Legal Question

diver1diver1 Member Posts: 491 ✭✭
edited December 2010 in General Discussion
you know my mom passed a few weeks back... she had a very small life insurance policy 10,000.00 and my dad was beneficiary...he passed 5 years ago..there was no contingents....Insurance sent a check payable to my moms name estate... ok we have to open a small estate account according to the clerk of court and the lawyer... what exactly is opening a small estate for... is it for creditors to come and get if they want to


  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    Anyone on the Forums an Legal Attorney
    I Have a Question That Needs Attention![:0]
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    A brother of mine is on probation for a domestic violance charge, it's a missdomeaner and he's got a diversion so in 6 months it will be off his record if no other problems in that time. he has been told that he can no longer own a firearm ever. does anyone know if this is true? I told him to ask his PO next time he sees him to be sure, just wondering if anyone has had to deal with this situation. thanks

    "Life is not a journey to the grave wtih the intention of arriving safely in a pretty and well-preserved body,

    But rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming

    -WOW- WHAT A RIDE!!!!!"
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    My company that I work for offers a added benefit, a legal plan ARAG Attorney Network for $17.45 per month, what do you guys think should I participate?
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    I want to know if it is legal to post someones phone number on the web.I know this may sound silly but I dont know. The mans phone number was easily accessed by doing a search of the white pages in my zip code and it is the representative of the cumberland county democratic party referenced in my other post about me being charged for allegedly taking a kerry campaign sign...I figure if they can call him it might help

  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    I live in North Carolina and have a friend with a legal issue. Back in 1957 a man died without a will. This man had a wife and 4 children at the time her children gave her the right to live on the property during her life time. My first questions is why was she not entitled to the whole property free and clear of her children. Now when she dies the children have the property timbered and the money put in the bank.My friends stepfather dies without a will his wife is told that she can't inheret his complete 1/4 share of the farm either. Their were two children from an earlier marriage do they superseed the wife I thought that the wife was entitled to a 1/2 if he were alive and the whole if he dieds, or do the three inheret equally. We were talking and this came up I don't want an opion that's actionable just a dicussion of the situation. Thanks Vince
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    I was looking at another (non-firearm friendly) auction site. There was a Winchester 94 receiver listed. Is this legal? It wasn't a complete rifle but wouldn't it have to go through an FFL?
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    Hi guys! Hoping someone here can answer the question I've got...California (and several other states) have bans on high capacity magazines. I live in southern Colorado where no such bans exist. California Penal Code 12020 states that any person in the state that tries to import high cap mags into California can be prosecuted and serve up to but not more than one year in a county prison. So here is my question: What could happen to me if I were to send a high cap mag to a person in California as a private sale? Obviously they could get nailed by their own state laws. However, I am not bound by California State law and it is totally legal for me to export mags from my state. Anyone know?
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    Well I thought I was right and every source I could find agreed with me. A couple of posters on another site disagreed and I am starting to feel like they might be right.

    So the question was can a person without a carry permit have a loaded handgun in a vehicle. The general consensus is that there is no way. After reading the law a few dozen times that might not be true.

    The first law says,

    RCW 9.41.050
    Carrying firearms.

    (1)(a) Except in the person's place of abode or fixed place of business, a person shall not carry a pistol concealed on his or her person without a license to carry a concealed pistol.

    (b) Every licensee shall have his or her concealed pistol license in his or her immediate possession at all times that he or she is required by this section to have a concealed pistol license and shall display the same upon demand to any police officer or to any other person when and if required by law to do so. Any violation of this subsection (1)(b) shall be a class 1 civil infraction under chapter 7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW and the infraction rules for courts of limited jurisdiction.

    (2)(a) A person shall not carry or place a loaded pistol in any vehicle unless the person has a license to carry a concealed pistol and: (i) The pistol is on the licensee's person, (ii) the licensee is within the vehicle at all times that the pistol is there, or (iii) the licensee is away from the vehicle and the pistol is locked within the vehicle and concealed from view from outside the vehicle.

    (b) A violation of this subsection is a misdemeanor.

    (3)(a) A person at least eighteen years of age who is in possession of an unloaded pistol shall not leave the unloaded pistol in a vehicle unless the unloaded pistol is locked within the vehicle and concealed from view from outside the vehicle.

    (b) A violation of this subsection is a misdemeanor.

    (4) Nothing in this section permits the possession of firearms illegal to possess under state or federal law.

    The next law says,

    RCW 9.41.060
    Exceptions to restrictions on carrying firearms.

    The provisions of RCW 9.41.050 shall not apply to:

    (1) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this state or another state;

    (2) Members of the armed forces of the United States or of the national guard or organized reserves, when on duty;

    (3) Officers or employees of the United States duly authorized to carry a concealed pistol;

    (4) Any person engaged in the business of manufacturing, repairing, or dealing in firearms, or the agent or representative of the person, if possessing, using, or carrying a pistol in the usual or ordinary course of the business;

    (5) Regularly enrolled members of any organization duly authorized to purchase or receive pistols from the United States or from this state;

    (6) Regularly enrolled members of clubs organized for the purpose of target shooting, when those members are at or are going to or from their places of target practice;

    (7) Regularly enrolled members of clubs organized for the purpose of modern and antique firearm collecting, when those members are at or are going to or from their collector's gun shows and exhibits;

    (8) Any person engaging in a lawful outdoor recreational activity such as hunting, fishing, camping, hiking, or horseback riding, only if, considering all of the attendant circumstances, including but not limited to whether the person has a valid hunting or fishing license, it is reasonable to conclude that the person is participating in lawful outdoor activities or is traveling to or from a legitimate outdoor recreation area;

    (9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

    (10) Law enforcement officers retired for service or physical disabilities, except for those law enforcement officers retired because of mental or stress-related disabilities. This subsection applies only to a retired officer who has: (a) Obtained documentation from a law enforcement agency within Washington state from which he or she retired that is signed by the agency's chief law enforcement officer and that states that the retired officer was retired for service or physical disability; and (b) not been convicted or found not guilty by reason of insanity of a crime making him or her ineligible for a concealed pistol license.

    Now the second law does not address vehicles. But if I am now reading it right the second law section 8 exempts all the stuff in the first law.

    Some help would be great.

    Who would you contact to find out for sure?
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    If you pushed your naked clone off the top of a tall building, would it be:
    A) murder,
    B) suicide
    C) merely making an obscene clone fall.


    The only thing worse than lawbreakers, are lawmakers.
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    What's the legal term for when a supervisor tells an employee the employee has to pay the supervisor each pay period in order to keep his or her job?


    (Hypothetically, of course)
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    Say a father buys a rifle for his son(who is 17) and gives it to him, so he can hunt or for competition. Is the rifle legally the fathers or the sons? Is there a way to make it legally the sons while hes under the age of 18?

    If theres not is there a way to make it legally his when hes 18? Would the father just give it to him and its his?
  • diver1diver1 Member Posts: 491 ✭✭
    edited November -1
    Guam is a US Territory and considered a State in regards to Federal Firearms Laws....otherwise I could order firearms from the US without a FFL..correct?

    The Organic Act of Guam is what puts them under US authority/laws.

    US Code Title 18, Chapter 44 (Firearms) Section 926 (2) (a) says:

    No such rule or regulation prescribed after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.

    Guam has a mandatory firearm registration law. Violates the above US Code.



    The NRA knows about it and does nothing:

    I just need to find out what year they started requiring Firearm ID's...if it's after 1986 I got 'em 'eh?
  • dcon12dcon12 Member Posts: 30,836 ✭✭✭
    edited November -1
    I think they ought to look into why her husbands keep dieing! Don
  • n/an/a Member Posts: 168,427
    edited November -1
    Sounds like someone should be paying a lawyer instead of seeking advice from googlites on a gun forum.

  • 11b6r11b6r Member Posts: 16,725
    edited November -1
    1. Talk to a lawyer. Laws vary place to place.

    2. In many places, if a husband dies intestate (no will) than his wife is awarded half of what he owned, and the remains are divided among the living children.

    Widow with two children- she owns half the property, husband owns half. When he dies, she owns 3/4 (her half, plus half HIS half) each child owns 1/8th.

    3. HOWEVER- that may vary depending on property brought TO the marriage, property acquired DURING the marriage, financial contributions DURING the marriage, etc.

    4. Please email me with your address so that I can send my bill for services rendered. [:p]
  • COBmmcmssCOBmmcmss Member Posts: 1,174 ✭✭✭✭✭
    edited November -1
    Yes laws differ from one state to another. There are also "life estates" in some cases along with "holographic wills", so just because you may have heard there was no will, that info may be in error.

    Too much info missing to make a true assessment.

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