Transfer Question

[AirportFF]

My uncle has offered me the chance to purchase his Colt 1911. I haven't seen this gun in over 40 years, but I know how he keeps his stuff. SPOTLESS

The potential hiccup is the question of transfer. He has recently suffered a series of mini strokes and is now in an assisted living facility. He really can't travel without a nurse being with him.

Is there a way of doing the transfer without him having to go to an FFL? Oh here's the kicker....he lives in NY. Would one of his kids be able to do it, since he really isn't of sound mind and body? I just want to make sure everything is legit before committing to anything.

Thanks

[tl_3237]

My uncle has offered me the chance to purchase his Colt 1911. I haven't seen this gun in over 40 years, but I know how he keeps his stuff. SPOTLESS

The potential hiccup is the question of transfer. He has recently suffered a series of mini strokes and is now in an assisted living facility. He really can't travel without a nurse being with him.

Is there a way of doing the transfer without him having to go to an FFL? Oh here's the kicker....he lives in NY. Would one of his kids be able to do it, since he really isn't of sound mind and body? I just want to make sure everything is legit before committing to anything.

Thanks

Who is managing his affairs?

Does he have an attorney-in-fact (someone with power of attorney)? Does he have a court appointed conservator? Either of these can, subject to limitations, (transfer ownership) of personal property from his name.

If he is lucid enough to manage his affairs, he/the family can engage a cooperative NY FFL to visit him to execute whatever transfer documentation is necessary (both NY and Federal), pick up the gun from wherever it is stored, take it into his business inventory, and subsequently transfer it to your local FFL.

[AirportFF]

I actually stopped by my LGS today and got the answers I needed. His daughter has power of attorney and can do the transfer paperwork at my local FFL.

[knight0334]

I actually stopped by my LGS today and got the answers I needed. His daughter has power of attorney and can do the transfer paperwork at my local FFL.

For her to have mere possession of her father's handgun she would need to have a NY permit.

Legally - the only person who can touch his gun is him or another permittee.

[AirportFF]

For her to have mere possession of her father's handgun she would need to have a NY permit.

Legally - the only person who can touch his gun is him or another permittee.

That's what I thought also. He's had these handguns for years. Does anyone know offhand when NYS started with their pistol permits? His ownership may predate that, I'm not sure.

[str8shooter]

That's what I thought also. He's had these handguns for years. Does anyone know offhand when NYS started with their pistol permits? His ownership may predate that, I'm not sure.

The way I read the new laws enacted this year, there is no longer any grandfather clause in NY. If you are in possession of a pistol, you must have a pistol permit, which can take months to obtain, and can only be obtained by a NYS resident. Also, anyone with a pistol permit who has a pistol which is already registered with the state must re-register it, and do so every 5 years. I believe the only way she can proceed with the transfer to you on his behalf is to take it straight to a NY FFL with the proper legal documentation giving her authority to sell it, and have it sent to a PA FFL. A small price to pay for a family heirloom.

oblig: IANAL

[AirportFF]

The way I read the new laws enacted this year, there is no longer any grandfather clause in NY. If you are in possession of a pistol, you must have a pistol permit, which can take months to obtain, and can only be obtained by a NYS resident. Also, anyone with a pistol permit who has a pistol which is already registered with the state must re-register it, and do so every 5 years. I believe the only way she can proceed with the transfer to you on his behalf is to take it straight to a NY FFL with the proper legal documentation giving her authority to sell it, and have it sent to a PA FFL. A small price to pay for a family heirloom.

oblig: IANAL

OK now here's where it's gonna get real complicated. His daughter is a Ct resident.....

I may have to pass on this one. I still don't know what he wants for it. But he's not known for his "friends and family discounts"

I guess I'll put a few calls into a couple reputable NY FFLs. If I can find one

[str8shooter]

OK now here's where it's gonna get real complicated. His daughter is a Ct resident.....

I may have to pass on this one. I still don't know what he wants for it. But he's not known for his "friends and family discounts"

I guess I'll put a few calls into a couple reputable NY FFLs. If I can find one

Things are getting a little fuzzy. Your OP said you were offered a chance to buy your uncle's Colt 1911, but he never mentioned a price in that offer? Then you stated he's owned "these handguns" for years. Are you looking at just one in particular or several?

Regardless, it might not be a lost cause. If your cousin has power of attorney she should also be able to set the price if your uncle is not competent to make rational financial decisions and has granted her that authority. Talk to your cousin, research the NY and CT laws and if you want the gun make her an offer for fair market value less a F&F discount to keep it in the family. If the gun has sentimental value I would think you and your cousin could work out a favorable deal to offset the costs of using FFLs to keep the transfer on the up and up. If not, there's plenty of used 1911's for sale in PA with less hoops to jump through to buy them.

[knight0334]

That's what I thought also. He's had these handguns for years. Does anyone know offhand when NYS started with their pistol permits? His ownership may predate that, I'm not sure.

I doubt it considering the Sullivan Act created the burden in 1911.

[AirportFF]

Things are getting a little fuzzy. Your OP said you were offered a chance to buy your uncle's Colt 1911, but he never mentioned a price in that offer? Then you stated he's owned "these handguns" for years. Are you looking at just one in particular or several?

He has several handguns. But I was only interested in the 1911. More for the history part than anything. He actually brought it up to my mother what he was interested in selling, she relayed it to me.

If I get a chance tomorrow I'll swing by the facility he's in and try to figure out where we go from here.