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cj1026
07-11-2008, 6:42 PM
A few years ago my mother-in-laws husband past. She sold a ton of his guns and kept a few. For the ones she kept, does she have to do any paper work so they will be hers or is it just a given. We are talking about 3 handguns and 1 rifle. Thanks guys

Slayer
07-11-2008, 7:57 PM
Look up "intra-familial transfers" on the CA DOJ website.

Hunter
07-12-2008, 8:34 AM
A few years ago my mother-in-laws husband past. She sold a ton of his guns and kept a few. For the ones she kept, does she have to do any paper work so they will be hers or is it just a given. We are talking about 3 handguns and 1 rifle. Thanks guys

I assume this was between married spouses whom lived in the same home and if so, they are her's free and clear.

cj1026
07-12-2008, 8:49 AM
I assume this was between married spouses whom lived in the same home and if so, they are her's free and clear.
Yep married for 15 years. Thanks for the help

Mssr. Eleganté
07-12-2008, 3:41 PM
Spouses still need to send in the OpLaw/Intrafamilial handgun form to CalDOJ when they "transmute" handguns from one spouse to the other. She would also need a Handgun Safety Certificate before she could send in the form.

If her husband transfered the handguns to her before January 1, 1991 then the above does not apply.

Moonclip
07-12-2008, 3:47 PM
She could not just sell or consign the guns to a FFL w/o doing the intrafamily form and HSC 1st?

Mssr. Eleganté
07-12-2008, 3:57 PM
She could not just sell or consign the guns to a FFL w/o doing the intrafamily form and HSC 1st?

Yes, she could have done that, and she probably did with all of the handguns she already sold.

I was just talking about the 3 handguns she kept for herself.

Hunter
07-12-2008, 8:19 PM
On one hand, the widow has receive the firearms as an "operation of law" and as such she can operate in that capacity (executor of estate) to sell the firearms as she has. There is no law saying how long one can take to sell those firearms, so it can go on for a while. If the widow decides not to sell the firearms, then and only then will she need a HSC to take posession. But besides that, the guns are already her's from the time they entered the marriage under law in CA.

3) Subdivision (d) of Section 12072 shall not apply to a person
who takes possession of a firearm by operation of law in a
representative capacity who subsequently transfers ownership of the
firearm to himself or herself in his or her individual capacity. In
the case of a handgun, the individual shall obtain a handgun safety
certificate prior to transferring ownership to himself or herself, or
taking possession of a handgun in an individual capacity.



(2) "A person taking title or possession of firearms by operation
of law" includes, but is not limited to, any of the following
instances wherein an individual receives title to, or possession of,
firearms:
(A) The executor or administrator of an estate if the estate
includes firearms.

(D) A receiver performing his or her functions as a receiver if
the receivership estate includes firearms.

(H) Firearms passing to a surviving spouse pursuant to Chapter 1
(commencing with Section 13500) of Part 2 of Division 8 of the
Probate Code.

People commonly cite "immediate family member" section to mean transfers between spouses. Well in CA both spouses already own a gun equally. If one actually takes time to read these PC section on familiy transfers it is very clear on what "immediate family member" means and no where does it mention spouses. Maybe because they already own it?


(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and all of the
following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.

(3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.

Mssr. Eleganté
07-13-2008, 2:15 AM
People commonly cite "immediate family member" section to mean transfers between spouses. Well in CA both spouses already own a gun equally. If one actually takes time to read these PC section on familiy transfers it is very clear on what "immediate family member" means and no where does it mention spouses. Maybe because they already own it?

The Penal Code doesn't mention spouses in the "immediate family member" section because spousal transfers of handguns are covered in another section of the Penal Code. They are covered under "Operation of Law" exemption in CPC Section 12078(i)(2)(B). This section of the Penal Code says that spousal transfers of handguns are considered an "Operation of Law" because they are made pursuant to Section 850 of the California Family Code.

Section 850 of the California Family Code says that property can be "transmuted" from one spouse to the other, from one spouse to community property, or from community property to one spouse.

The California Penal Code says that handguns transfered in this way between spouses need to be reported via the Operation of Law/Intrafamilial handgun transfer form and that the receiving spouse must have an HSC.