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Crusader Matt
11-04-2009, 12:24 PM
Hey, I'm sure you guys answer this on a regular basis, but I'm having trouble finding a specific answer to my circumstances. So thanks for the help!

My grandfather just passed away, and on his deathbed he told my grandmother he wanted me to have his guns. Do I just have to fill out that DOJ form? Does him dying change things, meaning they can't be transferred to me or they have to be transferred through my grandmother now instead?

*About firearms*
-All legally purchased and registered
-Several shotguns and rifles (no C&R or .50 cals or AW's or anything like that)
-Several handguns (one might be C&R)

*About me*
-I am his full blood grandson
-I am over 21 and not prohibited from owning firearms in any way
-I have a valid HSC
-I have safes and locks readily available.

dantodd
11-04-2009, 12:38 PM
Handguns must be registered with the Operation of Law form from the DOJ website. The long guns do not require any paperwork. As long as they are legal to possess in CA (i.e. no Assault weapons etc.) you can keep them. You are also not allowed to take possession of magazines with a capacity greater than 10 rounds.

I'm sorry for your loss.

IrishPirate
11-04-2009, 12:44 PM
I was told you dont technically need to register the handguns since he was your grandfather. you definitely dont need to do anything with the long guns as long as their legal in CA, but you can and might have to do the handguns. I was also told you can do interfamily transfer of handguns online and it's $19 per gun. Should be a link on the DOJ website (i think that's what dantodd was refering to). Don't ask an FFL though, they'll just want you to give them their money. good luck, sorry for your loss

tba02
11-04-2009, 12:47 PM
Procedural Question: Are the firearms in California or another state?

dantodd
11-04-2009, 12:59 PM
Procedural Question: Are the firearms in California or another state?

It doesn't matter other than shipping regulations. While the feds do not have the same intra-familial exceptions that California has they do have exemptions for bequests.

Johnny?
11-04-2009, 1:04 PM
I belive it 19.00 for upto 3 gun on the form

dantodd
11-04-2009, 1:08 PM
I belive it 19.00 for upto 3 gun on the form

I'll have to re-read the form but I thought you could do more by attaching a piece of paper with the additional guns.

ETA: just looked and you just have to pay once for all the handguns. From the instructions on the back of the form:
If reporting more than three handguns, make and attach extra copies of this form to meet your reporting needs.

ke6guj
11-04-2009, 1:12 PM
I belive it 19.00 for upto 3 gun on the form

its $19 total for as many handguns as you wish to register. YOu can use multiple forms if you have more than three handguns, but its still $19 total.

bwiese
11-04-2009, 1:18 PM
Firearm bequests/estates are exempt from processing thru FFL on both Fed and CA basis.

Upon release of assets by executor, they can be shipped directly to you (see below), or you can go fetch 'em and bring 'em back, or they can bring 'em to you.

Handguns must be registered via Operation of Law form (with $19 fees) and you must have a valid HSC card.

Now, grandma might have a hard time shipping guns to a non-FFL: the UPS office may balk. In that case have them shipped to a CA FFL, pay his fees, and the guns are Roster-exempt due to estate/probate.

Crusader Matt
11-04-2009, 2:14 PM
Thanks so much for your guys' help and sympathy. That concurs with what I thought, but I wanted to be sure. They're also all California bought and owned, there's no shipping or interstate transfer needed, so that isnt an issue.

mmartin
11-04-2009, 2:25 PM
I belive it 19.00 for upto 3 gun on the form

$19 for each transfer activity, which can have as many forms as you can print and fill out. 3 handguns per form, but if you submit them all at once only $19. (say you're transfering 10 handguns, print 4 forms, fill them all out, send the 4 forms in with 1 check for $19.)

just did this (multiple forms) with no hassle, paperwork back from DOJ in about 3 weeks. megan

sierratangofoxtrotunion
11-04-2009, 2:33 PM
You are also not allowed to take possession of magazines with a capacity greater than 10 rounds.

Hmmmmm.


I say he could.

*as long as they're already in CA.

dantodd
11-04-2009, 3:08 PM
Hmmmmm.


I say he could.

*as long as they're already in CA.

You would be wrong it is illegal for the estate to transfer the magazines to anyone, including survivors.

sierratangofoxtrotunion
11-04-2009, 3:22 PM
You would be wrong it is illegal for the estate to transfer the magazines to anyone, including survivors.

Hypothetical. Whole family is around Gpa's bed. "I'm not going to make it too much longer, Frank, you like guns, you're into hunting, etc whatever, you can have all my gun stuff including my hi-caps." Frank takes the hi-caps. Soon Gpa breathes his last.

Gpa gave away hi-caps. That's illegal.
Frank received hi-caps. That's legal.

Who you going to charge?

ETA: This also ignores the scenario if Frank find's Gpa's old hicaps in a box in the attic after his passing.

dantodd
11-04-2009, 3:29 PM
Hypothetical. Whole family is around Gpa's bed. "I'm not going to make it too much longer, Frank, you like guns, you're into hunting, etc whatever, you can have all my gun stuff including my hi-caps." Frank takes the hi-caps. Soon Gpa breathes his last.

Gpa gave away hi-caps. That's illegal.
Frank received hi-caps. That's legal.

Who you going to charge?

ETA: This also ignores the scenario if Frank find's Gpa's old hicaps in a box in the attic after his passing.

Sorry, I thought you were being serious that there was a way to actually transfer them legally. You were merely saying that you can come up with an impossible to prosecute hypothetical.

sierratangofoxtrotunion
11-04-2009, 3:31 PM
Sorry, I thought you were being serious that there was a way to actually transfer them legally. You were merely saying that you can come up with an impossible to prosecute hypothetical.

:D :mnl: Wheee!

Even more fun: the box of mags in the attic. California is a community property state. So do they belong to Grandma?

mmartin
11-04-2009, 3:31 PM
http://codes.lp.findlaw.com/cacode/PEN/3/4/2/1/2/s12020

CAL. PEN. CODE 12020 : California Code - Section 12020
(a)Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
...
(2)Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.

doesn't say anything about transfer as an operation of law (as in through a will or estate), but you can't give them.

megan