[WSBAPT] Guns in an estate

[Paul Neumiller]

My client PR and the beneficiaries who did not want the guns agreed to bring in Cabelas.  We contacted the local Cabelas (who was fully licensed and able to take possession) and they bought anything of value and agreed to destroy the junk stuff.


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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Monday, October 18, 2021 6:21 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Guns in an estate

Listmates,
I am working on the administration of an estate which includes a number of guns (pistols and rifles).

Based on my review of RCW 9.41.113(h) - Firearms sales or transfers, it appears that when the gun is acquired by operation of law on the death of the owner there is no background check requirement for non-pistols. For pistols, the transferee has 60 days to notify the DOL that the transferee intends to retain possession of the pistol.

Here is a link to the text of the law<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D9.41.113&data=04%7C01%7C%7Cfc351f968bc5456aa22c08d9929f58a1%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637702035367332651%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=QBldX16r0PATL%2FXk%2FfFCGNrXZ1ojo6JSTGsLbv0io8g%3D&reserved=0>

I have the following questions:

1) Does anyone have any resources or experience with guns in estate that they are willing to share - particularly if there are regs or statutes which change or color the application of RCW 9.41.113.

2) In particular, I'm wondering if the term "by operation of law" as set forth in 9.41.113(h) refers to the PR's possession of the guns rather than the ultimate heir or beneficiary?

3) Can you recommend a federally licensed gun dealer who can appraise and sell guns on behalf of an estate?

Thank you as always for your considerable time and experience.

Warmly,
Laura

--
Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<https://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lauralatta.com%2F&data=04%7C01%7C%7Cfc351f968bc5456aa22c08d9929f58a1%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637702035367342609%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=9sE5PX5pMkDBFCWm1sE69JHc2x7qp9zpnaUMIg1VpcY%3D&reserved=0>

PO Box 82356

Kenmore, WA 98028

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