Experts on 12(6) inheriting?

tokguy

tokguy

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I thought there was a sticky on this topic? Or did I miss it?
This topic has come up and while no expert I am a gunnut.
There was a passing in the family a few months past and it's a small elephant in the corner of the room.
A couple of semi-inoperative nickel 32's and 38's in a cabinet that are going to need dealing with ( yes they are papered ). Practically worthless because they are IMO parts guns at best on top of being 12(6).
After the "who gets what" is established, what is a best 1st step?
 
Step one, make sure the executor knows that they have the legal right to hold the guns without a licence until they can be legally disposed of.
Step two, make sure you or whomever they are likely to be distributed to have a PAL.
Step three, go to the CFC website and make the executor read the applicable section BEFORE calling them. Way too often the guns get handed over to the local police "for safe keeping" when the executor is unaware or nervous.
 
The Executor (without having a PAL or RPAL) can hold on to them - for a long time - measured in years even a decade without an issue. And the registry only knows someone has died, when you inform them.
 
Thanks guy's. I knew the executor could hold them for quite some time and I knew the inheritor was req'd to get a PAL.
But reading it in passing and 'There is going to be a test!' are worlds apart. Getting asked for advice and giving poor advice which ends in the guns being forfeited would make me feel really bad .
 
if the handguns are 12(6) and made before the end of 1945 they can be transferred to a direct blood relative (parents - children in either direction and brother or sister) but the recipient would have to have or get a RPAL.(become 12(7) guns or war trophies) In the absence of the direct relative or if made after 1945 they can only go to a person with a 12(6). In theory if the barrels are removed they cease to be 12(6) but in BC, the firearms office does not recognize that section of the law and says that they must be rebarreled to over length or acceptable caliber before they lose their prohib status

cheers mooncoon
 
Do you know if they are currently registered?
They may not have been entered into the system or were lost with many other "green card" registrations way back when.
 
mooncoon said:
if the handguns are 12(6) and made before the end of 1945 they can be transferred to a direct blood relative (parents - children in either direction and brother or sister) but the recipient would have to have or get a RPAL.(become 12(7) guns or war trophies) In the absence of the direct relative or if made after 1945 they can only go to a person with a 12(6). In theory if the barrels are removed they cease to be 12(6) but in BC, the firearms office does not recognize that section of the law and says that they must be rebarreled to over length or acceptable caliber before they lose their prohib status

cheers mooncoon
Click to expand...

Mooncoon is correct. I have a 12-7 designation. A registered pistol from my Grandfather to myself. When I called and informed the CFO that the pistol was in my posetion the first question they asked was how it came to be @ my residence. i tell them that my grandfather brought it to my place. He can't do that they proclaim, he didn't apply for an ATT, when did you receive? I tell them that if they have any problems with the way by the firearm came to me then they can take that up with my grandfather, I'm simply re-registering the pistol in my name and as its prohibited I need my status changed to reflect 12-7. A lot of questions later, a few letters from executors, ect, ect. and the pistol is legally mine. (when they discovered that he had passed away, I guess they gave up on trying to harass him about how it was transported :))
 
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