[WSBAPT] Transfer of Revolver - Best Practice?

Fri Mar 31 00:14:25 PDT 2023

Best practice: have a licensed dealer handle everything. Even better: have the dealer pick it up from the deceased’s house—that way, the PR never needs to transport it themselves.

This is my info I provide during estate planning meetings with clients with pistols:

€        Pistols. Under Washington law, pistols are set apart from other weapons. If the deceased person left a pistol, the personal representative must transfer it within 60 days of coming into possession of it. If that cannot or does not happen, the personal representative is supposed to notify the Washington State Department of Licensing to inform the department that he/she has taken possession of the pistol and intends to retain possession in compliance with state and federal law until such time as it is disposed of. Typically, sixty days is too early to make distributions from an estate, given the four-month period for challenging a will. But if the personal representative believes that there is not likely to be a dispute over the weapon, there may be little risk in distributing firearms before this four-month will contest period lapses, assuming there is no significant value associated with the particular firearm. The personal representative should use a local, federally licensed firearms dealer to facilitate the sale or transfer of the pistol. The dealer will conduct any required background checks. The dealer will likely charge a fee for the services.

Ronda Larson Kramer
J.D., LL.M. Taxation, Owner

LARSON LAW, PLLC
Elder Law, Estate Planning
P.O. Box 7337
Olympia WA 98507
Ph: 360-768-0775
ronda at larsonlawpllc.com<mailto:ronda at larsonlawpllc.com>
www.larsonlawpllc.com<http://www.larsonlawpllc.com/>

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From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Laura Latta
Sent: Thursday, March 30, 2023 5:44 PM
To: roger at skyvalleylawyers.com
Cc: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Transfer of Revolver - Best Practice?

Yes, must consider: 1)  rules for the transfer; 2) rules for possession by the beneficiary; and 3) rules about transportation of firearms. I have not advised on the transportation rules before.

Laura Latta
Law Office of Laura Latta PLLC
she/her

Phone (206) 841-2344
www.LauraLatta.com<http://www.LauraLatta.com>

4010 Lake Washington Blvd. NE Ste. 202

Kirkland, WA 98033

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On Thu, Mar 30, 2023 at 11:52 AM Roger Hawkes <roger at skyvalleylawyers.com<mailto:roger at skyvalleylawyers.com>> wrote:
My guess is there are serious federal rules about  transporting a firearm interstate.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Timothy Wagar
Sent: Thursday, March 30, 2023 11:06 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Transfer of Revolver - Best Practice?

Would appreciate any thoughts on best practices here:

I have a probate where decedent left a .38 Smith & Wesson revolver to his grandson, who resides in Oregon. From my review of RCW 9.41.113(4) it seems that the transfer would be exempt from needing to be transferred through a firearms dealer. However, while it looks like Oregon has a similar statute (ORS 166.435) that would also exempt the transfer—I’m wondering if I’m missing something? Also, thoughts on best practices for making the transfer, PR does not want to drive to Oregon to hand deliver. Should firearm be shipped to a dealer near beneficiary in Oregon?

Thanks in advance.

Tim

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Timothy A. Wagar LLM
Phone & Fax:  425-358-5340
Email: tim at testamentlawfirm.com<mailto:tim at testamentlawfirm.com>
22525 SE 64th Pl.
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Issaquah, WA 98027
www.testamentlawfirm.com<http://www.testamentlawfirm.com/>

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