Illinois residents - father is trying to will guns/ammo to daughter

No lawyer will write a provision in my father’s Will transferring his guns/ammunition to me (his daughter) because we are Illinois residents. Could you please assist me in locating a law firm that will help us with this matter? Much appreciate it!

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@Stacy15 Welcome to our community, we are glad to have you with us. :slightly_smiling_face:
Any other Illinois residents here with ideas? @Jerzees. :thinking:

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Welcome Stacy15.

Are both father and daughter residents of Illinois my friend?

I’m not an attorney, but I’ve thought about this question as I grow older and not in the best of health. Good topic for discussion I think.

In IL, I’m “not” aware that ammo needs to be willed. I’l try to look it up, but in IL, a FOID card is required for ammunition.

Firearms - being more restrictive, I think are definitely worth researching. However, in IL, similarly, a FOID card is required.

If ever proof of ownership is required, I suspect that to be a very rare event. When would you ever actually need to prove ownership?:

If the willer, ie father, is still alive; Or if deceased, should there be dispute over property by the children; If ever the firearm is used in a crime, police can trace it back to who bought or legally owned it last; Or if said firearm is ever lost/stolen.

One creative simple solution is if the father, just sold it to the daughter/son, say for $1, now/today, well before he passes away. The father can even hold onto the firearm - then said daughter can take possession upon his going to heaven.

Key being, both have a FOID card. Might it help if the father tells his family who he wants to have what - so they all have heard it.

I can see advantages to legally changing ownership in advance. Maybe even owners should save all receipts. I noticed FFL’s normally provide an invoice with the name and contact information of the buyer. Take photos of it all, as ink does fade.

I’d love to see the laws in writing (for more peace of mind), hope this might help a little bit. Great topic as we all face aging or end of life, rarely at a time of which we ever know in advance. IDK.

Blessings to your father.

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Hello and welcome @Stacy15

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Are you both Illinois residents with valid FOID cards?

Are all firearms in question currently legal to purchase/acquire under IL law?

Can you elaborate on the reason you are giving, RE: because you are IL residents? What exactly is the hangup because of being in IL?

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@Stacy15 Welcome to the community!

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@Stacy15 - Welcome to the Community :handshake:

To give you a proper advice we need more of clear information.
For firearm transfer between IL residents you only need to fill the form at ISP website to receive “transfer approval number”.

However, I do not know how to interpret your words: in my father’s Will transferring his guns/ammunition to me. Is you Father alive?
If yes - just visit ISP website:

IL FOID/CCL Card Verification Portal

If no - I’m not able to give any advice.

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[

Firearms Services Bureau - Illinois State Police

[image]
Illinois State Police (.gov)
https://isp.illinois.gov › Foid
](Firearms Services)

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Having researched this several years ago. I am somewhat familiar with this scenario. A brother in-law who resided in Wisconsin passed away. The Illinois relative who held a firearm owner ID. Was bequeathed a firearm via the will of the brother in-law. As the brother in-law was married to the Illinois resident’s sister. The transfer, even though from out of state. Was legal from one immediate family member to another. Having said all that. The tyrannical legislature in Illinois has since changed many laws concerning such things. But it would appear as long as the person who is to receive the firearm. Is Not a prohibited person. The transfer would appear to be legal.

Have you looked into a gun trust? Would likely solve your problem.

I don’t think the issue here is the law. I think the issue is the legal firm drawing up the will.

If that is the case, a DIY will kit is a good option.

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Is that what the lawyer said?

Because generally, all transfers of possession between residents of different states must go through an FFL.

There may be some kind of an exemption there for inheritance following the original owner’s death, but my non lawyer knowledge tells me that such an exemption, if it exists, would be the only way (different states)…so make sure an attorney approves of such a transfer

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The legality of the transfer I was referring to. Happened about three years ago. Technically speaking, the executor (a lawyer?) would hand over the firearm to the receiving individual. Keeping in mind this was a Wisconsin to Illinois transfer. Each transfer situation is different.

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Was the executor a lawyer?

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

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Awhile ago we set up a living trust and executed a will. The individual setting it up gave us these instructions: items such as computers, jewelry, precious metals and coin collections, collectibles and the like should be dealt with outside of the trust and will. We were told to distribute these on a personal basis to whoever off the radar. Some things are just none of anyone’s business. If these heirs were ever questioned about such and such, the individual setting up our trust told us to tell them to quote the most common answer given in congressional hearings, “I don’t recall.” It’s your family’s call, but this advice has merit in my opinion.

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IL transfer laws changed recently.
Few years ago I gave my handgun to my son and IL State Police had a special form for family transfer.
These days everything goes as “Person to Person transfer”, doesn’t matter if it’s between family members or just two random Illinoisans.

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Transfer? I don’t recall any transfer. Must’ve been stolen. Oh, wait, I do recall now, Christmas eve, 1984, it was cold and dark, this was well before all these nefarious laws that impugn law-abiding citizens. You understand that the ink used back then was not permanent, so there is no longer a written record.

Unlike Biden, this is true; I had saved all my tax records since I was a kid. The income records and tax returns I completed (copies) through the 1980s all faded to the point the W-2s and other information returns were blank and the ink I used on the income tax returns faded into oblivion.

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I remember selling one of mine to an individual a few years ago, well “before” IL made significant changes in their laws in 2023 (more recent). Few years back I had to enter and check the buyer’s information into the state’s database before I turned it over to them. We used a bill of sale form, we made copies of course. No attorney, no fees, “easy as pie”. Seller and buyer beware.

However, I’ve not sold since then, so I’m not ‘up to par’ on relevant changes - if any.

Checking, I saw this from the state of IL police website, today:
Link to the Act:

Explanation & check status:
https://verify.ispfsb.com/Public/Verification.aspx

Separately …

Free Bill of Sale form example:

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So annoying/unconstitutional (IMO)

In many other states, like mine…live in the same state? No reason to believe they are a prohibited person? Here ya go

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