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View Full Version : Questions on hypothetical transfers due to death in and out of state: Inheritance an


j-rod
08-18-2011, 3:30 PM
Hello all, I'm looking for some clarity on two possible scenarios.

Scenario 1:

Dean lives in CA. Dean has updated his will and has passed away. His children have taken the house and accounts but have never had any interest in his firearms. Dean wants to leave his 2 rifles and 2 handguns to his friend's 2 adult children who are avid shooters.

Can Dean transfer the firearms to non-family through his will? Would it be FFL exempt? Are the pistols exempt from the Safety Roster? Is the HSC required? What paper work would the recipients need? Any other factors to consider?



Scenario 2:

Ralph lives in AZ and has an extensive gun collection. In his will he wants his Step-daughter's husband Larry to have his collection when he passes. Larry lives in CA. The collection includes a OLL AR and a named AR (per CA's laws) and both are in 'free state' configurations (no bullet button, flash hider etc). There are many handguns including a Taurus Judge. All mags are free state versions (<10 where applicable). And there is a sizable amount of ammo.

Again, any issue with the transfer? Can Ralph leave his arms to an non-blood recipient?
If so, I'm assuming Larry would have to pass on the named AR, or strip it down to the lower and sell that in AZ, or just keep the named AR in AZ. I'm assuming Larry would have to do the same with the Judge (sell in AZ or leave in AZ). Can the OLL lower pass with a bullet button installed? Mags could be disassembled and brought into CA as parts and then left as such or rebuilt in to 10 round capacity. I don't think there would be any issue with the ammo unless there were tracers... Drive the truck back to CA at the speed limit and have the CALGUNS hotline number handy?

Would it be FFL exempt? Are the pistols exempt from the Safety Roster? Is the HSC required? What paper work would the recipients need? Any other factors to consider?


Thanks in advance.

Librarian
08-18-2011, 3:53 PM
Would it be FFL exempt? Are the pistols exempt from the Safety Roster? Is the HSC required? What paper work would the recipients need? Any other factors to consider?


You picked inheritance - inheritance (http://wiki.calgunsfoundation.org/index.php/Inheriting_firearms%2C_both_within_California_and_ Interstate) is easy.

No FFL, no Roster issues, no family issues. File OPLAW form for any handguns, HSC is required.

Judge is still a short-barreled shotgun, and cannot be brought to CA.

'Named' California-banned semiautomatic rifles cannot be made California-compliant; it's legal to inherit them from out of state, but they have to stay out of state.

Mags > 10 rounds have to be disassembled into parts kits and kept that way in state, or rebuilt as 10s.

j-rod
08-18-2011, 4:16 PM
You picked inheritance - inheritance (http://wiki.calgunsfoundation.org/index.php/Inheriting_firearms%2C_both_within_California_and_ Interstate) is easy.

No FFL, no Roster issues, no family issues. File OPLAW form for any handguns, HSC is required.

Judge is still a short-barreled shotgun, and cannot be brought to CA.

'Named' California-banned semiautomatic rifles cannot be made California-compliant; it's legal to inherit them from out of state, but they have to stay out of state.

Mags > 10 rounds have to be disassembled into parts kits and kept that way in state, or rebuilt as 10s.

Clear and concise. Thanks Librarian!

newbee1111
08-18-2011, 4:30 PM
I think inheritance transfers are FFL exempt. My friend left me his guns and they don't need to go through an FFL (both of us lived in California though).

Librarian
08-18-2011, 4:59 PM
I think inheritance transfers are FFL exempt. My friend left me his guns and they don't need to go through an FFL (both of us lived in California though).

You think correctly; neither Feds nor CA require an FFL for transferring inherited firearms to a CA resident.