or use it, except in accordance with some very strict rules. We can "own" things that we can't possess or use.
 
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