Inheriting a Revolver

zbones6 · January 7, 2013, 10:27 PM

Hey guys. My situation is bitter sweet right now. My Poppop, who is 94 now, said when he dies, he is going to will me his .32 S&W revolver. I live in New Jersey, and I'm only 18. I'm not sure about other places, but in NJ you have to be 21 and have a pistol permit for every pistol you buy. How is this going to work? I hate to say it, but i doubt my Poppop will live three more years (he sure as Hell makes it clear he doesn't want to) Is there an amnesty period or something? Or can my father take it and transfer it to me when I'm of age? Thanks in advance.

1-DAB · January 7, 2013, 10:54 PM

You can dis-claim all or part of a will.

You could also keep it out of NJ until you are of age. You do have family you trust? Right.

Talk with a lawyer when it is time.

RUT · January 8, 2013, 08:55 AM

>>when he dies, he is going to will me his .32 S&W revolver.<<

Why is he waiting??

Baba Louie · January 8, 2013, 10:44 AM

zbones
If you can, try to take Pops and his revolver out for a spin at a local range or friends farm, before the old timers passes away into memories. The time on the range and the ownership might mean a tad bit more if you have a shared living memory to go along with the both. Buy a box or two of ammo (or have parents or Poppop as you are underage for that). Be safe.

I agree, he could "gift" it to you now, via your parents for holding until you reach legal state age. Perhaps. Anyway, just one old mans thoughts. Might ask your parental units & Grandpa his thoughts to this idea.

S&W Revolver... Breaktop? I assume... which I know I should not do.

Winchester_73 · January 8, 2013, 10:57 AM

Well since no one else has said, "32 S&W" is a caliber designation which applies to hundreds of different cheap low quality DA revolvers from the early 20th century. While it could easily be a S&W (will have barrel address on top behind front sight) odds are that it is not, because so many knock offs were made. Either way, it will be a family heirloom, and pursuing this legally is important.

Another consideration is possible antique status of the gun. We would need pictures, and a serial number (usually on butt of revolver or sometimes on the left grip frame, under the grip). You would have to check NJs laws for antique guns.

RUT · January 8, 2013, 11:02 AM

My bet is on an old Iver Johnson or H&R.

zxcvbob · January 8, 2013, 11:05 AM

IANAL, but the executor of the estate can hold it for you until you are 21, then you can just go get it. (you *might* can inherit it at 18, I don't know) This is a special case that does not have to go through a FFL transfer. I don't know anything about NJ law, that's the federal law.

If he gifts it to you while he's still alive, you will have to transfer thru a New Jersey FFL.

zbones6 · January 8, 2013, 04:45 PM

Thanks for all the info guys, it is a breaktop revolver, and it may inded be a H&R. I will try to post some pictures if I can. Be patient though

alex0535 · January 8, 2013, 05:09 PM

I would say just get it registered under your father until your of age, and then get yourself the permit for it.

Deaf Smith · January 8, 2013, 10:01 PM

Pennsylvanian is not far off.

Have your father move it to a lock-box in Philadelphia Penn. and get it once you are 21.

Deaf

Shotgun693 · January 8, 2013, 10:20 PM

Quote:

Have your father move it to a lock-box in Philadelphia Penn. and get it once you are 21.

Yep, for just a little money you can leave it in a Safe Deposit Box for a few years.

zbones6 · January 10, 2013, 12:59 PM

Hey guys, just an update. I was at my Poppop's today and got a pic of the revolver. I only had my phone, so its just the whole gun and the serial number, no stamps. On top of the gun behind the front sight is stamped "HARRINGTON & RICHARDSON ARMS CO.
WORCESTER, MASSACHUSETTS. U.S.A

On the side of the barrel is stamped H. & R. "AUTOMATIC"

And on the butt is the serial number 512574

RUT · January 10, 2013, 01:01 PM

I knew it!!

I've got one just like it only it's an Iver Johnson. What's interesting is that they were manufactured within ~30 miles of each other.

Winchester_73 · January 10, 2013, 05:33 PM

Nice gun. They are not too often found that nice. IIRC, gun was actually built on a 38 size frame for whatever reason. I had one just like that. Between the design and SN, I highly doubt it is an antique as I think that model came out right around the turn of the century, and it has a 6 digit SN. The gun looks crisp, but many of these were made and the values are not very high. Its worth around $150 give or take a few, jsyk. It probably works fine, but don't assume that it does aka check it before shooting it.

zbones6 · January 11, 2013, 07:10 PM

Already shot it, oops

publius · January 11, 2013, 07:56 PM

Wow, great condition!

Baba Louie · January 12, 2013, 08:58 AM

Quote:

Already shot it, oops

Hoard that Ammo until you do procure another box or three as it's typically scarce as hens teeth not your average run o the mill ammo found on every gunshop ammo shelf across the land, for some reason.

Nice to see and hold a small piece of family history.

Can you imagine buying that little guy and feeling pretty secure, somewhat safer from and prepared for the worlds idiocy around you? "I just want to be able shoot the bad guy... you know, just a little. Not too much. And gosh darn it, I want my pistol looking pretty when I do it too."

Nice zbones. Very nice.

bds32 · January 12, 2013, 09:28 AM

Federal law prohibits the transfer of the handgun to you unless it is for certain reasons. There is a provision for inheritance.

Check out: http://www.atf.gov/publications/down...f-i-5300-2.pdf

Check your NJ laws but I'm sure there is a trustworthy adult of 21 years age who could hold it for you until you are of age. If your Poppop lives in a different state it would have to be transferred legally to someone of age in your state.

EdInk · January 17, 2013, 07:44 PM

I don't know the laws in your area.

However, in most states your grandfather can literally just hand you a firearm and you can accept it. No paperwork or anything else is required because it is a gift to a family member.

zxcvbob · January 17, 2013, 07:54 PM

That would work if they lived in the same state. (or before 1968

)

zbones6 · January 19, 2013, 11:52 PM

We do live in the same state. Heck, I walk to his house. So you're telling me he can just give it to me? My uncle gave me a rifle, but it works that way with pistols? I wouldnt think NJ would be that loose.

m&p45acp10+1 · January 20, 2013, 11:17 AM

I would suggest checking the state laws first. NJ is not a very nice state as far as gun transfers go.

Willie Sutton · January 20, 2013, 11:48 AM

Few misconceptions here, starting with this:

I'm not sure about other places, but in NJ you have to be 21 and have a pistol permit for every pistol you buy.

You can obtain a pistol permit to purchase a handgun in NJ at age 18. You can NOT use it at a federally licensed dealer to purchase a handgun as there is a FEDERAL law regarding DEALER SALES to individuals under 21. You can use the permit to purchase from an individual though.

IF he wants to pass it to you while he is alive, you will need to obtain a permit. NJ law does not recognize any differences in transfers within a family v/s from a third party.

If you INHERIT it when he passes on, you do not need a permit, nor do you need to register it. It's yours IF he puts it into his will, or writes a short note setting forth the fact that he is passing it on to you. You do NOT need to then go register it. There is NO MANDATORY HANDGUN REGISTRATION in New Jersey. TRANSFERS are recorded, but if you get one some other way (out of state before you move in, inherit one, etc., etc) you do NOT need to register it.

If he gifts it to you while he's still alive, you will have to transfer thru a New Jersey FFL.

NO NO NO NO.... it's just a "face to face sale" and although it does need a permit to purchase be issued, there is NO FFL REQUIREMENT.

Almost EVERY reply above is wrong. This is due to the patchwork of laws that blankets the entire USA. It's also why asking for assitance on internet forums is fraught with peril. Read the Law yourself. Reading the law is easy to do... go onto NJ's website and dig in a bit.

Willie

.

zbones6 · January 27, 2013, 08:23 PM

Thank you very much Willie, i do plan on calling the NJ state police and asking them, just to make sure i am completely within the law. I do not plan on registering it, so anyway i could legally come into possession of it without registering it would be optimum.

Ricklin · January 27, 2013, 08:35 PM

Don't expect to get a correct answer from the local LE either. I would make a point to look up the information yourself, it will be safer and more accurate that way.
No offense intended to LE, but the fine details of firearms transfers are more the realm of judges, and those Attys. who focus on firearms.
Follow Willie's advice above.

January 7, 2013, 10:27 PM	#1
zbones6 Member Join Date: December 29, 2011 Posts: 91	Inheriting a Revolver Hey guys. My situation is bitter sweet right now. My Poppop, who is 94 now, said when he dies, he is going to will me his .32 S&W revolver. I live in New Jersey, and I'm only 18. I'm not sure about other places, but in NJ you have to be 21 and have a pistol permit for every pistol you buy. How is this going to work? I hate to say it, but i doubt my Poppop will live three more years (he sure as Hell makes it clear he doesn't want to) Is there an amnesty period or something? Or can my father take it and transfer it to me when I'm of age? Thanks in advance.

January 8, 2013, 08:55 AM	#3
RUT Senior Member Join Date: November 17, 2004 Location: NH, USA Posts: 812	>>when he dies, he is going to will me his .32 S&W revolver.<< Why is he waiting?? __________________ Liberals don't care what you do... as long as it's mandated.

January 8, 2013, 10:44 AM	#4
Baba Louie Senior Member Join Date: September 23, 2001 Posts: 1,552	zbones If you can, try to take Pops and his revolver out for a spin at a local range or friends farm, before the old timers passes away into memories. The time on the range and the ownership might mean a tad bit more if you have a shared living memory to go along with the both. Buy a box or two of ammo (or have parents or Poppop as you are underage for that). Be safe. I agree, he could "gift" it to you now, via your parents for holding until you reach legal state age. Perhaps. Anyway, just one old mans thoughts. Might ask your parental units & Grandpa his thoughts to this idea. S&W Revolver... Breaktop? I assume... which I know I should not do. __________________ A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government." - George Washington, January 8, 1790, First State of the Union Address

January 8, 2013, 10:57 AM	#5
Winchester_73 Senior Member Join Date: December 20, 2008 Location: Pittsburgh PA Posts: 2,863	Well since no one else has said, "32 S&W" is a caliber designation which applies to hundreds of different cheap low quality DA revolvers from the early 20th century. While it could easily be a S&W (will have barrel address on top behind front sight) odds are that it is not, because so many knock offs were made. Either way, it will be a family heirloom, and pursuing this legally is important. Another consideration is possible antique status of the gun. We would need pictures, and a serial number (usually on butt of revolver or sometimes on the left grip frame, under the grip). You would have to check NJs laws for antique guns. __________________ Winchester 73, the TFL user that won the west

January 8, 2013, 11:02 AM	#6
RUT Senior Member Join Date: November 17, 2004 Location: NH, USA Posts: 812	My bet is on an old Iver Johnson or H&R. __________________ Liberals don't care what you do... as long as it's mandated.

January 7, 2013, 10:54 PM	#2
1-DAB Senior Member Join Date: May 5, 2010 Location: Santa Fe, NM Posts: 474	You can dis-claim all or part of a will. You could also keep it out of NJ until you are of age. You do have family you trust? Right. Talk with a lawyer when it is time.

January 8, 2013, 11:05 AM	#7
zxcvbob Senior Member Join Date: December 20, 2007 Location: S.E. Minnesota Posts: 4,720	IANAL, but the executor of the estate can hold it for you until you are 21, then you can just go get it. (you might can inherit it at 18, I don't know) This is a special case that does not have to go through a FFL transfer. I don't know anything about NJ law, that's the federal law. If he gifts it to you while he's still alive, you will have to transfer thru a New Jersey FFL. __________________ "Everything they do is so dramatic and flamboyant. It just makes me want to set myself on fire!" —Lucille Bluth

January 8, 2013, 04:45 PM	#8
zbones6 Member Join Date: December 29, 2011 Posts: 91	Thanks for all the info guys, it is a breaktop revolver, and it may inded be a H&R. I will try to post some pictures if I can. Be patient though

January 8, 2013, 05:09 PM	#9
alex0535 Senior Member Join Date: November 4, 2012 Location: Georgia Posts: 908	I would say just get it registered under your father until your of age, and then get yourself the permit for it.

January 8, 2013, 10:01 PM	#10
Deaf Smith Senior Member Join Date: October 31, 2000 Location: Texican! Posts: 4,453	Pennsylvanian is not far off. Have your father move it to a lock-box in Philadelphia Penn. and get it once you are 21. Deaf __________________ “To you who call yourselves ‘men of peace,’ I say, you are not safe without men of action by your side” Thucydides

January 10, 2013, 01:01 PM	#13
RUT Senior Member Join Date: November 17, 2004 Location: NH, USA Posts: 812	I knew it!! I've got one just like it only it's an Iver Johnson. What's interesting is that they were manufactured within ~30 miles of each other. __________________ Liberals don't care what you do... as long as it's mandated. Last edited by RUT; January 10, 2013 at 01:06 PM.

January 10, 2013, 05:33 PM	#14
Winchester_73 Senior Member Join Date: December 20, 2008 Location: Pittsburgh PA Posts: 2,863	Nice gun. They are not too often found that nice. IIRC, gun was actually built on a 38 size frame for whatever reason. I had one just like that. Between the design and SN, I highly doubt it is an antique as I think that model came out right around the turn of the century, and it has a 6 digit SN. The gun looks crisp, but many of these were made and the values are not very high. Its worth around $150 give or take a few, jsyk. It probably works fine, but don't assume that it does aka check it before shooting it. __________________ Winchester 73, the TFL user that won the west

January 11, 2013, 07:10 PM	#15
zbones6 Member Join Date: December 29, 2011 Posts: 91	Already shot it, oops

January 11, 2013, 07:56 PM	#16
publius Senior Member Join Date: January 25, 2005 Location: Mississippi/Texas Posts: 2,505	Wow, great condition! __________________ "Suppose you were an idiot, and suppose you were a member of Congress, but I repeat myself." Mark Twain

January 12, 2013, 09:28 AM	#18
bds32 Senior Member Join Date: August 5, 2006 Location: Texas Posts: 481	Federal law prohibits the transfer of the handgun to you unless it is for certain reasons. There is a provision for inheritance. Check out: http://www.atf.gov/publications/down...f-i-5300-2.pdf Check your NJ laws but I'm sure there is a trustworthy adult of 21 years age who could hold it for you until you are of age. If your Poppop lives in a different state it would have to be transferred legally to someone of age in your state. Last edited by bds32; January 12, 2013 at 09:58 AM.

January 17, 2013, 07:44 PM	#19
EdInk Senior Member Join Date: May 27, 2009 Posts: 3,968	I don't know the laws in your area. However, in most states your grandfather can literally just hand you a firearm and you can accept it. No paperwork or anything else is required because it is a gift to a family member. __________________ Sic Semper Tyrannis

January 17, 2013, 07:54 PM	#20
zxcvbob Senior Member Join Date: December 20, 2007 Location: S.E. Minnesota Posts: 4,720	That would work if they lived in the same state. (or before 1968 ) __________________ "Everything they do is so dramatic and flamboyant. It just makes me want to set myself on fire!" —Lucille Bluth

January 19, 2013, 11:52 PM	#21
zbones6 Member Join Date: December 29, 2011 Posts: 91	We do live in the same state. Heck, I walk to his house. So you're telling me he can just give it to me? My uncle gave me a rifle, but it works that way with pistols? I wouldnt think NJ would be that loose.

January 20, 2013, 11:17 AM	#22
m&p45acp10+1 Senior Member Join Date: May 3, 2009 Location: Central Texas Posts: 3,930	I would suggest checking the state laws first. NJ is not a very nice state as far as gun transfers go. __________________ No matter how many times you do it and nothing happens it only takes something going wrong one time to kill you.

January 20, 2013, 11:48 AM	#23
Willie Sutton Junior member Join Date: January 26, 2012 Posts: 1,066	Few misconceptions here, starting with this: I'm not sure about other places, but in NJ you have to be 21 and have a pistol permit for every pistol you buy. You can obtain a pistol permit to purchase a handgun in NJ at age 18. You can NOT use it at a federally licensed dealer to purchase a handgun as there is a FEDERAL law regarding DEALER SALES to individuals under 21. You can use the permit to purchase from an individual though. IF he wants to pass it to you while he is alive, you will need to obtain a permit. NJ law does not recognize any differences in transfers within a family v/s from a third party. If you INHERIT it when he passes on, you do not need a permit, nor do you need to register it. It's yours IF he puts it into his will, or writes a short note setting forth the fact that he is passing it on to you. You do NOT need to then go register it. There is NO MANDATORY HANDGUN REGISTRATION in New Jersey. TRANSFERS are recorded, but if you get one some other way (out of state before you move in, inherit one, etc., etc) you do NOT need to register it. If he gifts it to you while he's still alive, you will have to transfer thru a New Jersey FFL. NO NO NO NO.... it's just a "face to face sale" and although it does need a permit to purchase be issued, there is NO FFL REQUIREMENT. Almost EVERY reply above is wrong. This is due to the patchwork of laws that blankets the entire USA. It's also why asking for assitance on internet forums is fraught with peril. Read the Law yourself. Reading the law is easy to do... go onto NJ's website and dig in a bit. Willie . Last edited by Willie Sutton; January 20, 2013 at 11:54 AM.

January 27, 2013, 08:23 PM	#24
zbones6 Member Join Date: December 29, 2011 Posts: 91	Thank you very much Willie, i do plan on calling the NJ state police and asking them, just to make sure i am completely within the law. I do not plan on registering it, so anyway i could legally come into possession of it without registering it would be optimum.

January 27, 2013, 08:35 PM	#25
Ricklin Senior Member Join Date: February 22, 2008 Location: SW Washington state Posts: 2,011	Don't expect to get a correct answer from the local LE either. I would make a point to look up the information yourself, it will be safer and more accurate that way. No offense intended to LE, but the fine details of firearms transfers are more the realm of judges, and those Attys. who focus on firearms. Follow Willie's advice above. __________________ ricklin Freedom is not free