[WSBAPT] Transfer of firearm after death of owner

[A. Colby Parks]

Hello Mr. Lindsey.  As you may know, there are federal laws respecting the
transfer of a pistol.  And, if a pistol, a report needs to go to DOL.  What
type of firearm is involved and where is the firearm located/who has
possession?  Feel free to call me to discuss the case.   Colby

 

ACP

Law Office of A. Colby Parks, Attorney at Law, P.S.

Dedicated to your family enterprise.

(253) 682-1960

 <http://www.tacomacounsel.com/> www.tacomacounsel.com       

 

               <https://twitter.com/#!/AColbyParks>
<http://www.linkedin.com/pub/colby-parks/13/b89/3b8>       

 

 

The information in this electronic mail message is protected by legal
privilege and the Electronic Communications Privacy Act, 18 U.S.C.  §§
2510-2521.  This message is intended only for the use of the recipient named
above.  Dissemination, distribution or copying of this communication, to or
by anyone other than by its intended recipient, is strictly prohibited.  If
you have received this electronic mail in error, please notify this law firm
immediately, return this electronic mail immediately to the sender, and
delete any copy of the electronic mail from your mail system and files.
Additionally, pursuant to the rules of professional conduct set forth in
Circular 230, as promulgated by the United States Department of the
Treasury, nothing contained in this communication was intended or written to
be used by any taxpayer for the purpose of avoiding penalties that may be
imposed on the taxpayer by the Internal Revenue Service, and it cannot be
used by any taxpayer for such purpose.  No one, without expressed prior
written permission, may use or refer to any tax advice in this communication
in promoting, marketing, or recommending a partnership or other entity,
investment plan, or arrangement to any other party.  Thank you.

 

From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of G. (Gus) Benjamin
Lindsey III
Sent: Thursday, August 06, 2015 11:11 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Transfer of firearm after death of owner

 

Hello,

 

I have an interesting probate situation regarding the transfer of a firearm.


 

The decedent’s estate includes a firearm. The sole heir of the estate falls
with the exceptions to RCW 9.431.113 (family member) 

 

However the sole heir, who resides in another state, wants the personal
representative to have the firearm. The Personal Representative resides in
Washington.

 

If I am reading the statute correctly, the heir has to do a transfer in
compliance with RCW 9.41 in order to properly gift the gun to the personal
representative.  Or does RCW 9.41.113(4)(g) provide another avenue for the
personal representative to legal keep the firearm based on the below
language. 

 

A person who (i) acquired a firearm other than a pistol by operation of law
upon the death of the former owner of the firearm or (ii) acquired a pistol
by operation of law upon the death of the former owner of the pistol within
the preceding sixty days. At the end of the sixty-day period, the person
must either have lawfully transferred the pistol or must have contacted the
department of licensing to notify the department that he or she has
possession of the pistol and intends to retain possession of the pistol, in
compliance with all federal and state laws.

 

Input from anyone that has dealt with a similar situation since the new law
was passed will be appreciated.

 

 

Sincerely,

 

G. (Gus) Benjamin Lindsey III

Attorney-at-Law



 

The Law Office of G. Benjamin Lindsey III

2012 Grade Road, Suite 202

Lake Stevens, WA 98258

 

Phone:   (425) 263-9585

 

website: www.gbl3law.com <http://www.gbl3law.com/> 

 

Business Law     Employment Law     Construction Law     Civil Litigation
Estate Planning      Labor Law     

 

CONFIDENTIALITY NOTE: This e-mail message contains information belonging to
The Law Office of G. Benjamin Lindsey III, which may be privileged,
confidential and/or protected from disclosure.  The information is intended
only for the use of the individual or entity named above.  If you think that
you have received this message in error, please contact the sender.  If you
are not the intended recipient, any dissemination, distribution or copying
is strictly prohibited

 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150807/5433347c/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 3356 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150807/5433347c/image001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 1590 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150807/5433347c/image003.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 2609 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150807/5433347c/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.jpg
Type: image/jpeg
Size: 3676 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150807/5433347c/image005.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image006.png
Type: image/png
Size: 7392 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20150807/5433347c/image006.png>