Question on Willing Firearms to My Children

Discussion in 'Concealed Carry | National 2A Laws' started by NC Rebel, Nov 1, 2016.

  1. NC Rebel

    NC Rebel Club Subscribed Club Subscribed

    Joined:
    Jan 2, 2011
    Messages:
    141
    Location:
    Fuquay-Varina
    I don't know the best method of legally(for their benefit) of passing my firearms to my girls at my death. How have you handled this? If you had rather PM, please do. Thanks
     
  2. Tailhunter

    Tailhunter God Help Us Club Subscribed

    Joined:
    Mar 19, 2008
    Messages:
    12,185
    Location:
    Stokes County
    Do like my Dad did. He said when I'm gone, the guns go with you. It was never a question.
     
    NCAV8TOR, wsfiredude, gunbelt and 2 others like this.
  3. diablos30

    diablos30 Club Subscribed Club Subscribed

    Joined:
    Sep 12, 2011
    Messages:
    6,793
    Location:
    no links to other sites
    this is who the site ownership sold you out to


    By GEOFFREY ROWAN
    Mon., June 27, 2016
    If there’s no tragedy, international comparison, body count or collection of silent moments profound enough to inspire a reduction in U.S. gun violence, maybe a simple question can reframe the issue. It has been 225 years since adoption of the anachronistic Second Amendment. Isn’t it time we Americans decide, are we in or are we out? Do we believe in America or not?

    That’s what the gun-control debate boils down to. The Second Amendment to the U.S. Constitution is an archaic fail-safe mechanism to allow Americans to use violence to overthrow the elected government. It’s an out-clause that amends the U.S. Constitution to say “ ... and if you don’t like this stuff, we’re OK with you taking up arms against us.”

    No nation on Earth would accept this half-hearted commitment from new immigrants. It’s time to dump the Second Amendment and commit to being Americans.

    Context is important. When the U.S. Constitution was drafted, the bloody revolt against British rule was still fresh for its authors. Fear of centralized government divided the founders. Some demanded protection from that, which they believed the Second Amendment provides, before they would sign.

    Its intent was to retain the right of the individual and individual states to take up arms against an unjust central government. It was written in to placate anti-Federalists whom, if not placated, would never have agreed to the Union. With European tyrants still fresh in their minds, anti-Federalists enshrined in the Constitution a guarantee that states and individuals could maintain their own individual militias, and retain and bear arms to defend themselves against a tyrannical central government. It’s not about the right to hunt or to protect your family and home.

    As ratified by the States and authenticated by then-Secretary of State Thomas Jefferson, the Second Amendment states: “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”

    As written, individuals seem to have unassailable rights to own any type of weapon they want and to use those weapons to defend themselves against what they consider to be the tyranny of King Obama and his successors. Agree or disagree, but no one side is going to talk the other side into accepting its point of view, no matter how many moments of silence are required.

    Therefore, the path to changing American gun laws must go through the historic foundation of the Second Amendment, the bedrock argument for the status quo.


    It’s complicated, frustrating and agonizing, but we’re not going to fix it just by calling gun-rights advocates “gun nuts” after every insane mass murder. They don’t think they are gun nuts, and they are not likely to be convinced they are gun nuts.

    Fortunately, there is a mechanism for changing the Constitution. It’s time to repeal or amend the Second Amendment and commit to the United States of America. It is not a collection of nation-states that can each go their own way. This isn’t Game of Thrones, or Rambo.

    The architects of the United States did a pretty good job designing a three-branch system of checks and balances against the abuse of power by any single branch, or even two branches. It has worked pretty well for 240 years.

    In fact, the 26-word sentence inserted to comfort a handful of nervous founders in a very different time has never been needed. In the modern era, who is to say when it is needed? Do you get to take up arms because you don’t like Obamacare? An increase in postal rates? Inconvenient routing of an interstate highway?

    It’s long past time for Americans to decide if it works as a union, or if the underlying faith in the federal government is so precarious that individual patriots must always be armed and ready to overthrow it. Is it the world’s greatest economic and military power, an engine of creativity and innovation, and an example of an imperfect but committed democracy? Or is it a collection of regional clans?

    We don’t live in 1770. As an American who believes American democracy works reasonably well — that we don’t need automatic weapons in our closets “just in case” — I ask my fellow Americans, are you in or are you out? Do you believe in the United States of America, and if you do, is a weekly body count of the innocent the America you want?


    Geoffrey Rowan is a Toronto-based public affairs and communication consultant.



    Read more about:
    United States

    https://www.thestar.com/opinion/com...-the-bedrock-argument-for-the-status-quo.html
     
    Last edited: Dec 17, 2016
  4. GoWolfpack

    GoWolfpack Scofflaw Cyclist Club Subscribed

    Joined:
    Aug 3, 2009
    Messages:
    2,784
    Location:
    Suffolk, VA (formerly Rolesville and Tarboro, NC)
    The gift of a gun is just a private sale with a price of $0.

    If your children live in the same state you do, I recommend giving them guns while you're still living. If you don't want to do that, all you'll need to do is enumerate in your will who should get what. You can accomplish the same thing with a trust.

    If your daughters are not residents of the same state you are, they will need to receive your guns through an FFL in their state of residence. If a private sale wouldn't be legal, gifting or inheritance isn't legal.
     
    RetiredUSNChief likes this.
  5. FINO

    FINO Registered Member

    Joined:
    Dec 8, 2015
    Messages:
    546
    certain of my tools will go to my grandchildren the rest to my wife the grand children may take possession of said tools at their convenience I am not around sue me if ya dont agree .what they govt knows or does not know bothers me not from where i will be.
     
  6. FINO

    FINO Registered Member

    Joined:
    Dec 8, 2015
    Messages:
    546
    their ages may determine your choices. If they are legally able to own them perhaps you gift them now and borrow them til you are unable to use . If younger appoint a trustee or power of attorney to pass them on when they are legally able to take possession.
     
  7. 613jmm

    613jmm U. S. Military Club Subscribed

    Joined:
    Dec 23, 2009
    Messages:
    5,958
    Location:
    Jacksonville, NC
    Transferring firearms as a result of inheritance does not require an FFL.
     
  8. NC Rebel

    NC Rebel Club Subscribed Club Subscribed

    Joined:
    Jan 2, 2011
    Messages:
    141
    Location:
    Fuquay-Varina
    Thanks guys, was advised to check out a NC gun trust from another member here. Was not aware it covers passing down firearms also.
     
  9. ikarus1

    ikarus1 Well-Known Member

    Joined:
    Nov 10, 2009
    Messages:
    7,165
    Location:
    gone
    Yeah. Long guns I would do what was mentioned and gift them now and borrow them back occasionally. Handguns mean you make your kids take their CHP at 21 and try not to die before then.
     
  10. Catfish

    Catfish 'Murica! eh? Club Subscribed

    Joined:
    May 18, 2010
    Messages:
    7,560
    Location:
    Charlotte, NC
    Here's a semi-official source of info:

    https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
    source: [18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

    These are federal laws, State laws will also apply.
     
  11. RetiredUSNChief

    RetiredUSNChief Well-Known Member

    Joined:
    Feb 22, 2014
    Messages:
    3,869
    Location:
    East Coast
    You can certainly put it in your will, or even a trust, if you want.

    I'd consider this as part of your preparations for an unexpected death, because we don't really know when or how we're going to die. (Well...maybe during that "OH SH*T! moment an instant before we die, but that really doesn't give us much time to put our affairs in order.)

    As you get older, and your becoming less able to do things like hunting, target shooting, etc., you can simply give them to your children as you see fit. Then take them out of your will/trust because they're no longer yours. If you're concerned about a record of such transactions, this would be the way to go about it.

    Remember...in all cases, you have to follow the applicable laws for transferring firearms. If the transfer is in your own state (meaning both you and your receiving children are residents of the same state), then it's a simple giving of the firearm from you to them. (Make sure your state laws also support this.) If they're not a resident of your state of residence, then it has to be a transfer through an FFL in their state of residence.
     
  12. GoWolfpack

    GoWolfpack Scofflaw Cyclist Club Subscribed

    Joined:
    Aug 3, 2009
    Messages:
    2,784
    Location:
    Suffolk, VA (formerly Rolesville and Tarboro, NC)

    That is correct, I was wrong. Applicable exception is found in 18 USC Ch 44 Section 922 (a) (3) (A).
     
  13. WNC Seabee

    WNC Seabee Former Member Lifetime Member

    Joined:
    Oct 15, 2008
    Messages:
    12,112
    Location:
    Behind the Iron Curtain
    A couple years ago...

    Dad: "Hey, remember back in 20o0 when I gave you all my rifles?"
    Me: "What?"
    Dad: "You remember, just before you moved to NC I gave them all to you."
    Me: "Oh, yeah. Got it."
    Dad: "I can hold on to them for you until you're able to pick them up."
    Me: "OK. Go ahead and borrow them whenever you like."
     
    gunbelt likes this.
  14. KnotRight

    KnotRight Member

    Joined:
    Sep 3, 2014
    Messages:
    467
    Location:
    Savannah, Georgia, United States
    I have a problem while my son lives in Maryland. He can get a bunch of my guns but not the magazines. Even though they are not NFA guns, I was thinking about putting them into a trust that only my wife (kids)knows about. There is more reasons to put them in a trust than just pasting them on to your kids. What would happen if for some reason you are declared not legally to own them?
     
  15. Catfish

    Catfish 'Murica! eh? Club Subscribed

    Joined:
    May 18, 2010
    Messages:
    7,560
    Location:
    Charlotte, NC
    A trust is a paper trail where one did not previously exist, for all the good and bad that comes with that.
     
    gunbelt likes this.
  16. Tailhunter

    Tailhunter God Help Us Club Subscribed

    Joined:
    Mar 19, 2008
    Messages:
    12,185
    Location:
    Stokes County
    Not sure I understand all the bru-ha-ha.
     
    wsfiredude and gunbelt like this.
  17. draco88

    draco88 Registered Member

    Joined:
    Aug 24, 2013
    Messages:
    1,486
    Location:
    Somewhere...
    Not directed at you, personally, more directed at the non-existant paper trail...
    Ever swipe your debit card for a box of ammo? Ever order a magazine or a muzzle brake online? Ever post a picture of that great big buck and the rifle you took it with? Ever give feedback on this site?
    We don't need to kid ourselves about paper trails. With the massive amount of data collection and data crunching capabilities the .gov has via the NSA, I would bet that 80% or more of the firearms in this country could be accounted for.
    A trust isn't going to add or subtract from that. But it can keep greedy relatives from challenging your will in court.
     
  18. GoWolfpack

    GoWolfpack Scofflaw Cyclist Club Subscribed

    Joined:
    Aug 3, 2009
    Messages:
    2,784
    Location:
    Suffolk, VA (formerly Rolesville and Tarboro, NC)

    Sadly it will not stop your greedy relatives from clearing out your house while the people who love you are with you in the hospital.
     
  19. Catfish

    Catfish 'Murica! eh? Club Subscribed

    Joined:
    May 18, 2010
    Messages:
    7,560
    Location:
    Charlotte, NC
    My comment wasn't made with anonymity in mind it was in response to a question about legal ownership of firearms. All of that info can be used against you, sure. Credit card receipts and forum posts are data. A notarized paper with serial numbers and signatures is evidence.
     
    gunbelt likes this.
  20. JimP42

    JimP42 Club Subscribed Club Subscribed

    Joined:
    Nov 12, 2008
    Messages:
    1,127
    Location:
    RTP
    Make sure that the greedy relatives don't know your safe combo(s)!
     
  21. Phantom

    Phantom Member

    Joined:
    Sep 10, 2007
    Messages:
    3,450
    Location:
    Randolph County, NC
    If you have specific guns to go to specific people list that in your will. If not the "all my possessions go to" paragraph covers them too. The receiver will have to comply with whatever law is in place at the time depending on their location to you etc.
     
  22. dmarbell

    dmarbell Behold...the "Mallet O' Understanding..."

    Joined:
    Sep 15, 2007
    Messages:
    687
    Location:
    Cary, NC
    There will be probate fees of $0.40 per $100 of value on guns specified in a will. At least with a trust there is no probate.
     

Share This Page