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View Full Version : Strange (?) Inheritance Issue

halifax
09-05-2006, 03:35 PM
Got a guy whose father died in 1993. He inherited everything including a .32 revolver. Since he wasn't a gun guy, he let his brother-in-law take possession of it and transported it to Oregon. Now the brother-in-law needs to return it to this guy in California.

How complicated is this to do legally?

Thanks
Shane916
09-05-2006, 03:37 PM
Sounds similar to this:

http://www.calguns.net/calgunforum/showthread.php?t=39317
blkA4alb
09-05-2006, 04:00 PM
Its not at all similar to that shane. The brother in law has no direct relation to the guy. If the brother in law is still in Oregon then he can't give the guy any AWs, handguns that aren't on the list, or standard capacity magazines. Any handguns that are on the list need to be transferred through an FFL.

There are others here more knowledgeable about these matters though.
Hunter
09-05-2006, 04:10 PM
If he never gave up ownership but only loaned it to his brother-in law, then it is still legally his. If that is indeed the case here, then he just needs to retrieve it in person. If he gave up ownership, then it is a different matter.

And since it was transfered pre 1998, there were no laws in effect at that time to notify the DOJ of the inheritance transfer.
halifax
09-05-2006, 04:20 PM
If he never gave up ownership but only loaned it to his brother-in law, then it is still legally his. If that is indeed the case here, then he just needs to retrieve it in person. If he gave up ownership, then it is a different matter.

And since it was transfered pre 1998, there were no laws in effect at that time to notify the DOJ of the inheritance transfer.

He never gave up ownership. But he will be driving back into CA with it. I guess if he can prove he owned it legally in 1993, he would be OK.

Thanks
Fjold
09-05-2006, 04:29 PM
He never gave up ownership. But he will be driving back into CA with it. I guess if he can prove he owned it legally in 1993, he would be OK.

Thanks

Actually, the state would have to prove that he received it after 1998.
Hunter
09-05-2006, 04:38 PM
He never gave up ownership. But he will be driving back into CA with it. I guess if he can prove he owned it legally in 1993, he would be OK.

Thanks

The bottomline is that the gun was received as an inheritance and as long has he still owns it (although he maynot yet possess it) then those laws control this situation. If the gun was here in 1993 and he had taken possession of it then, then it is his free and clear. If the gun is now coming into the state and he is taking possession of it for the first time, then he just needs to pay the $19 fee and fill out the transfer form stating is was an inheritance transfer. The law states you have 30 (60?) days from taking possession of the handgun in CA to file the form.