Estate Sale?

N

nanney1

New member
2 questions.

1. If an estate sale is advertising guns for sale, how does the owner or auction company typically handle the sale/transfer of the guns?

2. If you buy an old attic box of items and then find you have a gun in the bottom of the box, what is the proper procedure after finding you now have a firearm?

Storage locker sell would fit for those two examples as well.
 
When we did one for my FIL, we took the guns out. An FFL came by and asked. Brought them back the next day and he bought them except 1, which is now a training pistol for the Sheriffs Department.

He was willing to do transfers on them though if he did not want them.
 
It all depends on the state you live in,,,
In Oklahoma there is no restriction on face to face sales,,,
Simply exchange the money and walk away with the gun you want.

Same for when my friend did exactly what you are describing,,,
He bought a big box of sheets to use as shop cloths,,,
In one of the sheets there was a S&W Model 34.

In states that require it,,,
You will need to go through an FFL to transfer ownership.

Aarond

.
 
There would be very few states that do not allow a person to person sale. I wonder if any, but it cannot be more than one or two. In some states the gun owner is required to have a permit or card for some or all firearms. The seller is expected to verify the buyer is a resident of his state and meets the legal requirements of his state. For instance, age is a requirement.

The executor of the estate would only need about 5 or 10 minutes tutorial at a local gun shop or local chief of police. Selling to a local dealer is quick. Quick nets the lowest return to the heirs.

An auction company will know all about this. The buyer should get a bill of sale with model and serial number.

I would advise the executor to keep a receipt or copy of the bill of sale. In case a gun is used in a crime, it can often be traced back to the last FFL sale. I make sure I can account for where and when all my guns get sold.

If you find a firearm in a box lot purchased you own it. Unless you are not allowed to own it. Some examples might be a full auto or buyer is a felon. Or some weird communist state. I cannot imagine. Well, buying a box lot out of state might be a strange situation to deal with.

I am not a lawyer, reality may vary.
 
fourbore said:
There would be very few states that do not allow a person to person sale. I wonder if any, but it cannot be more than one or two.
Click to expand...
I don't know how many, but I'm certain it's more than two. NY, NJ, IL, CT immediately come to mind. And I think some other states may require an FFL to transfer handguns, but not long guns.

Bottom line: It depends on the state, so the OP has to do his homework.
 
Auctioneers here get a FFL dealer to handle the actual transfer. I don't know if it is in the law, but they are playing it safe.

I figure that if I buy an uninventoried container and it chances to hold a gun, it is mine along with the rest of the stuff.

My state does not have registration or UBC.
 
You'd probably find some individuals that would simply sell the gun FTF as long as it is legal. If I were selling I'd verify the buyer was of the correct age and state of residence and get a signed receipt. I doubt if one of the auction companies would take that liability even if it were legal. Most will send you, and the gun to a FFL to finalize the transaction.
 
fourbore said:
wow, five and counting.
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Five is ten percent of the states. That's perhaps not "a lot," but it's statistically significant, especially when you consider the combined population of those five states.

Compared to "it cannot be more than one or two," though -- it's a 150 percent increase. :cool:
 
In PA long guns can be done FTF. Pistols must go via an FFL.

OP doesn't say what state they are in. That would help.

Interstate?
 
There is an oddity here as it may seem you are buying from someone who is selling a a means of making a living.
It seems it has been decided an auctioneer does not qualify as "in the business" and does not at any point own the firearms but are just facilitating the sale between two private individuals. I am not sure how that works when many auctions are held off site with the FFL maintaining care, custody, and control overnight. Maybe the family just brings the firearms in the day of or maybe many just don't realize they are breaking the law.
Someone else might be able to explain how that works.
 
fourbore said:
There would be very few states that do not allow a person to person sale. I wonder if any, but it cannot be more than one or two.
Click to expand...
It's a lot more than two, it's actually 9. And two more don't allow person-to-person sales on certain types of firearms. In total, 19 states have some kind of extra background check requirements for private sales.

These states require background checks on all private sales:

California
Colorado
Connecticut
Delaware
Nevada
New York
Oregon
Rhode Island
Washington State


These states require background checks on some private sales:

Maryland
Pennsylvania


These states require a background-checked permitting process to purchase any firearm, including one in a private sale:

Hawaii
Illinois
Massachusetts
New Jersey


These states require a background-checked permitting process to purchase a handgun, including one in a private sale:

Iowa
Michigan
Nebraska
North Carolina
 
Several years ago in Washington state gun sales through an auction/estate sale company were treated as person to person sales. That is no longer the case Now all sales go through an FFL. The fees are minimal and the company I work for deliveres the guns to the FFL and our customers pick them up after passing the background check.

http://sunsetauction.com/
 
Theohazard, you missed Minnesota, which requires either a permit to purchase or a carry permit to buy a handgun or an "assault weapon," either privately or from an FFL.
 
Minnesota and "assault weapons".
It's just as Evan Thomas mentions in the post above but even more goofy.

That is:

This Remington 597 .22LR can be bought off the rack.
https://www.budsgunshop.com/catalog/product_info.php/products_id/96550

This Remington 597 .22LR requires the special permit to purchase or concealed carry permit to buy.
https://www.budsgunshop.com/catalog/product_info.php/products_id/62469

Dale to gun store clerk: "But it's the same action/magazine/everything."
Frustrated/exasperated gun store clerk: "Yeah, well...You know."
Dale: "Yeah, it's Minnesota."
 
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