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Caladain
01-21-2011, 5:54 PM
I have a question that gets a bit complicated. Lets say i have a brother who has been collecting various firearms, WWI, WWII, Modern, Curiosity, etc, since coming home from a past war. Lets further add that his health has been rapidly declining in the last few years, as a direct result from exposure to some nasty stuff in that war.

Lets go further and say he has about 400+ guns (good for him!) in his various safe's (well cared for). He doesn't have long to live, a few more years. Lets say he's left everything to myself. Lets say we don't want all that to just get thrown away/destroyed, so how do we get them transferred over? Do we do it one at a time? Is there a bulk transfer option? What happens if he passes before they get transferred? Is there a good lawyer someone could recommend that would know how to deal with this sort of situation?

Hypothetically speaking of course.

trautert
01-21-2011, 6:08 PM
A last will and testament??????

Pred@tor
01-21-2011, 6:15 PM
uh move out to a state where it don't matter? lol

five.five-six
01-21-2011, 6:15 PM
I am sorry to hear about your brother.

don't worry about the guns, you can get them unless you are a prohibited person, fellon, of convicted of DV

for handguns you will need a HSA card ...er is it HSC now, either way any gun store can take care of that in 1/2 hour for like $30 or so

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Caladain
01-21-2011, 6:17 PM
A last will and testament??????

That's what I'd be wondering...do firearms transfer over with a last will? Or will the state freak out/do something? I haven't found much digging through inheritance laws..and the number of firearms is what i'm concerned about. I'm pretty sure if it was a rifle/shotgun, no one would care. But what about a couple hundred? Does everyone still shrug and not care?

n2k
01-21-2011, 6:22 PM
Have him create a Firearms Trust with you as the beneficiary.

Put all the firearms in the trust. You can also be listed as a trustee, this will allow you access to NFA/AOW firearms also.

n2k
01-21-2011, 6:27 PM
PM the following person:

http://www.calguns.net/calgunforum/member.php?u=13610

bussda
01-21-2011, 6:30 PM
Property of a decedent's estate is distributed in accordance with the will by the executor. He (executor) also ensures relevant taxes are paid. If no NFA items are involved, create and transfer to a nonrevocable living trust. May avoid taxes. And I am not a lawyer.

Librarian
01-21-2011, 6:36 PM
That's what I'd be wondering...do firearms transfer over with a last will? Or will the state freak out/do something? I haven't found much digging through inheritance laws..and the number of firearms is what i'm concerned about. I'm pretty sure if it was a rifle/shotgun, no one would care. But what about a couple hundred? Does everyone still shrug and not care?

If your brother chooses to will the guns to you, it's not really different than any other personal property, except you do need an HSC.

When the estate is distributed, file an OPLAW (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) form with a single $19 for all of the handguns. Not $19 EACH, but $19 for the whole set.

Sorry to hear about your brother's declining health.

n2k
01-21-2011, 6:48 PM
From another thread:
See this on the merits: http://www.guntrustlawyer.com/2009/10/why-do-i-need-an-nfa-firearms.html

blakdawg
01-21-2011, 7:30 PM
If your brother wants the guns to go to you, he should express those wishes in a will or in a trust.

If he does so in a will, if the value of his estate is > $100K, a formal probate is legally necessary to transfer his property. if the value of the property passing via the will is < $100K, no formal administration is necessary.

If your brother transfers his property via a trust, typically no court proceedings are necessary.

todd2968
01-21-2011, 8:12 PM
400+ Wow!!! Sorry about your brother

sevensix2x51
01-21-2011, 8:22 PM
dont forget about the c&r transfer- c&r long guns over fifty years old in their original configuration can be transferred by two california residents directly with no paperwork or government involvement. maybe get a jump start on it now and enjoy them together, have some good times together shooting/cleaning/bs'ing guns and philosophizing on all manner of different things, good old fashioned family bonding. i dont talk to my brother enough. :(

anyways, if you take possession of some now or in the near future, it may make the legal hurdles smaller, at a time when youll have enough other stress to worry about.

best of luck. hypothetically. :)

Werewolf1021
01-21-2011, 8:41 PM
Sorry about your brother... Prayers sent.

Caladain
01-21-2011, 9:36 PM
dont forget about the c&r transfer- c&r long guns over fifty years old in their original configuration can be transferred by two california residents directly with no paperwork or government involvement. maybe get a jump start on it now and enjoy them together, have some good times together shooting/cleaning/bs'ing guns and philosophizing on all manner of different things, good old fashioned family bonding. i dont talk to my brother enough. :(

anyways, if you take possession of some now or in the near future, it may make the legal hurdles smaller, at a time when youll have enough other stress to worry about.

best of luck. hypothetically. :)

That was my thoughts..it's a collection he's spent a long time and a lot of love on, so it's hard for him to think through it. He's bedridden..makes things hard to enjoy.

Wanted a bit of wiggle room when i first posted incase i was stepping on a huge landmine, if you catch my meaning.

sevensix2x51
01-21-2011, 9:45 PM
give your brother sincere thanks and a hearty handshake for his service, from me, and the rest of us here in internet land. if you need legal help down the road, this is the place to get it.

jtmkinsd
01-22-2011, 8:40 AM
The number of guns is of no importance, but if any are listed in CA as assault weapons by make and model, you cannot bring them into CA or take possession of them under any circumstance. If any are assault weapons by features, they would have to be made CA compliant before you could bring them in or take possession of them (CA RAW). You should make an inventory of what he has (make, model, serial #, type of firearm (rifle, shotgun, revolver, pistol,), barrel lengths, magazine capacities, and honestly...pictures of each wouldn't hurt either, and take it to an attorney who is familiar with CA law. A trust is a good idea, but may not be necessary, a simple will may suffice.

Ron-Solo
01-22-2011, 9:07 AM
Sorry about your brother. Prayers for peace and comfort during this time. Thank him for his service.

CSDGuy
01-22-2011, 9:22 AM
Transfer of a firearm via a will is an operation of law... therefore the oplaw form is all that would be needed for those firearms that would need to be registered. This is one of the few times that transfer of firearms wouldn't require an FFL.

I'm not certain of how this would work if the recipient lives in another state and was legally willed a firearm (or a large collection of them) and the recipient isn't related vertically.

Librarian
01-22-2011, 1:14 PM
Transfer of a firearm via a will is an operation of law... therefore the oplaw form is all that would be needed for those firearms that would need to be registered. This is one of the few times that transfer of firearms wouldn't require an FFL.

I'm not certain of how this would work if the recipient lives in another state and was legally willed a firearm (or a large collection of them) and the recipient isn't related vertically.

It works exactly the same way! :D

Feds exempt inheritance from needing the FFL on interstate.

CA also exempts inheritance - from anybody - from FFL so long as you use the OPLAW form.

See the wiki article http://wiki.calgunsfoundation.org/index.php/Inheriting_firearms%2C_both_within_California_and_ Interstate