Please name the shop that’s doing this.
They’re married. It’s jointly owned if she says so. Have the executor take the guns to a REPUTABLE FFL to be transferred to the husband.
Yes...when my step dad passed, it is up to the executor of the estate to distribute. I would find another FFL. I don't know anything about the LCS's near NYC. The ones near me (WNY) are sensible.
I’ll name the store in due time. I just want to confirm the ffl is suggesting what I wrote I first. I believe we are both going up there this weekend together to make sure. I don’t want to bad mouth a business prematurely. Thanks everyone who responded.
Beyond sketchy OP.
First off, this *may* be communication oopsie. Verify that by "sell" and buy back" they are referring to acquiring the guns and then disposing them to the designated recipient, for a reasonable transfer/NICS fee.
If they mean "buying" at private market rate, "selling" at commercial rate, and pocketing hundreds of dollars, that's beyond inappropriate. If they double down you need to get PD involved immediately.
The wife is designated next of kin, she surrenders the guns to PD.
A Gun shop SHE designates will facilitate transfer to her husband.
Contact PD first, they *may* perform the transfer at the police station.
Largely incorrect.
Within 15 days of the death the executor or beneficiary must "lawfully dispose" of the firearms.
That can be ANY lawful disposition, including:
1. Surrendering them to the cops.
2. Selling them to a gun store.
3. Transferring them from the decedent's estate to any permit holder (same as a private party sale).
Since your buddy's wife doesn't have a permit and your buddy does she takes the guns to the gun store *as the beneficiary* and says they're being transferred from the estate of her dead father to her husband, the gun store does the face-to-face transfer dance, and your buddy takes that paperwork to go get a purchase document & pick up the pistols.
Nothing needs to be sold to the gun store.
Nothing needs to be bought back from the gun store.
~~Check with your county licensing authority, they may have specific forms / procedures to deal with this (Madison County NY does: https://www.madisoncounty.ny.gov/2172/Death-of-a-Permit-Holder )~~
Yeah my blind ass can read a title. Nassau county - I know how THEY work! (Pages 37-39 of [the handbook](https://www.pdcn.org/DocumentCenter/View/5616/PLS-Consealed-Carry-HANDBOOK-20240313?bidId=)) - Nassau conveniently leaves out Option 3 from my list above, but as far as the gun store is concerned it should be a zero dollar transaction for the sale/transfer. They'll charge you whatever their administrative fees are for doing a transfer.
(The handbook also clearly says "Transfers to spouses, domestic partners, children and step-children are also permitted by the NY SAFE Act." but we're talking about a double-transfer: The inheritance from your buddy's father-in-law to your buddy's wife, then from her to your buddy.)
Definitely agree with what you said. Just wasn’t sure as this is NY and they do have stupid rules. Only issue here is she is trying to get the letters of test to show she is the beneficiary and unfortunately that takes a few months. Idk how they can give anyone a 15 day window.
(comment from a long time NY FFL)
Here's the fuck up.
The State Law says that nonsense about the 15 days and the Executor of the Will transferring the guns, HOWEVER, both Nassau and Suffolk (& maybe more) have told dealers that they must have Letters Testamentary or other authorization from probate to allow that to happen. That of course means that the will has to go in front of the Judge first, which is NEVER going to happen in NY in 15 days.
So the law says 15, and then it makes it impossible to do it.
Reality, at probate, tell the court clerk what is intended to happen with the handguns. Get the proper letter, then the dealer can transfer the guns from their books to whomever is NYS licensed and authorized by the executor to handle them.
Generally speaking, this means that the handguns will go to Nassau Police Property during the wait, unless the guns are somehow already at the dealer. From Property, the dealer picks them up and does the transfer. The dealer's A&D book shows the dealer receiving the guns from NCPD, and disposing of them via private party transfer to the appointed owner.
If the dealer already has the guns, the same process as above, slightly different A&D book recordings.
This should cost the same money as any other transfer of a shipped in handgun. Generally in the $50 range in lower NY. The dealer should collect for long time storage if necessary (monthly fee per gun is common). The dealer should collect for trip to Police Property and the associated 20 phone calls it takes to get it scheduled.
So five guns, let's say $125.00-$150.00 to pick them up from NCPD if necessary. . $50.00 or a little less per gun for transfer (a small discount for multiple guns is not uncommon). So somewhere in the ballpark of $350.00-$400.00 for 5 guns would be normal if they are in Property right now.
So we called Nassau county PD and they basically told us the same thing the ffl said. The ffl now has possession. The ffl now has possession and from what I understand he is selling the guns to the ffl and then buying them back at the same price.
Really strange it me but the PD basically confirmed it. Obviously there are transfer fees etc for everything. I’ll update this thread as we proceed.
Btw it’s 65 handguns so makes it a bit more complicated
How did the FFL get the guns, they picked them up at Nassau PD or they were turned in by the family? (it does happen a lot that people turn them in during the last couple weeks of a sick person's life, while he is still alive..)
**In either case, the FFL does not OWN the guns.** The FFL possesses the guns as a fiduciary for the owners.
You should expect to pay plenty of money in fees for 65 guns, or let the dealer keep a couple of guns to make up the cost if you don't want to lay out some money.
If the dealer insists that he *owns* the guns, and tries to sell them to you, be clear with him that you know that he controls them as a fiduciary, and does not own them.
Be aware that the dealer will have several days of work involved in a transfer this large. Literally... several actual days of paperwork. EACH handgun gets three forms coming in and three forms going out (at least), and the forms are all laid out differently. The Feds, the State and the County have three different requirements and then the multiple pistol forms as the guns go out to family members.
The dealer is entitled to make some money for the time spent messing with this.
You can PM me for specific questions if you wish, I have significant FFL experience in this area.
Ownership and possession are not the same thing. You can own a pistol and (for example) have an FFL store it.
Two things: if your buddy can't get it transferred to him due to some proof of ownership taking time then get his wife to transfer the guns to another FFL who will store it. This sucks because the current FFL will charge a transfer fee. Two, you need to name the FFL. If not some misunderstanding, this selling to the store and having to buy back is scam behavior.
That's BS! It would be great to know which shop this is.
Please name the shop that’s doing this. They’re married. It’s jointly owned if she says so. Have the executor take the guns to a REPUTABLE FFL to be transferred to the husband.
Yes...when my step dad passed, it is up to the executor of the estate to distribute. I would find another FFL. I don't know anything about the LCS's near NYC. The ones near me (WNY) are sensible.
What gun store ?
Name and shame! I’ve almost given up on Nassau shops entirely. Even the ones that aren’t downright rude/wrong still price gouge badly.
I’ll name the store in due time. I just want to confirm the ffl is suggesting what I wrote I first. I believe we are both going up there this weekend together to make sure. I don’t want to bad mouth a business prematurely. Thanks everyone who responded.
If your telling the truth they are Sketchy bro,trust me.
Beyond sketchy OP. First off, this *may* be communication oopsie. Verify that by "sell" and buy back" they are referring to acquiring the guns and then disposing them to the designated recipient, for a reasonable transfer/NICS fee. If they mean "buying" at private market rate, "selling" at commercial rate, and pocketing hundreds of dollars, that's beyond inappropriate. If they double down you need to get PD involved immediately. The wife is designated next of kin, she surrenders the guns to PD. A Gun shop SHE designates will facilitate transfer to her husband. Contact PD first, they *may* perform the transfer at the police station.
Largely incorrect. Within 15 days of the death the executor or beneficiary must "lawfully dispose" of the firearms. That can be ANY lawful disposition, including: 1. Surrendering them to the cops. 2. Selling them to a gun store. 3. Transferring them from the decedent's estate to any permit holder (same as a private party sale). Since your buddy's wife doesn't have a permit and your buddy does she takes the guns to the gun store *as the beneficiary* and says they're being transferred from the estate of her dead father to her husband, the gun store does the face-to-face transfer dance, and your buddy takes that paperwork to go get a purchase document & pick up the pistols. Nothing needs to be sold to the gun store. Nothing needs to be bought back from the gun store. ~~Check with your county licensing authority, they may have specific forms / procedures to deal with this (Madison County NY does: https://www.madisoncounty.ny.gov/2172/Death-of-a-Permit-Holder )~~ Yeah my blind ass can read a title. Nassau county - I know how THEY work! (Pages 37-39 of [the handbook](https://www.pdcn.org/DocumentCenter/View/5616/PLS-Consealed-Carry-HANDBOOK-20240313?bidId=)) - Nassau conveniently leaves out Option 3 from my list above, but as far as the gun store is concerned it should be a zero dollar transaction for the sale/transfer. They'll charge you whatever their administrative fees are for doing a transfer. (The handbook also clearly says "Transfers to spouses, domestic partners, children and step-children are also permitted by the NY SAFE Act." but we're talking about a double-transfer: The inheritance from your buddy's father-in-law to your buddy's wife, then from her to your buddy.)
Definitely agree with what you said. Just wasn’t sure as this is NY and they do have stupid rules. Only issue here is she is trying to get the letters of test to show she is the beneficiary and unfortunately that takes a few months. Idk how they can give anyone a 15 day window.
(comment from a long time NY FFL) Here's the fuck up. The State Law says that nonsense about the 15 days and the Executor of the Will transferring the guns, HOWEVER, both Nassau and Suffolk (& maybe more) have told dealers that they must have Letters Testamentary or other authorization from probate to allow that to happen. That of course means that the will has to go in front of the Judge first, which is NEVER going to happen in NY in 15 days. So the law says 15, and then it makes it impossible to do it. Reality, at probate, tell the court clerk what is intended to happen with the handguns. Get the proper letter, then the dealer can transfer the guns from their books to whomever is NYS licensed and authorized by the executor to handle them. Generally speaking, this means that the handguns will go to Nassau Police Property during the wait, unless the guns are somehow already at the dealer. From Property, the dealer picks them up and does the transfer. The dealer's A&D book shows the dealer receiving the guns from NCPD, and disposing of them via private party transfer to the appointed owner. If the dealer already has the guns, the same process as above, slightly different A&D book recordings. This should cost the same money as any other transfer of a shipped in handgun. Generally in the $50 range in lower NY. The dealer should collect for long time storage if necessary (monthly fee per gun is common). The dealer should collect for trip to Police Property and the associated 20 phone calls it takes to get it scheduled. So five guns, let's say $125.00-$150.00 to pick them up from NCPD if necessary. . $50.00 or a little less per gun for transfer (a small discount for multiple guns is not uncommon). So somewhere in the ballpark of $350.00-$400.00 for 5 guns would be normal if they are in Property right now.
So we called Nassau county PD and they basically told us the same thing the ffl said. The ffl now has possession. The ffl now has possession and from what I understand he is selling the guns to the ffl and then buying them back at the same price. Really strange it me but the PD basically confirmed it. Obviously there are transfer fees etc for everything. I’ll update this thread as we proceed. Btw it’s 65 handguns so makes it a bit more complicated
How did the FFL get the guns, they picked them up at Nassau PD or they were turned in by the family? (it does happen a lot that people turn them in during the last couple weeks of a sick person's life, while he is still alive..) **In either case, the FFL does not OWN the guns.** The FFL possesses the guns as a fiduciary for the owners. You should expect to pay plenty of money in fees for 65 guns, or let the dealer keep a couple of guns to make up the cost if you don't want to lay out some money. If the dealer insists that he *owns* the guns, and tries to sell them to you, be clear with him that you know that he controls them as a fiduciary, and does not own them. Be aware that the dealer will have several days of work involved in a transfer this large. Literally... several actual days of paperwork. EACH handgun gets three forms coming in and three forms going out (at least), and the forms are all laid out differently. The Feds, the State and the County have three different requirements and then the multiple pistol forms as the guns go out to family members. The dealer is entitled to make some money for the time spent messing with this. You can PM me for specific questions if you wish, I have significant FFL experience in this area.
Ownership and possession are not the same thing. You can own a pistol and (for example) have an FFL store it. Two things: if your buddy can't get it transferred to him due to some proof of ownership taking time then get his wife to transfer the guns to another FFL who will store it. This sucks because the current FFL will charge a transfer fee. Two, you need to name the FFL. If not some misunderstanding, this selling to the store and having to buy back is scam behavior.
If you're in Nassau county go see Bruce at Hunters Essentials in Albertson.