Cdn-Firearms Digest Saturday, August 23 2008 Volume 11 : Number 1016 In this issue: RE: Hypothetical question (found gun) RE: Hypothetical question (found gun) ---------------------------------------------------------------------- Date: Sat, 23 Aug 2008 20:27:34 -0400 From: Lee Jasper Subject: RE: Hypothetical question (found gun) Question asked: >> Let's say that someone was unpacking the estate of a relative and found a >> handgun in the bottom of an old steamer trunk. Further, let's say this >> gun had a barrel length short enough to put it in the prohibited class. Clive responded: > The executor of an estate comes into possession of all firearms legally, > even if the firearm was illegally owned by the deceased. The executor can > take a reasonable amount of time to dispose of the firearm from the deceased > estate. If that means registering an unregistered gun, selling it or > gifting it to a qualified new owner, or becoming licensed and transferring > that gun to herself, it is all legal. But what if the 'finder' was not the executor? Is so seems correct so far. But. . . > Full autos, 12/6's, it doesn't matter. How can that be if the 'finder' or even an executor was not already a grandfathered owner? And if the original, deceased owner was in unauthorized possession of a prohibited firearm wouldn't matters get very complicated? Would it matter if there was no instruction in a will about said firearm? ------------------------------ Date: Sat, 23 Aug 2008 18:48:42 -0700 From: "Clive Edwards" <45clive@telus.net> Subject: RE: Hypothetical question (found gun) >How can that be if the 'finder' or even an executor was not already a >grandfathered owner? And if the original, deceased owner was in >unauthorized possession of a prohibited firearm wouldn't matters get >very complicated? Would it matter if there was no instruction in a will >about said firearm? The Executor is a special case and does not need a license to complete the settlement of the estate. One way to look at it is that the executor has a deemed temporary possession license for any firearm and any firearm becomes temporarily legal when possessed by an executor in the execution of an estate. If the deceased owned the gun without a license or registration, that doesn't matter. The crown doesn't prosecute the deceased for criminal acts; the deceased is beyond the reach of the crown. Check out Dave Tomlinson's original brochure for executors of estates that include firearms, at http://www.nfa.ca/content/view/246/199/ Clive ------------------------------ End of Cdn-Firearms Digest V11 #1016 ************************************ Submissions: mailto:cdn-firearms-digest@scorpion.bogend.ca Mailing List Commands: mailto:majordomo@scorpion.bogend.ca Moderator's e-mail address: mailto:drg.jordan@sasktel.net List owner: mailto:owner-cdn-firearms@scorpion.bogend.ca FAQ list: http://www.canfirearms/Skeeter/Faq/cfd-faq1.html Web Site: http://www.canfirearms.ca CFDigest Archives: http://www.canfirearms.ca/archives To unsubscribe from _all_ the lists, put the next four lines in a message and mailto:majordomo@scorpion.bogend.ca unsubscribe cdn-firearms-digest unsubscribe cdn-firearms-chat unsubscribe cdn-firearms end (To subscribe, use "subscribe" instead of "unsubscribe".)