Weapons owned by deceased parent

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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bacchus
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Weapons owned by deceased parent

Post by bacchus » Sun Feb 23, 2020 3:48 am

My father a retired military officer passed away few months ago and left very little documentation on anything. I know he owned two guns which were licensed at some point in time. I do not know if the paperwork is current, i.e., license could have expired. In fact I do not even know where the guns are. I will soon be inheriting one of his properties. I have not been to that residence as yet. As and when I get there (I do not live close) and I find the firearms there how am I to handle this? Last thing I want is being accused of being in possession of firearms that are not licensed. This is an awkward situation as I am not even sure where to start looking for the arms and if and when I find them, what to do with them. What all options do I have?

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Ekagra911
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Re: Weapons owned by deceased parent

Post by Ekagra911 » Sun Feb 23, 2020 8:35 pm

Sorry to hear that.
I would suggest that you arrange as much as documents possible. Regarding land,house,electricity bill,water connection,licences, everything. Even the smallest piece of paper comes handy in legal matters. Demand these documents if you think someone have them,like your siblings,relatives,close one,caretakers if any. And when you go there and find the firearm,locate the licence,if found, take it to a gun dealer with the death certificate and enquire about the protocol. You can submit the firearm along with the license to him.
But don't give any ammunition to him.
And if you don't find the licence,find some legal help from a trusted source. Higher authority might have to be involved in this case such as DM.
Follow the procedure to get both the firearms registered on your name.
Don't sell them to anyone untill the guns are registered to you.
If you submit to a dealer, make damn sure to take a receipt and take photo proof.
And last don't panic, such procedures take time so you wont be locked instantly. Unless you disclose that you possess an unregistered gun on a speaker phone to your neighbors no one will know.
And be mature and responsible. Think before you take any step or sign any document, refer to an experienced and trustworthy advisor.

bacchus
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Re: Weapons owned by deceased parent

Post by bacchus » Mon Feb 24, 2020 6:43 pm

Ekagra911 wrote:
Sun Feb 23, 2020 8:35 pm
Sorry to hear that.
I would suggest that you arrange as much as documents possible. Regarding land,house,electricity bill,water connection,licences, everything. Even the smallest piece of paper comes handy in legal matters. Demand these documents if you think someone have them,like your siblings,relatives,close one,caretakers if any. And when you go there and find the firearm,locate the licence,if found, take it to a gun dealer with the death certificate and enquire about the protocol. You can submit the firearm along with the license to him.
But don't give any ammunition to him.
And if you don't find the licence,find some legal help from a trusted source. Higher authority might have to be involved in this case such as DM.
Follow the procedure to get both the firearms registered on your name.
Don't sell them to anyone untill the guns are registered to you.
If you submit to a dealer, make damn sure to take a receipt and take photo proof.
And last don't panic, such procedures take time so you wont be locked instantly. Unless you disclose that you possess an unregistered gun on a speaker phone to your neighbors no one will know.
And be mature and responsible. Think before you take any step or sign any document, refer to an experienced and trustworthy advisor.
Thanks for your feedback. I plan to visit in the next month or two and search the house for all gun related document. I have documentation for the house. Is how I know I am taking over it. Its just the idea that there might be guns and ammo with expired licenses sitting there. I didn't realize that gun dealers do this work, such as store the guns. I will research who the reputable ones are in that area.

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Ekagra911
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Re: Weapons owned by deceased parent

Post by Ekagra911 » Tue Feb 25, 2020 12:02 am

Submitting your gun to a dealer is a better option. Because in the police station it will be malhandled and no one will maintain them. We once submitted it there during election,and we got it back the barrel was rusty and the wooden shoulder butt was cracked,so we have to get it repaired. The dealer will charge a fee, but will also maintain it properly. And also if you have siblings you will have to take legal procedure as to who will inherit the guns.
Get the issue settled immediately because it is not suggested to have an unregistered firearm in your possession for a long time without declaring it.
And again never hand over your ammo to anyone.
If someone asks tell them you never found any, and store them in a discreet and secure place.
Legal advise is essential.

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Re: Weapons owned by deceased parent

Post by mundaire » Tue Feb 25, 2020 12:39 pm

1) First write out an application to the local licensing authority, apprising them of your father's demise (attach copy of death certificate and copy of license booklet(s)). Also within that application, request them for permission to deposit the firearms with a local licensed arms & ammunition dealer. Please have a copy of said application "received" with date & office stamp at the "daak" counter.

2) Once you receive permission to deposit, deposit the firearm(s) with the arms dealer and obtain a receipt for the same. You will need to pay the dealer a safe deposit fee. This fee is time based, so for extended periods of deposit, you will need to keep paying additional amounts.

3) Once the above is done, you are legally in the clear and can now decide whether to sell (after duly taking permission to sell) or to apply for transfer in your/ another family member's name under "transfer of family heirloom" given as reason for applying for an arms license.

Delhi Police Licensing unit has a pretty decent FAQ covering this and other items - https://delhipolicelicensing.gov.in/Home/arms

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Re: Weapons owned by deceased parent

Post by bangbang » Sun Mar 15, 2020 8:03 am

Excellent post . I am in the same dilemma as original poster and this information is very helpful

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