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View Full Version : Parents gave me Grandpa's pistol: legal?


xrMike
02-14-2007, 12:44 PM
My parents (who live in Arizona) were visiting me recently in CA and gave me a pistol that belonged to either my dead grandfather or uncle. They're not sure which one of them actually bought it. It's a High-Standard Double-Nine, which is a 9-shot .22 revolver. It's done in a western style. Haven't shot it yet, but it looks to be the perfect gun for taking down into the semi-boonies where I live, down by the river, and plinking away with it, without attracting the attention of land-owners who live a mile or two away (something I won't risk with my .45).

Anyway, is this transfer legal (fall into the "intra-familial" category), or should we have gone through an FFL?

xenophobe
02-14-2007, 12:48 PM
Yes if it was your grandfathers, no if it was your uncle's. If it was a gift from your father, file the intra-familial transfer form.

Those High Standard 99's are pretty decent.

xrMike
02-14-2007, 12:55 PM
Well now that I think harder on it, why yes... Yes... It WAS my grandfather's gun after all! :D

It's in great shape too. Faux mother-of-pearl grips, nice balance. The only thing I don't like is that it has a REALLY hard double-action trigger pull to it. I mean terrible. But if I cock the hammer with my thumb, the single-action trigger pull is very light and sweet and crisp-breaking.

Intra-familial form it is. Thanks.

EOD Guy
02-14-2007, 12:57 PM
Not legal either way. Federal law requires that a FFL in the recipient's home state process the transfer. Direct transfers between residents of different states are a violation of Federal law. There is no exception for family transfers.

xdpackin
02-14-2007, 4:10 PM
yeah, I would check with the officals and find what they say

hoffmang
02-14-2007, 5:34 PM
I'm pretty sure there is an operation of law/familial transfer exception at the ATF level.

-Gene

asintado
02-14-2007, 10:55 PM
Father to son, grandfather to grandson and vice versa are okay with no FFL. You just need to fill out the form and send it to DOJ w/ $19 to make it all legit.

Mssr. Eleganté
02-14-2007, 11:57 PM
I'm pretty sure there is an operation of law/familial transfer exception at the ATF level.

-Gene

No there is not!

There is a bequest/intestate succession exeption at the ATF level. It has no "family" requirement at all, just a "dead as a doornail" requirement.

You can combine the Federal "dead" requirement with the California "family" requirement to receive firearms from out of state dead "family" members without going through an FFL. But first make sure the family member is DEAD.

Now for the original poster's question, he didn't say how long ago his grandfather passed away. Maybe he could claim an "intestate succession" transfer, saying his parents were just acting as executors of the grandfathers estate. That they never acquired the guns and were only holding them as part of their job of disposing of the grandfather's estate.

xenophobe
02-15-2007, 12:40 AM
No there is not!

There is a bequest/intestate succession exeption at the ATF level. It has no "family" requirement at all, just a "dead as a doornail" requirement.

You can combine the Federal "dead" requirement with the California "family" requirement to receive firearms from out of state dead "family" members without going through an FFL. But first make sure the family member is DEAD.

Now for the original poster's question, he didn't say how long ago his grandfather passed away. Maybe he could claim an "intestate succession" transfer, saying his parents were just acting as executors of the grandfathers estate. That they never acquired the guns and were only holding them as part of their job of disposing of the grandfather's estate.

That is the situation that I was thinking of, a flu fever and headache has me posting incorrect info above.

It would only be legal if the firearm was either willed or given from the estate, but I believe there is a time limit where this must be accomplished, 90 days perhaps, but the transfer would have to be through an FFL, with the exemption of interstate succession given, which I think has to be approved by the doj. Not sure.

I should shut up now. lol

Mssr. Eleganté
02-15-2007, 12:54 AM
...a flu fever and headache has me posting incorrect info above.

I should shut up now. lol

Take a bath, and then wrap a hot towel around your head.

And then make yourself some soup.

http://www.type03.net/novelty-pics/tombueller.jpg

mow
02-15-2007, 6:26 AM
Amendment II you're my heroi :p

xrMike
02-15-2007, 9:29 AM
Thanks for the edit, Ivanimal. Took me a second to figure out what you removed. Never should've said that.

My Grandpa passed way back in the 1970s. My parents got the gun as part of his estate, and put it away in a closet for all these years, and finally decided that I should have it.

If this gifting was truly not kosher I guess I'll have to give it back to my folks and do a legal transfer, since it's one of the few things left from my Grandpa and I really do want to keep it.

bu-bye
02-15-2007, 10:22 AM
I can't be the only one who wants to see some pics:D

xrMike
02-15-2007, 10:38 AM
Really? I never thought anyone would be interested... Cool, I'll post some up tonight or tomorrow then. It's nothing special, but yeah, I understand how a picture of a gun -- any gun -- is better than no picture at all. :D

maxicon
02-15-2007, 11:44 AM
Some of us are High Standard revolver fans, though the target pistols are a lot more popular. They also made decent shotguns - I have a .410 pump by them.

I like them because my first revolver was a High Standard Sentinel 9 shot .22 snubby. They're inexpensive and lots of fun, if not the most accurate. My kids like shooting them a lot.

If you want to work on lightening the trigger pull, you can get springs to fiddle with from Numrich at www.e-gunparts.com. I've got a Sentinel Deluxe with a terrible DA pull that I'm going to trim the springs on when I get the time, and see if it helps.

You can find the manuals at http://www.histandard.info/.

bwiese
02-15-2007, 12:02 PM
The recipient must possess a Handgun Safety Certificate ("HSC card").

As Amendment II stated, the orig possessor must be dead - there is no interfamilial gift across state lines allowance for Federal law, just for inheritance.