[WSBAPT] Guns in an estate

[Marvin Benson]

Does the statute RCW 9.41.113 mean that an heir of the deceased (at least
where both are Washington state residents) can simply receive possession of
the firearms they inherit? but for pistols after 60 days.?

Marvin Benson



On Tue, Oct 19, 2021 at 9:51 AM Laura Latta <laura at lauralatta.com> wrote:

> Thank you, Paul, this is very helpful.
>
> On Tue, Oct 19, 2021 at 9:43 AM Paul Neumiller <pneumiller at hotmail.com>
> wrote:
>
>> 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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>
>
> --
>
>
> *Laura LattaLaw Office of Laura Latta PLLC*
>
> she/her
>
> Phone (206) 841-2344
>
> www.LauraLatta.com
>
> PO Box 82356
>
> Kenmore, WA 98028
>
>
>
> *NOTICE:  This communication may contain privileged or other confidential
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