View Full Version : Can I sell an inherited firearm?

10-27-2009, 4:53 PM
Hello all, I inherited a firearm from my step Dad when he passed away. I want to transfer it out of state for a gun trade. Can I do this or is there a legal problem? I think it is either registered in his name or his Uncle's name who also passed away. Any help would be appreciated.

10-27-2009, 5:02 PM
Can you show that you are legally the owner, such as a will or something else? If not, then there could be an issue as to who the legal owner is. This might not actually matter, except if something occurs to question it, but generally speaking you can ship it out of state to a FFL without a problem.

10-27-2009, 5:03 PM
if it is a handgun you should have filled out an oplaw form when you received it. If it is a long gun there is no registration so no need to worry about it. You can dispose of it like any other firearm you own. There is no restriction or change based on how you legally obtained the gun.

ETA: If you inherited a handgun within 60 days of disposition there is no requirement to fill out the oplaw before selling/transferring to another person.

12070. (a) No person shall sell, lease, or transfer firearms unless he or she has been issued a license...
(b) Subdivision (a) does not include any of the following:
(3) The sale, lease, or transfer of a firearm by a person who obtains title to the firearm by intestate succession or by bequest or as a surviving spouse ... within 60 days of receipt of the firearm.

10-27-2009, 5:18 PM
Here is the DOJ form you'd use to "claim it" if it is a handgun: