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View Full Version : Do I need to go through an FFL for this?


botsdots
11-18-2009, 1:01 PM
This is a pretty complex question and I understand if no one can (or is willing to) answer all of it, but I'm hoping someone knows what's what. Thanks in advance!
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I'm inheriting a couple handguns. One Father->Son and one Grandfather->Grandson.

Both Father and Grandfather are deceased and Mother/Grandmother never filed any paperwork or anything, just kept the things around.

I'm unsure about the history of either gun as they were acquired back in the late 70s early 80s before I was born. If they were bought/sold "under the table" can I get in any trouble trying to claim ownership of them?

Do I need to go through an FFL to legally claim these handguns?

Thanks guys!

kemasa
11-19-2009, 8:57 AM
Are the firearms in CA? If so, then you only need to fill out the form http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf and pay your money.

If the firearms are out of state, I believe that the firearms can be shipped directly to you, although that can be an issue in getting it done, but you might need paperwork to show that the firearms are to go to you. Most likely it would be easier to go through a FFL, but the firearms would need to be a C&R, exempt or on the certified list.

Back in the 70s & 80s, you could sell a firearm without going through a FFL. So, as long as the firearms were not illegal/stolen, then there is no issue with that. The law was changed in the 90s to force transfers through a FFL in CA. Other states do not have such a requirement.

halifax
11-19-2009, 10:37 AM
Are the firearms in CA? If so, then you only need to fill out the form http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf and pay your money.

If the firearms are out of state, I believe that the firearms can be shipped directly to you, although that can be an issue in getting it done, but you might need paperwork to show that the firearms are to go to you. Most likely it would be easier to go through a FFL, but the firearms would need to be a C&R, exempt or on the certified list.
Back in the 70s & 80s, you could sell a firearm without going through a FFL. So, as long as the firearms were not illegal/stolen, then there is no issue with that. The law was changed in the 90s to force transfers through a FFL in CA. Other states do not have such a requirement.

Given this would be an inheitence/gift, the handguns (not hi-cap mags or handguns considered AWs or SBS/SBRs) would be SB15 exempt. They would not need to be on the roster.

kemasa
11-19-2009, 10:43 AM
SB15 does not deal with such things, although the DOJ says to use that for those types of firearm transfers, but some FFLs might not be aware of that or not want to do that.

The last I looked, I could not find anything about family transfers in the SB15 information.

halifax
11-19-2009, 2:56 PM
SB15 does not deal with such things, although the DOJ says to use that for those types of firearm transfers, but some FFLs might not be aware of that or not want to do that.

The last I looked, I could not find anything about family transfers in the SB15 information.

SB15 as in the bill that gave us the "Roster of Handguns Certified for Sale". For the OP's situation, the handguns do not need to be on the roster.

kemasa
11-20-2009, 9:59 AM
Yes, I am aware of that. Where does it say it say anything about family transfers? The DOJ says to use SB15 exemption, but there is nothing in the law which states that and some FFLs might not want to deal with it.

halifax
11-20-2009, 11:54 AM
Yes, I am aware of that. Where does it say it say anything about family transfers? The DOJ says to use SB15 exemption, but there is nothing in the law which states that and some FFLs might not want to deal with it.

Apparently you see the potential for yet another endless BS debate here. I'm not going to play. Goodbye.

kemasa
11-20-2009, 2:03 PM
No, I am just warning about that and why a FFL would not want to do it. The CA DOJ says to do it, so there should not be a problem, but ...

Mssr. Eleganté
11-21-2009, 11:35 AM
Yes, I am aware of that. Where does it say it say anything about family transfers? The DOJ says to use SB15 exemption, but there is nothing in the law which states that and some FFLs might not want to deal with it.

:confused: Um, yes there is. :confused:

12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section 12082 in order to comply with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of subdivision (d) of Section 12072 pursuant to any applicable exemption contained in Section 12078, if the sale, loan, or transfer complies with the requirements of that applicable exemption to subdivision (d) of Section 12072

for2nato
12-01-2009, 4:50 PM
this is pretty basic. if the guns are already in california. then take possesion of them, fill out the paperwork and send it in. $19.

if they are not in california. then you have to go through a ffl. do not ship these guns directly to you because it is a felony.
cal law states that it is ok for family to bring these guns to you. but federal law does not. and fed law super cedes state law on this. ship them to a ffl pay their fees and have them do the same family transfer. the roster is exempt on family transfers. but it can not be classified as a controlled item. i.e. assault weapon sbs high cap mag. you get the point.

kemasa
12-02-2009, 10:42 AM
I think that there might be an exception with respect the shipping in Federal law since he is inheriting the firearms. I recall seeing something about that, but don't recall the specific details. I think it was in the code section. It would also have to be legal in CA.

Paperwork showing how he is getting the firearms is important.

botsdots
12-21-2009, 4:15 PM
guys,

thanks for replying to this, I had forgotten about this question until my grandma asked if I had figured out what I needed to do.

The guns are in-state so it sounds like I fill out the paperwork and send in the $19. (per gun since they're from different family members, I'm assuming)

kemasa
12-21-2009, 4:24 PM
As you say, since it is in-state, it is much easier. Just fill out the paperwork and send in the forms and money. It looks like you would need to fill out two separate forms since it is coming from two separate people, but you might want to confirm that with the CA DOJ to see if you can save the $19. If the firearms were to come from the same person, at the same time, then you could fill out one form.