How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask dkennedy Your Own Question

dkennedy
dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 6009
Experience:  Juris Doctorate Degree
5930486
Type Your Legal Question Here...
dkennedy is online now
A new question is answered every 9 seconds

I had a gun question. My dad owned many guns.....after his

Resolved Question:

I had a gun question. My dad owned many guns.....after his death my mom called the cops and during that time my mom was scared that anything bigger than a .22 was illegal or wrong. My question is my mom passed away in 2009 and I now own her house and such including the selected .22's that she wanted to keep. Are the guns mine now?
Submitted: 3 years ago.
Category: Legal
Expert:  dkennedy replied 3 years ago.

dkennedy :

Hello,

Customer :

howdy

dkennedy :

As you described the situation, the guns were part of your mother's estate.

Customer :

what do you think?.... yes that is correct

dkennedy :

Do you plan to open a probate case?

Customer :

the probate status on the house is 99.9% complete.....

dkennedy :

Okay. Were the guns part of the inventory in the estate

Customer :

my sister is executer of the estate

Customer :

it stated that the house and all included....I think....

dkennedy :

Did you read the will?

Customer :

not very closely.....

Customer :

I didn't do enuf homework did i?.......

dkennedy :

Wellll.....

dkennedy :

You should read the will and also look at the other probate papers. There will be an inventory with all the property listed.

Customer :

I remember that it states that I recieve the house and the car that was in my moms name.....

Customer :

and my sister recieves the other things...since she waived her right to own the house and car

dkennedy :

A common way to write a will is to leave certain things to certain people and then put in the "residual" property goes to XXX, which means everything that is not mentioned.

dkennedy :

That might be the guns.

Customer :

my mom left everything to my sister...and my sis denyed the right to own the house and car......

Customer :

im running in circles ain't i

dkennedy :

Did you get the furniture and appliances in the house?

Customer :

yes.....

dkennedy :

Were those originally given to your sister, too?

Customer :

my sis owns her own house....cars.....has a family

Customer :

I think they were included in the house.....

Customer :

in my mom's will

dkennedy :

I would say the guns are probably part of the household goods, and as such they are yours. If she has not taken them or sold them, she obviously intends that you will have them.

Customer :

my mom was not specific about anything other than: Gold/precious metals, house, car

Customer :

ok....so by MN statue I can legally own them in the house....unless I want to conceil/carry?

dkennedy :

Most of the time wills don't include a lot of the personal property, especially someone like your mom would not be considering the guns as an important part of he estate.

Customer :

true....

dkennedy :

You can legally own them, assuming that they are not weird, like sawed off shotguns or something.

Customer :

ok.....they are: 2 .22 handguns (pistol, revolver), 1 20ga shotgun recived as a gift from my sis's husband, and 1 .22 rifle

dkennedy :

Check with your local sheriff department to see if there is a local rule or ordinance to register the guns with them. Not because of you, but because that is how they sometimes trace a gun that they find that might be stolen.

Customer :

ahhhhh.......so am I guaranteed that they won't take 'em away...?? they were only used for target practice...and the 2nd amendment

Customer :

I did not purchase them of course.....

Customer :

I was underage when my dad bought them all

Customer :

and he had a permit to carry at the time....

dkennedy :

Guns are legal, except for a whole lot of exceptions, such as anyone who has been convicted of certain domestic abuse crimes, felons, etc. Certain types of guns are illegal, and there are different rules about registration.

Customer :

hmmm.......do I just need to bring them serial #'s and brand and size......

Customer :

i've never done it b4......

Customer :

if I do not register could I get in legal trouble?

Customer :

I just want to be able to protect my home and life (only when necessary)......

Customer :

i'm clear of any convictions...felonys....ect.....

dkennedy :

The laws are different everywhere, so that's why I said to check with your local sheriff. But, generally yes, they just want a description and serial number. Like I said, when guns are found, they need to trace them back to the owner.

Customer :

ok...... do you know by a legal standpoint in MN will legal gun ownership be illegal?

Customer :

through these bills and things being passed?

dkennedy :

I don't understand your question. Are you asking whether MN is considering outlawing guns?

Customer :

yes....that is exactly what I meant.....sorry

dkennedy :

There is no chance of that. People get the wrong idea about the "gun control" issues, usually. It is about stricter requirements to purchase guns (like a waiting period, etc.) and about outlawing things like machine guns, etc. Of course there are people who would like all guns outlawed in the US, but that will never happen.

Customer :

I really hope it doesn't come to that.....

dkennedy :

Good luck, and I'm sure everything is fine about the guns.

dkennedy :

I'll sign off now.

Customer :

ok...thank you so much for easing my mind......

Customer :

my dad was the gun guru.... have a great night.....

dkennedy, Lawyer (JD)
Category: Legal
Satisfied Customers: 6009
Experience: Juris Doctorate Degree
dkennedy and 17 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.