Family friend died. What to do with his guns?

Questions about Victorian gun and ammunition laws. Victorian Firearms Act 1996.

Family friend died. What to do with his guns?

Post by Tomek » 22 Jun 2017, 9:53 pm

Hi,

A family friend of mine died. There is a locker with 5 guns at his work location. His family doesn't have a gun license but I do.

The question is, what to do with these? Can I buy 1-2 off his family? Where would I take the rest to sell? Could I even hold the guns which aren't registered to me?

Also, I have 3 gun locker so I can't store all of them for any period of time.
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Re: Family friend died. What to do with his guns?

Post by Baronvonrort » 22 Jun 2017, 10:08 pm

The executor of his estate is allowed to legally dispose of firearms without needing a firearm license, there is a provision in Firearms act 1996 for this.

Best bet would be talk to the executor of his estate, if you want to buy them you would need a PTA.
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Re: Family friend died. What to do with his guns?

Post by Wombat » 22 Jun 2017, 10:15 pm

Short term - get them stored at the direction (and cost) of the executor, they are part of the estate. My Fathers guns got stored at Melbourne Firearms in Ringwood whilst things were sorted.
You can store others firearms ( if you hold the right category license for them) belonging to others, so long as you dont go over 15 total without an alarm. A copy of their registration and a cover letter would also be good.
Of course you can offer to buy any or all of them, but you need to do PTAs and Transfers as per normal.
You could put them on Used Guns or similar to sell and arrange the transfers through your local shop.
Sorry to hear about your friend.
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Re: Family friend died. What to do with his guns?

Post by Tomek » 22 Jun 2017, 10:26 pm

Thanks. That is very useful information.
Yeah it was a sad waste of life. And I don't want the family to struggle financially. The police would take the guns for free otherwise.
I'll have to look for gun storage places around west melbourne.
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Re: Family friend died. What to do with his guns?

Post by rsj223 » 22 Jun 2017, 10:53 pm

Sorry for the loss of your friend.
If you do need to store them take them to a LGS not the police station as it will be easier to deal with the LGS
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Re: Family friend died. What to do with his guns?

Post by Wombat » 22 Jun 2017, 10:56 pm

If you need a hand ask. If the police handle them they will be damaged. I'm sure some storage or a help with transport could be arranged.
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Re: Family friend died. What to do with his guns?

Post by <<Genesis93>> » 22 Jun 2017, 11:36 pm

sorry for your bad news mate.....

Next of kin may apply for an heirloom licence, that should resolve the licensing issue in the short term...if they want to hang on to them.... then organise sale, else just put them on the market now, but if theyre not stored by a licence holder they'll need to go to a dealer.... but a call to LRD should help.
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Re: Family friend died. What to do with his guns?

Post by bladeracer » 23 Jun 2017, 2:29 am

<<Genesis93>> wrote:sorry for your bad news mate.....

Next of kin may apply for an heirloom licence, that should resolve the licensing issue in the short term...if they want to hang on to them.... then organise sale, else just put them on the market now, but if theyre not stored by a licence holder they'll need to go to a dealer.... but a call to LRD should help.


Heirloom licence means welding everything up so it's no longer a firearm - don't do it.
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Re: Family friend died. What to do with his guns?

Post by No1Mk3 » 23 Jun 2017, 6:04 am

Apart from welding them shut, Heirloom only allows one firearm, no more. As others have posted, the Executor of the Estate has lawful ownership and may posses and deal with them for up to 6 months without a Licence.
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Re: Family friend died. What to do with his guns?

Post by VICHunter » 23 Jun 2017, 9:58 am

Bad new mates :(

Get them all to the LGS so you don't have to worry about it, and you can buy/sell them from there on behalf of the rest of the family.
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Re: Family friend died. What to do with his guns?

Post by Tomek » 23 Jun 2017, 12:09 pm

Sorry.. what does LGS stand for?
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Re: Family friend died. What to do with his guns?

Post by bladeracer » 23 Jun 2017, 1:31 pm

Tomek wrote:Sorry.. what does LGS stand for?


Local gun shop usually.
When my father-in-law died last year I put his rifle in my safe.
It took some months to get the estate cleaned up, and then I got a letter from the administrators stating that the rifle was being transferred to me. I then took the letter and the rifle to my dealer and did the transfer. Then the administrators sent a letter to Firearms stating that Bob had died and that he no longer owned any firearms as they had been transferred to me. Their own records would've indicated that he no longer owned any, but to reduce the level of incompetence I thought it best to state it clearly. We never heard anything at all back from them, and the rifle is now registered to me.
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Re: Family friend died. What to do with his guns?

Post by <<Genesis93>> » 23 Jun 2017, 6:30 pm

bladeracer wrote:
sorry for your bad news mate.....

Next of kin may apply for an heirloom licence, that should resolve the licensing issue in the short term...if they want to hang on to them.... then organise sale, else just put them on the market now, but if theyre not stored by a licence holder they'll need to go to a dealer.... but a call to LRD should help.


Heirloom licence means welding everything up so it's no longer a firearm - don't do it.


Does it require de-activation??
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Re: Family friend died. What to do with his guns?

Post by bladeracer » 23 Jun 2017, 6:39 pm

<<Genesis93>> wrote:
bladeracer wrote:
sorry for your bad news mate.....

Next of kin may apply for an heirloom licence, that should resolve the licensing issue in the short term...if they want to hang on to them.... then organise sale, else just put them on the market now, but if theyre not stored by a licence holder they'll need to go to a dealer.... but a call to LRD should help.


Heirloom licence means welding everything up so it's no longer a firearm - don't do it.


Does it require de-activation??



Yep.
http://www.police.vic.gov.au/content.asp?Document_ID=34468
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Re: Family friend died. What to do with his guns?

Post by rsj223 » 23 Jun 2017, 7:56 pm

Tomek wrote:Sorry.. what does LGS stand for?

Yeah sorry Its Local Gun Shop, I'm in vic as well if you need any assistance just let me know.
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Re: Family friend died. What to do with his guns?

Post by Wombat » 23 Jun 2017, 10:00 pm

rsj223 wrote:
Tomek wrote:Sorry.. what does LGS stand for?

Yeah sorry Its Local Gun Shop, I'm in vic as well if you need any assistance just let me know.

I have a small safe that's sitting empty (3-4 guns) am A&B Licensed and can short term (1-2 months) store some of the guns for you. I'll have to do a count as to what I have currently to set a limit. If that is of any help let me know.
They may be able to stay where they are, dependent on circumstances ( if you get sole access as a licensed person etc).
But the best course for you I think is LGS storage and dispersal as per the executor, some close relatives may choose to get a license and keep some.
Its a problem but not a big one, there are lots of solutions and offers of help.
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Re: Family friend died. What to do with his guns?

Post by <<Genesis93>> » 25 Jun 2017, 3:24 pm

Yeah, I see now.... how ridunculous..

(5) The firearms kept under the licence must be rendered permanently inoperable as follows—
(a) in the case of firearms with fixed firing pins, the pin must be ground flush with the face of the bolt, in any other case, the pin must be removed completely; and
(b) in the case of firearms with a firing pin hole, the hole must be filled from the front end with weld; and
(c) the barrel must be rendered inoperative by—
(i) welding a steel insert into the chamber end to prevent chambering a round; or
(ii) drilling a hole vertically through the chamber and welding a substantial pin in place to prevent chambering a round; and
(d) immobilising the firing mechanism by welding the trigger and internal components; and


then, the equal stupid part is that all the requirements relating to 'operable' firearms still apply, storage possession etc....


But it does say the heiloom licence is for those who "don't qualify" for other licence types, so get someone to join up the SSAA or other club, and get a full licence if they want to hang on to the 'operable' firearms...
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