Grandfathering

[KRASHED]

My uncle owns a prohibited handgun (.22) in which he bought before they were prohibited. He has one son who is quite into firearms. If my uncle were to die would that prohibited gun legally pass into his sons hands or would it have to be destroyed? I'm sorry if this has been posted but the subject of grandfathering has left me rather confused. Thanks.

 

[McCoy]

If the prohibited handgun was made before 1946 it can be pass to his son, providing his son has a PAL with restricted, then the gun will became 12/7 for the son.

If it is made after 1946 your uncle can sell it to anyone who has 12/6 on his PAL.

Never turn a firearm for destruction when you can sell it legally.

.

 

[KRASHED]

It was made after 1946. Thanks for the info!

 

[stormbringer]

Remember that it does NOT have to be destroyed.

Often you can change the barrel and make it restricted.

Barring that you can sell or give it to someone who is 12.6 and they can keep it.

 

[updatelee]

I dont know if this applies to prohib or not, but it does apply to restricted/non-restricted, you should confirm anything you read online with a lawyer.

the executure to the will gets the a 1year POL that allows them to sell the guns or transfer them into their name. so even if his son doesnt have prohib status, he will have 1 year to make them restricted or sell them (assuming his son is the executor to the will)

 

[Halger280HVMag]

Bad information.
The executor does NOT get a POL or PAL.
The law provides that the executor does not need such while settling the estate.
There is no set time limit to settle the estate.

I dont know if this applies to prohib or not, but it does apply to restricted/non-restricted, you should confirm anything you read online with a lawyer.

the executure to the will gets the a 1year POL that allows them to sell the guns or transfer them into their name. so even if his son doesnt have prohib status, he will have 1 year to make them restricted or sell them (assuming his son is the executor to the will)