Can this gun be owned legally?
likemhot
Member Posts: 2,884 ✭✭✭
This question was posed to me over the weekend at a social gathering. I am in no way part of the deal but I did tell the parties involved I would at least get them headed in the right direction.
Here goes......
Seems that Grandma and Grampa lived to be a ripe old age and never held any secrets. Grampa passes away and several months later as Grandma is going through his possessions finds a revolver hidden in a sock drawer. She is frantic, never knew Grampa owned a gun, wants nothing to do with it and wants it out of the house. She calls a grandson to come and remove the revolver. Several years go by and Grandma is now deceased.
The grandson recognizes the manufacturer and realizes it's no cheapo but ultimately does not want the piece either. He calls his cousin who is a "gun guy", explains the situation and how he came to be the holder of the weapon, Cuz agrees it's a nice piece and even if it was not, it was Grampas, and he would like to have it.
Here is the question... Is this gun legal in the sense it was never registered, can the serial numbers be verified as legal to own, how does one go about a legal transfer
Comments
...I think you better ask for the legality of gun ownership in the local, state, this is all happening in, some states have really screwed up gun laws...
...Here in Texas, yes, him or anyone legal to own a gun can possess it...if he knows a stranger, if that stranger can legally own a handgun, it can be given/sold to him...no paperwork needed...
thats how I got about half of my guns!
Well, in most states a legal transfer is son sells/gives revolver to friend. Transaction completed. There is no need to stir up dust on this.
None of my guns are "registered" as there is no "registration" in the free state of Texas. I have, however, purchased a few through FFL licensees...............which requires the completion of ATF 4473. That is de facto registration because the FFL is required to retain the ATF 4473 records indefinitely and turn them over to the ATF if and when the business closes.
If you live in a state like New York or Illinois or Kalifornia that does require registration and a bunch of other crap..........I feel for you.
Not offering any advice here just sayin'.............glad I live in a free state, friendly to the 2nd, and a constitutional carry state
Without knowing the city, county, & state where Grampa lived, we can't give you a definite answer. If he lived in NYC or NJ, or CA, or any other state hostile to firearms ownership, the heir is on his own.
Prior to 1968, guns in the US were not required to have a serial number applied by the manufacturer. But, if it turned out to have been stolen, the worse that will happen is the police may confiscate it if anyone has the need to run a check on it.
Neal
Some things ought not be asked.
Gramps probably ha it so long that no one even knows as far as data via electronic system. They can or he can say that he got it from Gramps and call it good. I n ILLINOIS now they report every firearm you buy and record it in the state police system. So in this state it is "registered" but not the ones before that illegal law went into effect. Give it to me, and don't worry about it. 😶
Is there any way of knowing if it was acquired before the 1968 gun control bill became law?
I am just saying no one knows about it and it is clean as a 2 dollar whistle, I love those types of firearms.
If that old revolver happens to be an old H&R Handi-Gun with a smooth bore, I would think the probability of it being registered with the ATF as an AOW is next to zero, and if it was not, that would make it a very illegal revolver to possess. Or at least, that has always been my understanding of the old H&R Handi Guns, but I may be wrong. If I am wrong, someone please correct me.
It's legal to own revolvers in all 50 states, I believe.
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
Some states including mine "require" any transfer to go through an FFL.
My States has every sale go thru the State Police, dealer or not. Its not too fringy but dealers make hundreds of calls on one gun if a bad time.
THIS!
Who actually pays attention to that when it is a private party transfer?
Notice the "" around require. Some do, and required at gun shows these days, though those have become pretty scarce the last couple of years here.