# Buying a handgun and the own dead?



## Enigma (Jan 30, 2006)

I want to buy a handgun from a friend who died wife.What do I do just take it to the sheriff dept tell them what happen and I'm buying it?


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## 3fingervic (Jan 28, 2009)

I would call them first and find out what the protocal is. Sorry to hear about your friend.


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## jjc155 (Oct 16, 2005)

give the local PD a call, but I would assume that if you had the paperwork in order (purchase permit, or whatever it is called now that the law changed) and it gets back to the state filled out correctly then it would just be like a private citizen sale. She could even give it to you free but I would still fill out the paperwork so that it is all legal.

J-


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## frostbite (Dec 22, 2004)

1st you go to your local police department and apply for a purchase permit, providing you do not have a CCW permit.
2nd you have ten days to purchase the weapon and complete the 4 part copy on the purchase permit. after 10 days it's void.
3rd the seller keeps 1 copy of the purchase permit, you keep one copy, (which needs to stay with the weapon for the first 30 days.) and the other two copies go to your local police department- they keep one and they send one to the Mich. State Police. You do not need to take the gun in for a safety inspection any longer. 
Each copy of the purchase permit will specify at the bottom where it is to be sent. It is 100% up to you to make sure those two copies that go to police agencies are recieved and that the information on the permit is correct and accurate I.E. serial numbers, model numbers, etc. so if you mail them get a delivery receipt from the postmaster.


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## UPhiker (Jul 13, 2008)

Since the person selling you the gun isn't the legal owner, I'd get a copy of the death certificate and a notarized letter from the wife stating she is the executor of the estate.


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## tallbear (May 18, 2005)

Enigma said:


> I want to buy a handgun from a friend who died wife.What do I do just take it to the sheriff dept tell them what happen and I'm buying it?


 
The seller must be the executor of the estate (usually the spouse). "Print" the owners name in the appropriate space and print "diseased" where the signature would go. 

Follow the instructions give previously on the procedure of obtaining and returning the permit.


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## kype138 (Jul 13, 2006)

I did this a few years ago with my grandfather's S&W 357 - Dad was estate executor, had to sign paperwork as "seller" in spite of the fact that it was given to me...
No issues on my end...

Good luck!


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## walleye magnet (Mar 4, 2001)

Is there a cost for the purchase permit? (Shelby Twp.)


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## jward (Feb 16, 2009)

Last time I got a permit in Cass county there was no charge,but be aware some counties are draging their feet on the saftey inspection and are still requiring them.


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## tallbear (May 18, 2005)

walleye magnet said:


> Is there a cost for the purchase permit? (Shelby Twp.)


It is unlawful for police dept.'s to charge for a permit to purchase. It doesn't stop them from doing it. Check out migunowners.org for more info. 

http://www.michigan.gov/msp/0,1607,...tml#Pistol_Registration__Purchase____Transfer

*Pistol Registration, Purchase, and Transfer for Michigan Residents *​*1. Are there any fees for the following Michigan forms? *
*License to Purchase: *  MCL 28.423  was repealed by PA 381 of 2000 _eliminating the $5 processing fee for obtaining a License to Purchase._ However, you may be charged a fee to notarize the application for a License to Purchase. MCL 28.422  A local police or sheriff may charge up to $1.00 for the cost of providing, to the owner, a copy of information that was entered in the pistol entry database


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## omega58 (Sep 3, 2003)

Here in Walker, it is a $3.00 Notary fee. . . most around here charge a NOTARY FEE.


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## Zarathustra (Oct 5, 2005)

tallbear said:


> The seller must be the executor of the estate (usually the spouse). "Print" the owners name in the appropriate space and print "diseased" where the signature would go.
> 
> Follow the instructions give previously on the procedure of obtaining and returning the permit.


 
Sorry I had to laugh at this one. You must mean deceased, not diseased, right?


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## fishnfeathers (Jan 6, 2004)

UPhiker said:


> Since the person selling you the gun isn't the legal owner, I'd get a copy of the death certificate and a notarized letter from the wife stating she is the executor of the estate.


I'm pretty sure that's what you are going to need. My wife had her dad's handgun transfered to her name when he passed away and she needed a copy of the death certificate.


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## Enigma (Jan 30, 2006)

I'm also getting a encore from her thats a handgun 22-250 I'm making it in to a rifle doe's that gun have to be registered to as a handgun?


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## duckhunter382 (Feb 13, 2005)

Zarathustra said:


> Sorry I had to laugh at this one. You must mean deceased, not diseased, right?


 I about died when I read that post. It made me wonder if I was reading it right or not.


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## tallbear (May 18, 2005)

Zarathustra said:


> Sorry I had to laugh at this one. You must mean deceased, not diseased, right?


 
You guys are right......deceased. 

So much for spell check. I need a "proof read" option. :yikes:


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## jcurtis (Oct 11, 2004)

Enigma said:


> I'm also getting a encore from her thats a handgun 22-250 I'm making it in to a rifle doe's that gun have to be registered to as a handgun?



If it is configured as a pistol it should have been registered as a pistol and can never be unregistered as a pistol, even if you configure it as a rifle. You will need a purchase permit for that firearm as well.


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## Slider (Feb 6, 2006)

A death certificate is no longer required. The surviving spouse, or the executor, completes the form as the "seller". Seller and Buyer each keep a copy, with the remaining two being returned to your local LE center as indicated in an earlier post. I was also advised it is no longer necessary to have the registration card in your possession when you are transporting or shooting a handgun as the serial number, etc. is all on the LEIN system now. I've been through this process three times in the last month.


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## UPhiker (Jul 13, 2008)

Slider said:


> I was also advised it is no longer necessary to have the registration card in your possession when you are transporting or shooting a handgun as the serial number, etc. is all on the LEIN system now. I've been through this process three times in the last month.


I believe you need to keep it on you for 30 days, to give them a chance to put it in the system.


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## motcityman (Apr 4, 2006)

if you check with the police and stay in contact with Tallbear you should be all right. Tallbear is very knowledgeable of the laws or can find out really fast.


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