Blog Layout

Own Guns? Don’t Leave Your Heirs This Problem

Cindy Nelson • Nov 06, 2018

Most gun owners are cognizant of the strict regulations concerning ownership of a firearm. However, their family members and heirs are often unaware of the laws governing the disposition of a firearm, when the gun owner dies.

The NY Secure Ammunition and Firearms Enforcement (SAFE) Act, enacted in response to the Sandy Hook shootings, amended many of New York’s laws to provide strict regulations, including guidelines and a timeframe for safeguarding firearms after a gun owner dies.   However, do the new laws leave family members and heirs at risk of criminal liability?

The New York Law Journal considered this issue recently in an article titled “Death of a Gun Owner: Criminal Liability for an Heir?” The article looks examines how the act works and what happens to heirs, when a gun owner dies.

The SAFE Act created a statewide database that tracks people who were issued gun licenses, closed some loopholes regarding private gun sales, required stricter gun storage retirements and created more strict penalties for people who are found guilty of using or owning a gun.

In the estates world, the act also amended the New York Surrogate’s Court Procedure Act (SCPA) that requires estate fiduciaries to file a firearms inventory with the Surrogate’s Court to settle the estate of a decedent who owned guns. The inventory must be filed with the Division of Criminal Justice Services as a way of ensuring that the state knows where guns are located and about any transfer of ownership. There are also very specific time limitations for when the inventory must be filed.

What if your heirs don’t even know you own guns?

When a licensed gun owner dies, the person in charge of the decedent’s personal property is technically in illegal possession of the gun and guilty of criminal possession of a weapon. The law does provide an exemption from criminal liability for an executor or administrator or any other lawful possessor of a decedent’s firearm if, within 15 days of the death of the gun owner, the person either disposes of the gun lawfully or turns the gun over to the police.

Failure to do so could result in criminal charges, including a class A misdemeanor punishable by up to one year in jail or three years of probation and a $1,000 fine.

Fifteen days is a very short time in which to require that the gun is turned over to the police or “disposed of lawfully.” People who are not gun owners may not know what they should do. In some states, the law requires that the disposal of firearms must be conducted by a licensed firearms dealer.   However, there is an exception for transfers between immediate family members. That means spouses, domestic partners, children and stepchildren.   However, those receiving the gun must have a valid license to possess a firearm.

Each state has different laws regarding the possession of firearms, in addition to federal requirements. An experienced estate planning attorney will know the laws of your state and help you properly prepare for the transfer of any firearms. This is one headache you don’t want to leave your heirs to face.

Reference: New York Law Journal (Sep. 7, 2018) “Death of a Gun Owner: Criminal Liability for an Heir?”

05 Apr, 2024
How Trusts Minimize Taxes and Maximize Your Wealth. If you are over 65 and made more than $15,700 income in 2023, you are above the filing requirement that makes April less fun.
estate planning lawyers
20 Mar, 2024
Here are some reasons why it's time to start contacting local estate planning lawyers. Keep reading to learn more about why you shouldn't wait.
12 Mar, 2024
MYTH: Once you qualify for Medicaid nursing home care benefits, Medicaid will pay 100% of the cost.  MYTH BUSTED: Contrary to popular belief, receiving Medicaid doesn't mean the government automatically pays the entire bill for your nursing home care. In reality, you are expected to contribute a significant portion of your income towards the cost of care. This is known as the co-share, patient liability, or patient share of cost, and plays a crucial role in covering the expenses of your long-term care. Patient liability is your total monthly income minus approved allowances or deductions. The remaining amount is what you pay to the nursing home, while Medicaid covers the rest of the bill. With nursing home care in Georgia averaging $9,000-$11,000 per month, the financial benefit far outweighs the complexity of navigating Medicaid. Let's look at an example:
By 7066160206 05 Mar, 2024
Navigating Probate in Georgia can be daunting, especially with the myriad of misconceptions surrounding it. The legal process of settling a deceased person's estate can lead to confusion and unnecessary worry for individuals and families dealing with the aftermath of a loved one's passing. Let's debunk some of the most persistent myths about the Probate process in Georgia: Myth 1: Estate and inheritance taxes will eat up all of the inheritance I leave for my family. While estate taxes can be a concern in some cases, Georgia does not impose a state estate tax or an inheritance tax. Additionally, federal estate tax laws apply only to estates exceeding $13.6 million (individual) or $27.22 million (couple) as of 2024. Given this high threshold, most estates won't incur significant taxes that would deplete the entire inheritance. Myth 2: If I have a Will, my estate will not go through Probate. This is an all-too-common misconception. Having a Will does not mean your estate avoids Probate. In fact, the Probate judge will use your Will as guidance on how to distribute your assets, complying with any state laws, and ensuring your wishes are carried out. Having a Will can streamline the Probate process, but the court will still oversee the administration of the estate. Myth 3: Debts disappear at death. Contrary to this popular belief, debts do not disappear when someone passes away. Instead, creditors have the right to make claims against the deceased person's estate during Probate. Part of the Probate process involves addressing outstanding debts and ensuring they are paid from the estate's assets before inheritance distribution to beneficiaries. Myth 4: If there is a surviving spouse, the family home doesn't go through Probate. While a surviving spouse may have certain rights regarding the family home, such as a homestead exemption, the property may still need to go through Probate depending on how it is titled and whether there are other heirs with ownership interests. In Georgia, transferring ownership of the home typically requires the Probate process. Since real estate is usually the most valuable asset a family owns, it's important to consult our experienced Probate attorneys to determine the best course of action regarding real estate in Probate cases. Myth 5: I can handle the Probate process on my own. While it's possible to navigate Probate without legal assistance, it's often advisable to seek guidance from a qualified attorney, especially for complex estates or if disputes arise. In Georgia, there are more than a dozen steps to the Probate process, each with its own timeline, paperwork, and potential pitfalls. Our attorneys provide valuable expertise and ensure the process proceeds smoothly according to paperwork deadlines and state laws. While the process can be confusing and overly complicated, working with a Probate lawyer can help dispel common myths and alleviate unnecessary stress. We work with individuals and families every day to facilitate the Probate process so they can access their inheritance, understand their rights and obligations, and clear all the legal hurdles as quickly as possible.
22 Feb, 2024
Do you have a will? If you need to start the estate planning process, here are a few questions to ask your estate planning attorneys.
19 Feb, 2024
While a Will is a crucial component of estate planning, there are several other documents that are equally, if not more, important.
By Josh Nelson 25 Jan, 2024
Estate planning is a crucial aspect of securing your legacy and ensuring a smooth transition of assets to your heirs.
estate planning lawyers
25 Jan, 2024
Working with estate planning lawyers can provide valuable guidance and peace of mind. Here are seven ways these professionals can help you create a plan.
17 Nov, 2023
Looking to invest in the services of a professional estate planning attorney? Here are some of the biggest reasons why it pays to look for an expert near you.
11 Oct, 2023
Ensure your loved ones receive what you've set aside for them. Here are some of the ways an expert estate planning lawyer to help you protect your family.
More Posts
Share by: