PDA

View Full Version : Interstate firearm inheritance calrification


herburt
12-29-2008, 12:16 PM
Hello,

I was wondering if I could get a clarification on a few points regarding bringing firearms in to California. My grandmother has given me a few rifles, m1 carbine and other California legal rifles that do not fall under any assault weapon or hi cap mag laws that exist in California. They are currently in Georgia as I did not want to bring them in until I was absolutly sure I was following the laws of our "great" state. I have read the articles here describing inheritance but I did not see any mention of an out of state inheritance transfer of firearms in my search. I am aware that rifles are unregistered but I just want all of the bases covered before I have either my grandmother bring the rifles to a FFL to be transfered or just send them directly to me. Thank you for any responses.

Librarian
12-29-2008, 12:36 PM
In this case, CA's laws are more convenient than the Feds.

see http://www.calguns.net/calgunforum/showthread.php?t=124237 and http://www.calguns.net/calgunforum/showthread.php?t=114142

If grandmother lived in CA, she could just give them (long guns) to you. Intrafamilial transfer, no paper, no fuss.

If grandmother should happen to pass on, may that be as far in the future as she wishes, Feds say they can go to you as a beneficiary of her estate without FFL, and CA says intrafamilial transfer; again, no paper, no fuss.

-- Oh, wait, maybe I misread - Grandmother is already gone? I didn't read 'My grandmother has given me' to mean that, at first. Local estate administrator can just FedEx them to you, or you can go back to GA and pick them up, bring them home with you, or ship them yourself.

Interstate transfer, before inheritance, has to go through a FFL in the home state of the person who receives the guns. In this case, that would be a CA FFL, so you should ask around if a local business will receive them for you, and not charge too big a fee.

Dr Rockso
12-29-2008, 12:53 PM
Make sure that none of the magazines, for the M1 Carbine in particular, have capacities of greater than 10 rounds. There is no legal way for you to bring a "high capacity" magazine into the state. If you did not possess it in California prior to 2000, you are out of luck.

Like Librarian has said, to remain compliant with federal law interstate transfers must go through a FFL. If you had a type 03 FFL (collector of curios and relics) you could do the transfer yourself (provided the firearms are listed on the ATF's Curio and Relic list (http://www.atf.gov/firearms/curios/index.htm). Getting a type 03 FFL is pretty straightforward, it just takes a couple of months and costs $30 for 3 years. If you don't have an 03 FFL, it's probably just easier to find a dealer in CA who will do the transfer for you.

CHS
12-29-2008, 12:58 PM
Make sure that none of the magazines, for the M1 Carbine in particular, have capacities of greater than 10 rounds. There is no legal way for you to bring a "high capacity" magazine into the state. If you did not possess it in California prior to 2000, you are out of luck.


No legal way? Yes there is. Bring them back as parts kits. Perfectly legal.

Just don't assemble them here in the state, or if you do, assemble them as pinned/blocked 10rd'ers.

herburt
12-29-2008, 2:09 PM
Awesome, thank you for the responses. I have already checked all of the magazines that she has for the m-1 and they are 10 round capacity only. This is a pre inheritance transfer as she is thankfully still very much alive, the rifles were originally my grandfathers and they were passed to her in his will.

The only other clarification I need is if on her end in Georgia, do the rifles need to be sent from a Georgia FFL to my California FFL or can she just pack them up in UPS or Fedex unloaded herself and just send them to a California FFL of my choosing who I would notify before hand.

Thank you for the responses, I just wanted to make sure the rifles come in legally as I would be taking a few of them to the range and would like to avoid any hastle down the road!

bwiese
12-29-2008, 2:24 PM
Awesome, thank you for the responses. I have already checked all of the magazines that she has for the m-1 and they are 10 round capacity only. This is a pre inheritance transfer as she is thankfully still very much alive, the rifles were originally my grandfathers and they were passed to her in his will.

OK, glad Grams is still kickin'! This means it's a transfer, not an inheritance or bequest - thus an FFL is needed for guns to cross between state lines or between residents of differing states..

do the rifles need to be sent from a Georgia FFL to my California FFL or can she just pack them up in UPS or Fedex unloaded herself and just send them to a California FFL of my choosing who I would notify before hand.

No supply-side FFL is needed. Grams can pack them up and ship them to your CA FFL.

However, not all CA FFLs receive guns from non-FFLs; this is a self-imposed limitation. Check with your FFL beforehand to 'clear the path'. Find another FFL if yours won't do this [it's easier on this end to find an FFL accepting guns from a nonFFL than for Grams to find a shipping FFL in Georgia that will go thru the CFLC paperwork].

Make sure Grams includes paperwork in the package indicating "These guns are to be transferred to my grandson Billy Bob Gunner" so the gunshop doesn't screw up and somehow put these in sales inventory :)

Long guns can be shipped via US Mail. (Handguns cannot.) IMHO shipping rifles via US Mail is easier. They do need to be declared as firearms - ignore any idiot that says just to declare them as "machine parts".

Make sure Grams verifies (or has someone she trusts to do so) that the guns are unloaded. Shipping a loaded gun (regardless of safety issues) could get one in big trouble.