Thread: deceased estate guns

Here's an excerpt from the Buy, Sell, Swap section.

@timattalon wrote: At this stage I am not sure how to sell / transfer to a registered owner as it is not me actually selling them (current owner has passed). If someone is on the register and is really keen on one of these, PM me as I might be able to work out how to do that, but at this stage I do not know.

FWIW I was recently asked by a friend whose father had died to take possession of his unregistered guns as neither of his sons has a license and the cops were inquiring about what the estate planned to do with them (the cops were going to uplift them if they didn't have an acceptable plan).

I took possession of them and registered them to my existing account without any significant issues. In the course of doing so I had to call them as one gun was an odd-ball and when I started to briefly describe the back story, their first response (somewhat needlessly) was "that's an activating event" (no kidding Einstein, why do you think I'm calling for help with registration?).

So, if you are in possession of (not own, but holding) them, you in theory should register them to you. If you don't physically possess them, or you want to fly under the radar and/or can't be arsed registering them, you should be able to sell them OK and the buyer is then compelled to register them. Just ensure you record the buyer details so if the cops do chase the estate for their whereabouts, you can assure them they are now in the possession of a licensed person. The cops will then check that buyer's account to ensure they have been registered (as they did with me).

Bear in mind, not every gun is currently registered, so it is conceivable that someone buys a gun off an unregistered person, and provided the gun is then registered, the cops have no issue with the transaction. I don't believe selling or disposing of a gun is an activating event, notwithstanding that you should have registered them if you took possession of them from the deceased's gun safe, even if you don't own them.

Just prior to this, I bought a sweet 682 GoldE sporter from an unregistered owner who is resisting the registration process as long as possible and I was able to register it OK and was never asked its origin.

Selling a firearm is an activating event, so old mate who sold you the 682 should be getting registered....

"The first time you sell or supply an arms item, you must record it in the Registry and provide the following details*at the time of the sale or supply, or immediately after:

the date you handed over or dispatched the arms item, and the name and licence number of the person to whom the item was delivered"

You then have 30 days to register all your other stuff

Originally Posted by Ben-tard

Selling a firearm is an activating event, so old mate who sold you the 682 should be getting registered....

"The first time you sell or supply an arms item, you must record it in the Registry and provide the following details*at the time of the sale or supply, or immediately after:

the date you handed over or dispatched the arms item, and the name and licence number of the person to whom the item was delivered"

You then have 30 days to register all your other stuff

I guess if you acquire guns from a deceased person you have to register them in your name and the deceased doesn’t have to register them and declare they’ve handed them over

Originally Posted by Finnwolf

I guess if you acquire guns from a deceased person you have to register them in your name and the deceased doesn’t have to register them and declare they’ve handed them over

Don't know, wouldn't surprise me if someone at the FSA was expecting them to...

Originally Posted by Ben-tard

Don't know, wouldn't surprise me if someone at the FSA was expecting them to...

Like when the IRD chases deceased people for taxes, because there are two things in life you can be certain of….

Death and taxes, sometimes in that order.

I have just been through this twice in the last month.

1: if the person is alive, and the licence expires, then they don’t hold a licence and therefore aren’t required (literally cannot) to register firearms, you just register them “fresh” and explain they have come from someone who isn’t renewing, and in my case they didn’t care or have interest in following up the origin, as long as they were being registered.


2: if deceased, just register them in your name, and once again explain they have come from a deceased estate. Then much the same again, they aren’t concerned on origin, as long as it is being registered and held legally.

I genuinely would have thought following up (___) either is in fact dead and has nothing left hiding away, or (___) who isn’t renewing has in-fact surrendered all arms items to an LFO or similar would have been top priority to stop stuff falling through the cracks, but apparently not in the slightest.

If the guns are not Registered and the Buyer is not on the Register, the FSA does not need to be involved. They will go on the Register when the Buyer has a "Triggering Event".

Originally Posted by BSA

If the guns are not Registered and the Buyer is not on the Register, the FSA does not need to be involved. They will go on the Register when the Buyer has a "Triggering Event".

The sale/purchase of a gun is an activating event by itself. Just because the FSA may not know about it, doesn’t mean you shouldn’t still meet your legal obligations..

Originally Posted by StrikerNZ

The sale/purchase of a gun is an activating event by itself. Just because the FSA may not know about it, doesn’t mean you shouldn’t still meet your legal obligations..

After All is said and done, that would be the fit and proper thing to do.