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View Full Version : Inherited Guns. What to do?


sanfranciscoe
04-03-2007, 3:54 PM
I live in California, I have inherited some guns from the east coast. Can these be sent to me? How? Do I need to register them or anything? What do I need to know? Thank you.

tgriffin
04-03-2007, 4:07 PM
We need way more information.

What kinda of guns? Thats the place to start.

Absolutes:
1. No magazines over 10 rounds can be imported into the state.
2. No "named" assault weapons
3. No 50 bmg's
4. No destructive devices
5. No NFA weapons
6. No handguns with threaded barrels
7. No semi auto shotguns with evil features
8. No improperly (evil feature) configured rifles
9. No shotguns with detachable magazines.
10. No tracer and/or incendiary ammo, no armor piercing handgun ammunition.

Make sure everything goes through an FFL on both sides. CADOJ has forms for importation of firearms, although im not sure how that would apply in this circumstance as you are a CA resident..... hmmmmmmmmmm. Others will chime in. Good luck.

cartman
04-03-2007, 5:46 PM
do you have to go through a ffl if you inhereted from direct blood like father or grandfather? i thought that was exempt.

TKo_Productions
04-03-2007, 5:54 PM
We need way more information.

What kinda of guns? Thats the place to start.

Absolutes:
1. No magazines over 10 rounds can be imported into the state.
2. No "named" assault weapons
3. No 50 bmg's
4. No destructive devices
5. No NFA weapons
6. No handguns with threaded barrels
7. No semi auto shotguns with evil features
8. No improperly (evil feature) configured rifles
9. No semi auto shotguns with detachable magazines.
10. No tracer and/or incendiary ammo, no armor piercing handgun ammunition.

Make sure everything goes through an FFL on both sides. CADOJ has forms for importation of firearms, although im not sure how that would apply in this circumstance as you are a CA resident..... hmmmmmmmmmm. Others will chime in. Good luck.

;)
10 limit

blkA4alb
04-03-2007, 6:55 PM
7. No semi auto shotguns with evil features
9. No shotguns with detachable magazines.

This is not correct. A semiautomatic can have either a pistol grip or collapsable stock, but not both.

And shotguns most certainly can have detachable magazines provided they are not semiautomatic.

12276.1. (a) Notwithstanding Section 12276, "assault weapon" shall also mean any of the following:
(6) A semiautomatic shotgun that has both of the following:
(A) A folding or telescoping stock.
(B) A pistol grip that protrudes conspicuously beneath the action of the weapon, thumbhole stock, or vertical handgrip.
(7) A semiautomatic shotgun that has the ability to accept a detachable magazine.
(8) Any shotgun with a revolving cylinder.

tgriffin
04-03-2007, 8:58 PM
I stand corrected..... sorry bout that... its hard to keep convoluted law straight when you dont believe it should be there in the first place.

Mssr. Eleganté
04-03-2007, 9:20 PM
do you have to go through a ffl if you inhereted from direct blood like father or grandfather? i thought that was exempt.

You are correct.

A firearm inherited from a "family" member is exempted by both Federal and California law from having to go through an FFL. The California exemption is based on the "family" relationship and the Federal exemption is based on the inheritence. I put the word "family" in quotes because for these kinds of firearms transfers "family" only means grandparent/parent/child/grandchild relationships and does not include siblings.


Make sure everything goes through an FFL on both sides. CADOJ has forms for importation of firearms, although im not sure how that would apply in this circumstance as you are a CA resident.....

If the inheritance is from a "family" member then no FFL is needed at all. If the inheritance is not from a "family" member then an FFL is only needed on the receiving end.

The CalDOJ form used to report these kinds of transfers is the Operation of Law/Intrafamilial Handgun Transaction form. It is only used for handguns. Long guns don't need to be reported.

sanfranciscoe
04-04-2007, 9:17 AM
Hello. The guns are from my father's estate. one is a .22 pistol and one is a .38 revolver... regular type guns he used on pistol range target practice. Thank you for your information.

battlehatch
04-04-2007, 9:33 AM
I have a question related to this... My mom has an XD9 she wants to give me because she just got a revolver and prefers it. Do we need to do anything special for our transfer?

Shane916
04-04-2007, 9:35 AM
I have a question related to this... My mom has an XD9 she wants to give me because she just got a revolver and prefers it. Do we need to do anything special for our transfer?

You need a HSC and the DOJ form then fill it out and send it in with the required amount of money.

battlehatch
04-04-2007, 9:38 AM
She doesn't live in this state. She is planning on bringing it to me when she visits next... I looked at the form and the info it asks for is her CDL or CID, of which she has neither since she's an NV resident. Just wondering how it will work out.

battlehatch
04-04-2007, 9:41 AM
Oops, that's where I put MY CDL. anyway, under how it was aquired, what should I put there? I'm not an executor of an estate or anything, just her son...

Surveyor
04-04-2007, 11:19 AM
I have a question related to this... My mom has an XD9 she wants to give me because she just got a revolver and prefers it. Do we need to do anything special for our transfer?



Damn, sounds like a cool mom!

battlehatch
04-04-2007, 11:32 AM
I have mentioned her in a couple other threads, she's pretty cool. She taught me firearms safety and shooting when I was about 6 or 7. Her dad was an avid all around ourdoorsman and sportsman and she was raised around guns and hunting. It's funny watching my mom shoot her AR, she's only about 4'10" and 110lbs. When she bought her AR recently, she was standing in line waiting to do the paperwork and a large fella behind her said, "What are you buying there little girl? A .22?" and kinda chuckled. My mom turned and said, "Nope, an AR15 and a ,.38spl." The guy had this look on his face that I can only describe as the look a dog gets when it realizes it has to crap. She really likes the AR, but recently got to try out an FN PS90or P90 and is planning to purchase that soon. I get really jealous when she calls to brag about her new guns because I can't get the same stuff here in CA.

TKo_Productions
04-04-2007, 11:58 AM
She doesn't live in this state. She is planning on bringing it to me when she visits next... I looked at the form and the info it asks for is her CDL or CID, of which she has neither since she's an NV resident. Just wondering how it will work out.

Since you're residents of separate states, federal law requires that the transaction take place through an FFL, regardless of your blood relationship.

State law requires that you have a HSC, and that you demonstrate proper handgun safety at the time of transfer.

TKo_Productions
04-04-2007, 12:01 PM
Hello. The guns are from my father's estate. one is a .22 pistol and one is a .38 revolver... regular type guns he used on pistol range target practice. Thank you for your information.

The executor of the estate can just hand the pistols over to you. Even though you won't need to supply, or prove it, California requires that you have a HSC. Once you receive the handguns, you will need to fill out and send in an Operation of Law or Intrafamilial Handgun Transaction form:

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

sanfranciscoe
04-04-2007, 12:38 PM
Thank you for info concerning inheriting 2 handguns from my father. Can the executor of the estate send these to me thru the mail? How can I have them sent to me? Thanks again for your information.

sanfranciscoe
04-04-2007, 2:38 PM
Also, please let me know what is an "HSC" you are referring to. Thank you very much.

battlehatch
04-04-2007, 2:44 PM
Handgun Safety Certificate. Pretty easy to get, there is a study booklet for it. I think it was a 30 question test that was multiple choice, all pertain to safe handling. I think most gun shops should have the test or at least info regarding.

TKo_Productions
04-04-2007, 3:19 PM
Thank you for info concerning inheriting 2 handguns from my father. Can the executor of the estate send these to me thru the mail? How can I have them sent to me? Thanks again for your information.

Yup, the executor can send them to you through the mail. Different shipping companies have different policies so he should check with whichever one he intends to ship them through (I believe that Fedex requires that handguns be shipped next day delivery with adult signature required, UPS requires that firearms be shipped through a hub and not a local store, etc).

HSC stands for Handgun Safety Certificate. It's CA law that if you purchase, borrow, or in inherit a handgun that you have one. Basically it's a simple exam administered by an FFL that's designed to test your knowledge of the safe handling of handguns.

More information, as well as cost, and a study guide is available on the California DOJs website:

http://ag.ca.gov/firearms/hscinfo.php

HSC FAQ:

http://ag.ca.gov/firearms/hscfaqs.php

-hanko
04-04-2007, 5:16 PM
=TKo_Productions;561437]Yup, the executor can send them to you through the mail.
Shipping pistols through the usps requires the shipper to have an -01 ffl.

Long guns can be shipped by a non-licensee, but that's not the question.;)

Notes on ups are, I think, correct. FedEx is similar. Either's website will have a lot more info.

-hanko

sanfranciscoe
04-05-2007, 9:48 AM
Hello. I'd like to review this to make sure this is correct.
Because I am inheriting the handguns from my father,
the executor can just go to Fed Ex or UPS and send them to me directly, without going thru a FFL.

Concerning the information that once I receive the gun
I need to fill out and send in an Operation of Law or
Intrafamilial Handgun Transaction form

plus I need to have a Handgun Safety Certificate test.

Other question about forms and certificates:

If I am just going to keep the guns and not use them,
do I need to do these forms...?

If I am not going to actually use the guns,
do I need to do a HSC?

and if I have to do these, what is the time frame I have to do them
after receiving guns.

Thank you for your information.

Mssr. Eleganté
04-05-2007, 9:18 PM
Hello. I'd like to review this to make sure this is correct...

You pretty much have it correctly.

The law requires you to have the HSC and send in the Intrafamilial transfer form no matter what you plan to do with the firearms. It doesn't matter if you never plan to use the handguns.

You are supposed to have the HSC before acquiring the handguns.

You have 30 days to send in the Intrafamilial transfer form after you receive the handguns.