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oldsmoboat
07-21-2009, 8:48 PM
Short version:
What's involved in transfering my deceased brother in laws pistols and rifles to my wife (she is his heir but there was no will) in California?

Long version:
My brother in law passed away in Missouri. He was kind of a loner and lived in a half-way house where guns were not allowed so he had "friends" holding them for him.
According to the detective that is investigating his death, he owned 27 various firearms.
He kept a list of who had what and we have so far located a few. Others who supposedly had others in their possession are denying that they have them. One mentioned that Missouri doesn't require the registration of guns any more. I assume he was implying that we would never find some of them.
I have a list of what he had that was registered and their serial numbers. I am guessing that because they are no longer required to be registered, we'll never find them.
What needs to happen to ship the ones we can verify to my wife in California?

TIA

kemasa
07-22-2009, 8:25 AM
It would be best if you could get a court document stating that she is to get the firearms. That would allow easier transfer since otherwise the firearms might need to be on the certified list.

From another thread:

Sec. 478.29 Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, shall transport into or receive
in the State where the person resides (or if a corporation or other
business entity, where it maintains a place of business) any firearm
purchased or otherwise obtained by such person outside that State:
Provided, That the provisions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by
bequest or intestate succession in a State other than his State of
residence from transporting the firearm into or receiving it in that
State, if it is lawful for such person to purchase or possess such
firearm in that State,
(b) Shall not apply to the transportation or receipt of a rifle or
shotgun obtained from a licensed manufacturer, licensed importer,
licensed dealer, or licensed collector in a State other than the
transferee's State of residence in an over-the-counter transaction at
the licensee's premises obtained in conformity with the provisions of
Sec. 478.96(c) and
(c) Shall not apply to the transportation or receipt of a firearm
obtained in conformity with the provisions of Sec. Sec. 478.30 and
478.97.


Sec. 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or
deliver any firearm to any other nonlicensee, who the transferor knows
or has reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a place of
business in) the State in which the transferor resides: Provided, That
the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of
a firearm made to carry out a bequest of a firearm to, or any
acquisition by intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the laws of the State of
his residence; and
(b) shall not apply to the loan or rental of a firearm to any person
for temporary use for lawful sporting purposes.

As to the "missing" firearms, I would tell the people that you have a list of the models and serial numbers and if they don't turn up, you will report them stolen. If they get caught with a stolen firearm, they will have a real problem.

oldsmoboat
07-22-2009, 6:21 PM
Thanks for the reply/info.
That's a good idea about reporting the guns stolen. They may turn up in the system at some point and knowing that they would be caught with a stolen gun may deter them.

kemasa
07-22-2009, 7:28 PM
If you tell them that, they may hand them over, especially if you offer then something for holding them. It would be funny for them to get arrested for a stolen firearm. Also, if the police investigate, they may not like having a visit, so that is also something to warn them about.

You are welcome!!

Ron-Solo
07-24-2009, 11:28 AM
+1 on reporting the ones you know to be missing as stolen. Be careful about ones you can't prove were his.

oldsmoboat
07-24-2009, 7:21 PM
+1 on reporting the ones you know to be missing as stolen. Be careful about ones you can't prove were his.
I have a list with serial numbers that I got from the sheriff's department. Sounds like the detective may contact two of the people that may have them. Still waiting to confirm.

Thompson Contender Frame
Thompson Encore Frame
FIE Tex .22
Jennings J22 .22
Jennings J22 .22
Ruger Single Six .22
Czech C2-52 .25
H&R 732 .32
Norinco 54-1 .38
Russian M1895 .38
Astra 1921 9mm
CI 77 9mm
Davis DLB9D 9mm
FEG P9RK 9mm
Ruger Service Six .357
Ruger Blackhawk .357
Taurus 669 .357
Charter Arms Bulldog .44
Ruger Redhawk .44
Auto Ordance 1911A1 .45
FMJ Derringer .45
Ruger Blackhawk .45
Savage 510 .308
Czech 54 7.62
Czech CZ 7.62
N.A. CO TV90 7.62
FMJ D 45/410

oldsmoboat
07-25-2009, 4:06 PM
Heard form one of the guys that was holding the guns. He has 11 rifles that are not on the list we got from the detective. Seems like they are mostly older.
http://www.freeimagehosting.net/image.php?7fb1b58e99.jpg
http://www.freeimagehosting.net/image.php?7fb1b58e99.jpg

LISTINGITALL
07-25-2009, 5:05 PM
Nice collection,too bad when someone dies,some of their so-called "good" friends become liers and thieve's when it comes to stuff entrusted to them for safe keeping.May these friends of your deceased brother burn in hell for taking advantage of his passing!

kemasa
07-26-2009, 9:02 AM
Just don't let any of them know that you may not have the complete list. If they find out, then they may only return what you know about. Let them think that you have the complete list with all the serial numbers.

I also hope that they pay for their lies and breech of trust.

Rob454
08-06-2009, 3:41 PM
Call them in stolen if you cant get them to voluntarily give them to you. Its a bad thing to be caught with a stolen weapon. Non registration is ok but if the serial # is reported stolen then it doesnt matter. Whoeveris holding that weapon is gonna get arrested