|March 26, 2009, 02:03 PM||#1|
Join Date: January 20, 2009
A friend at work was telling me he has inherited his fathers ww2 pistol collection, he said he is not sure what to do with them becuse he has no knowlage of them being registered, I couldn't advice him, to the best of my knowlage if you take an old pistol in for a "safety inspection" in michigan and it was never registered before they confiscate it, Does he have any recourse?
or is legaly obligated to turn them over?
|March 26, 2009, 02:26 PM||#2|
Join Date: October 24, 2008
Location: Orange, TX
My recommendation is for him to contact the NRA to find an attorney who is knowledgeable about Michigan firearms registration and licensing laws.
|March 26, 2009, 04:11 PM||#3|
Join Date: March 11, 2006
Location: Upper US
Find an attorney, for sure
Most places that have registration requirements (even those which make new registration difficult) have language in the laws that allows for inherited guns, with out penalties, provided they get registered to the inheritor. Most places.
BUT, the best course of action is to find an attorney to ensure the legality of the matter. As noted, the NRA may be able to help point you to one who specialises in this kind of thing. Considering the value of a collection, and the possible legal penaties if the "i"s are not dotted and the "t"s are not crossed, the lawyer's fee is not a significant expense.
The legal firm handling the probate of the will should be able to ensure everything is done according to the laws, BUT they may not have people as well versed in this kind of thing as some specialists. Finding a gun law specialist, and having them available at need would be to your advantage.
All else being equal (and it almost never is) bigger bullets tend to work better.
|March 26, 2009, 09:11 PM||#5|
Join Date: December 17, 2007
Location: SOUTHEAST, OHIO
Not meaning to be sarcastic but when it comes to legal advice 'you get what you pay for'. The info you get here(although very well meaning) on a matter like this is 'free'. Take it for what its worth. Including mine. That said, state laws are different. My advise would be to seek a known Michigan pro -gun attorney and seek his advice. Would hate to advise wrong ending in losing inherited guns.
|March 30, 2009, 09:35 AM||#6|
Join Date: January 20, 2009
to be truthfull I have a bit of a motive involved in my advice, my coworker doesn't care much for firearms, so I am hoping if I can help him get this squared away, i can make him an offer on his 1911
Last edited by Housezealot; March 30, 2009 at 09:59 AM.
|April 1, 2009, 01:58 PM||#7|
Join Date: December 6, 2007
Location: Fairfax, Va
The above posters who suggest asking an attorney are dead on.
Last year, I was asked by a woman (who had also inherited a
.45) what she needed to do to register it. I told her that we have
no such thing in Virginia, but she didnt believe me.(Yuppie) Then
I suggested she ask an attorney which she did and was told that as
long as she had legal ownership, (in this case a will) there was no problem.
It only cost her a few dollars for the lawyer but now her mind is
at ease. Now, if I can just talk her into selling it to me!
|April 2, 2009, 04:54 PM||#8|
Join Date: January 25, 2006
Location: Oak Harbor, WA
In the statute quoted below there is only ONE requirement for the certificate to be issued and it is bolded. It says nothing about confiscating a previously unregistered gun.
28.429. Pistols; safety inspection required;
certificate of inspection; exemptions; requirements
of pistol presented for inspection;
violation as civil infraction; fine.
(1) A person within the state who owns or
comes into possession of a pistol shall, if he or
she resides in a city, township, or village having
an organized police department, present the pistol
for safety inspection to the commissioner or
chief of police of the city, township, or village police
department or to a duly authorized deputy of
the commissioner or chief of police. If that person
resides in a part of the county not included
within a city, township, or village having an organized
police department, he or she shall present
the pistol for safety inspection to the sheriff
of the county or to a duly authorized deputy of
the sheriff. If the person presenting the pistol is
eligible to possess a pistol under section 2(1), a
certificate of inspection shall be issued in triplicate
on a form provided by the director of the
department of state police, containing the name,
age, address, description, and signature of the
person presenting the pistol for inspection, together
with a full description of the pistol. The
original of the certificate shall be delivered to the
registrant. The duplicate of the certificate shall
be mailed within 48 hours to the director of the
department of state police and filed and indexed
by the department and kept as a permanent official
record. The triplicate of the certificate shall
be retained and filed in the office of the sheriff,
commissioner, or chief of police. This section
does not apply to a wholesale or retail dealer in
firearms who regularly engages in the business
of selling pistols at retail, or to a person who
holds a collection of pistols kept for the purpose
of display as relics or curios and that are not
made for modern ammunition or are permanently
(2) A person who presents a pistol for a safety
inspection under subsection (1) shall ensure that
the pistol is unloaded and that the pistol is
equipped with a trigger lock or other disabling
mechanism or encased when the pistol is presented
for inspection. A person who violates this
subsection is responsible for a state civil infraction
and may be ordered to pay a civil fine of not
more than $50.00.