[WSBAPT] Specific Gift of Firearm to Minors

[jeffrey winter]

The type of firearm will be important.  I believe, if we are talking a handgun, the child will have to wait until 21, if you want to transfer directly (as opposed to a sale).  You will also want to check the statutes modified by I 594 as to whether the transfer will need to be registered through an FFL or not.  Long guns (rifles, shotguns, etc) may be a different story, and are easier to transfer.  A Federa Firearm Licensee(FFL), which includes most gun stores, ranges, etc., should take a look at the firearm to make sure that it is not subject to any special taxes imposed on the firearm (for example, if it has a supressor attached, the suppressor may have to be registered, but the firearm itself may be ok otherwise.)

Jeff Winter
Law Office of Jeffrey D. Winter, P.S.
604 North Main Street
Ellensburg, WA 98926
(509) 925-9600

________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Paul Neumiller <pneumiller at hotmail.com>
Sent: Wednesday, June 5, 2019 12:47 PM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Specific Gift of Firearm to Minors


I realize that this might be an obnoxious question (kinda like tech support asking if the computer is plugged in) but have you asked the kid if he wants the guns?  Maybe he’ll agree to a sale and he gets the money.  If the kid is close to 18, maybe wait until he is 18 so you don’t need a GAL?  Can a minor even own a gun?





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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Thomas Hackett
Sent: Wednesday, June 5, 2019 12:28 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Specific Gift of Firearm to Minors



Hello Listmates:



We have a client serving as PR of a testate estate here in Clark County. Decedent has a surviving spouse, several children (one of which is the PR), and a grandchild as survivors. Will specifically devises several pieces of personal property to specific children. In particular, it devises several firearms to the PR's minor child (he is 17).



PR as a parent is not keen on the child (who has no experience with firearms) receiving the guns.



Our question is whether a GAL needs to be appointed to represent minor child's interest in these firearms. Can the GAL and the PR agree to sell the guns rather than transfer them to the minor? Can the PR sell the guns and instead devise the proceeds to the child without the need for a GAL to be appointed?



Your thoughts on this situation are appreciated.



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Thomas A. Hackett

Attorney

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