My father unexpected passed away with no will. He had a few firearms. My sister and I both have valid FOID card, and have sorted out the firearm between us. Do we have transfer my dad firearms to us, or is it just grandfathered to us. We all live in Illinois.
Thanks, Alfonso
edit: it is mostly handgun, rifles, and shotguns no AR
The answer depends on exactly how IL manages FOIDs, gun registration, and firearms transfers. You will have to research the details to find the right answer.
Does the FOID list either the types/models of guns you are allowed to own, or just say you are approved and allowed to own firearms?
Does the state maintain a registry of who owns what guns?
While Federal law allows same-state, in-state, person-to-person (face-to-face, FTF) firearms transfers to take place without going through an FFL, does IL law mandate that all transfers pass through an FFL (often called a Universal Background Check, UBC, law)?
If the FOID only shows you are permitted to own any legal firearm, the state does not keep a gun-owner registry for specific guns with serial numbers, and has no UBC law, you and sis are in good shape as is.
If any of those three issues differ from above, you will have to follow the IL laws and processes accordingly.
In addition, if the estate went through probate, your probate attorney should have all of the answers ready for you.
My condolences, and good luck on sorting it all out.
Sorry to hear about your loss. Now down to business. If the firearms arms are not mentioned in the will specifically, by make and serial number, they don’t exist. Keep it that way. If you want a gun to shoot, go buy a new one, but don’t give the government any more information than you need to.
Sorry, but that advice is not correct. It matters not what is in the will. It matters whether the state of Illinois has the guns registered to their father or whether IL has owned guns listed with FOID holders. See my post above.
Another IL resident here, who recently had the same issue.
I won’t go into all of the details about what I went through in my situation.
My advice to you is as long as the firearms are staying within family members AND the family members have FOIDs and can legally own firearms, just keep them and don’t fill out anything. As long as the receiving party is legal to own guns, you won’t have any issues. And if anyone ever questions it later, just tell them your father gave them to you before he died.
It would seem that in Illinois the transfer individual must have a valid FOID card. I can’t find much on the net about inheritance of firearms other than needing a FOID. I would pop into a local gun store and inquire as to what is needed. Do you need to fill out a Form #4473 for inter family or upon death transfers and are there State Forms that must be filled out? You may need copies of the death certificate to send in with the transfer.
I’m from California, so our method will not be much help. For immediate family members (Parents and Grandparents to Children and Great Grandchildren) it is just a State-DOJ transfer. I inherited a .223 Ruger bolt action rifle and a 22LR 1911 ½ replica from my Dad when he passed. It was quick and easy. DOJ got confused because my Dad and I have the same name, with the only difference being that I am a II (2Nd.). So, they hiccupped thinking at first, that I was transferring the firearms to myself. The FFL/COE Shop pointed out the dates of birth and it was cleared up.
I’m sorry you lost your Father, hopefully he had a Living Trust and everything can go smoothly. It gets easier over time, but there are moments where you will have a question or want to talk about something and you re-realize he’s gone. That part will hurt for a while, but again time. Take care!
Don’t you remember your dad gifting those to you long ago? Getting the state of Illinois involved will only add to your grief unfortunately. From a fellow Illinoisian.