Issue link: http://ssaansw.uberflip.com/i/948675
Sporting Shooters Association of Australia (NSW) Inc. 9 Following an article I wrote for the September issue of the NSW Shooter Quarterly Review regarding firearms and deceased estates a reader, Mr Des Grigg, posed the following questions, noting these circumstances: • My wife is Executor of my Will if I die first and is not a licenced shooter. • My sons are Executors when we both die. • My sons do not want to lose them as some belonged to my father and grandfather. Q1. When I die, can I pass on my firearms to my licenced sons in my Will, or do they have to be sold to a dealer and then repurchased? A1. When you die, your firearms will form part of your estate. They will be left to your beneficiaries in accordance with your Will and can be possessed by those beneficiaries provided they are suitably licensed. I would suggest you make specific reference to the firearms and who they are to go to in your Will. They do not have to be disposed of through a dealer and sold and repurchased. I would suggest your sons would simply need to put Permits to Acquire in to the Firearms Registry and once they are approved, the registration is transferred to them. They do not have to leave the house as your wife as Executor, even though she isn't licensed has 6 months in which to make those arrangements. Those arrangements can also be made through a Firearms Dealer if your wife felt more comfortable doing it that way. Q2. Is there a limit to the number of firearms owned? A2. There is no specific provision in the Act or Regulations pertaining to the amount of firearms a person can lawfully own, except as relevant to Security Firms. The Firearms Registry, however, always monitor how many firearms people have registered to them and if that number starts getting high, they will ask why so many are needed and then may reject an application for a Permit to Acquire. Q3. Could I give the firearms to my sons prior to my demise? A3. The simple answer is yes. If you would like your sons to have your firearms before your demise, they would need to be suitably licensed and make applications for Permits to Acquire as any person seeking to take possession and ownership of a firearms would. Stephen Mainstone The information contained in this article is general in nature and should not be considered legal advice. Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers is able to provide legal advice regarding all firearms and other Police related matters. Contact our office on (02) 9531 0322, email at info@mainstonelawyers.com.au or on our website www.mainstonelawyers.com.au Ask Stephen Legal Matters Benchrest: Dave Billinghurst 0418 478 160 Big Game: Ben Doherty 0409 831 258 Colonial Action: Bob Conran 0419 423 161 Combined Services: Corey Garbutt 0427 634 543 Field Rifle & 3P: Gerald Watters 0414 526 621 Lever Action: Don Chesworth 02 6628 3979 Muzzleloading: Shayne Barnsley 0418 302 062 Pistol: Vacant Rifle Silhouette: Tim Barry 0419 405 696 Shotgun: Greg Allen 0409 444 955 Single Action: Dennis Jackson 0418 674 531 Discipline Coordinator: Warren Brown 0428 623 161 Discipline Chairmen