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View Full Version : Grandfather Died in Colorado - Left Me Firearms - Help?


SageNaumann
11-28-2012, 12:49 AM
I'll try giving as much detail as I can, and hopefully somebody can give me some direction.

ME: 18 years old, no criminal record, US citizen, California citizen all my life.

MY SITUATION: My grandfather passed away of pancreatic cancer earlier this year. He left me his entire gun collection, which consisted of five rifles and four pistols.

MY DILEMMA: How do I transfer all these firearms into my name? I've seen many threads dealing with transfers, but not many with out-of-state transfers. I will be getting my HSC (Handgun Safety Certificate) as soon as possible, but what else needs to be done?

Can somebody just lead me, step-by-step? What do I need to do to register the rifles and what do I need to do to register the sidearms?

Thanks guys, and hopefully as a budding firearm enthusiast and 2nd amendment supporter, I'll stay an active member of this community.

Gray Peterson
11-28-2012, 12:55 AM
Federally, the guns are yours so you just pick them up.

Statewise, I think you need to fill out something called an OPLAW form:

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf

Someone will be along shortly to correct me if I'm wrong. Just $19 for the whole thing.

Ed_Hazard
11-28-2012, 12:57 AM
Good info here in the wiki

http://wiki.calgunsfoundation.org/Inheriting_firearms,_both_within_California_and_In terstate

SageNaumann
11-28-2012, 12:59 AM
The guns have already been brought back to California, and are currently being held by my uncle, who has his own gun collection.

SageNaumann
11-28-2012, 1:00 AM
Good info here in the wiki

http://wiki.calgunsfoundation.org/Inheriting_firearms,_both_within_California_and_In terstate

So, for the rifles, nothing needs to be done...

...and for the handguns, that form (with $19) needs to be submitted? That's it?

DoubleCab
11-28-2012, 1:33 AM
What type of "rifles"? If AK or AR or anything on the assault weapons list and you will have issues...as in can not bring in unless you are LEO or hold and exempt class lic. Hand guns will need to be shipped to CA FFL(look up the acronyms) and go through the waiting period . Others with more experience can chime in and correct me please.



================================================== =======
From the CA DOJ:
Sales, Loans, or Transfers of Firearms
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section
12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan,
or transfer is completed through a licensed firearms dealer. (Penal Code 12071, 12072, 12082.)
Exceptions
1) The dealer licensing and reporting requirements do not apply to the sale, lease, or
transfer of any firearm in the following instances (Penal Code 12078(u)):
• *Firearms obtained by individuals through operation of law, such as:
- the executor or administrator of an estate;
- a trustee in a bankruptcy proceeding;
- an assignee for creditors;
- a receiver for an estate in receivership;
- a surviving spouse;
- a transfer of property between spouses.
NOTE: Concealable firearms obtained by any of the preceding means must be reported to the
Department of Justice on forms provided by the Department of Justice. (Penal Code 12078(i)(1).)
- a levying officer as defined in sections 481.140, 511.060, or 680.260 of the
* Code of Civil Procedure;
- firearms received by the family of a police officer or deputy sheriff from a local agency pursuant
* to section 50081 of the Government Code;
- the transfer of a firearm by a law enforcement agency to the person who found the firearm
* *where the delivery is to the finder pursuant to Article 1
* (commencing with section 2080) of Chapter 4 of Division 3 of the Civil Code;
• *Firearms obtained through intestate succession or by bequest, sales or transfers
* *between “immediate family” members. Immediate family means parent and child,
* *and grandparent and grandchild. (NOTE: Individuals who receive a concealable
* *firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun
* *in this manner must be reported within 30 days to the Department of Justice on forms
* *provided by the Department of Justice.)
* *(Penal Code 12078(i)(1)(B), 12078(c)(2)(A).)
NOTE: The infrequent sale, lease, or transfer of firearms between individuals - meaning five or
fewer sales per year of any number of handguns or irregular and occasional sales of other firearms
is allowed. However, such sales/transfers must be completed through a dealer licensed pursuant to
Penal Code section 12071.California Firearms Laws 2007 38
2) The dealer licensing and reporting requirements do not apply to the loan of any firearm in the
following instances:
• *Infrequent loans of firearms between persons who are personally known to each other for any *
* lawful purpose, if the loan does not exceed 30 days in duration. (Penal Code 12078(d).)
• *Loans of a firearm for the purpose of shooting at targets on the premises of a target facility
* *if the firearm is kept within the premises of the target facility at all times.*
* *(Penal Code 12078(h).)
• *Loans of an unloaded firearm or a firearm loaded with blanks for use solely as a
* *prop for motion picture, television or other entertainment event. (Penal Code 12078(s).)
• *Loans of a long gun to a licensed hunter for a period of time not to exceed the
* *hunting season for which the firearm is being used. (Penal Code 12078(q).)
• *Loans to minors by a parent, legal guardian, or grandparent:
- Long guns may be loaned for an indefinite period.
- Handguns may be loaned for the purpose of engaging in a lawful activity, and the loan does not
* exceed the period of time necessary to participate in the
* activity.
• *Loans to minors by other than a parent or legal guardian:
- Long guns may be loaned with the express permission of a parent or legal guardian if the*
* loan does not exceed 30 days.
- Handguns may be loaned with the express permission of a parent or legal guardian for not more
* than 10 days. (Penal Code 12078(p).
================================================== ==================

Librarian
11-28-2012, 1:39 AM
So, for the rifles, nothing needs to be done...

...and for the handguns, that form (with $19) needs to be submitted? That's it?

Yes - but the rifle/'assault weapon' question, below, is correct - see further at the wiki -- http://wiki.calgunsfoundation.org/Moving_to_California_with_firearms


What type of "rifles"? If AK or AR or anything on the assault weapons list and you will have issues...as in can not bring in unless you are LEO or hold and exempt class lic. Hand guns will need to be shipped to CA FFL(look up the acronyms) and go through the waiting period .

Others with more experience can chime in and correct me please.
Right - will do; inheritance is the one Federal and CA exception to using an FFL for unlicensed individuals.

SageNaumann
11-28-2012, 9:40 AM
The rifles aren't assault rifles. Just some hunting rifles.

Here are some pictures so you guys can see what I'm talking about.

http://i.imgur.com/PtTDh.jpg

http://i.imgur.com/wKS0z.jpg

Full Clip
11-28-2012, 9:45 AM
Interesting set, including two M1 carbines. Not "just" hunting rifles!
I got my first gun 20 years ago from my grandfather after he passed, his sportered M1917 that he bought from the War Department as surplus in the 1950s for $5. I still hunt with it today.

Librarian
11-28-2012, 11:42 AM
All the guns appear to be fine - but the mags for the M1 Carbines might be a problem.

Even inheriting, can't transfer large-capacity mags. IIRC, standard mag capacity for those is 15 - and CA restricts to 10.

No experience with this seller or this product, but 10-round mags are available - http://www.keepshooting.com/m1-carbine-10-round-magazine.html, for example.

CBruce
11-28-2012, 1:16 PM
Sorry for your loss, but glad you have some mementos for your grandfather. I managed to get one of my grandather's firearms when he passed and his collection was disperssed amongst all of his grandsons. I ended up with an old JC Higgens bolt-action shotgun that was recalled decades ago. It's beat up, un-useable, completely valueless as a collectible, but still one of my most prized possessions.

Good luck with the legal hurdles.

Dragunov
11-28-2012, 7:21 PM
The guns have already been brought back to California, and are currently being held by my uncle, who has his own gun collection.Those guns are your birthright. Take them home, do your homework, leave the no-no guns in the closet and keep your mouth shut about them, take the others, go to the range and have fun. No one has the right to keep them from you. No one.

SageNaumann
11-28-2012, 7:25 PM
Thank you all for your wonderful input. It's great to know there is a community out there that's so helpful with these matters.

And yes, I'm so excited to finally be able to own, take care of, and cherish firearms such as these. It's only fitting that my first firearms are those my grandfather had for many years.

One question though, anybody familiar with the .22 rifle (bottom one, above pistols)? It's a tube-fed pump-action .22 Winchester, and I've never seen one line it. Seems to be old. Anybody familiar?

SageNaumann
11-28-2012, 7:27 PM
Those guns are your birthright. Take them home, do your homework, leave the no-no guns in the closet and keep your mouth shut about them, take the others, go to the range and have fun. No one has the right to keep them from you. No one.

I was never planning on giving up any of these firearms. Any that I couldn't transfer legally would have simply sat in a safe for when excess firepower was needed. Much like any "illegal" clip, it'll simply sit somewhere for when I all-of-a-sudden need more than 10 rounds.

I appreciate your support. Again, great to have such a strong firearm community in a state like California. It's tough to be a 2nd amendment lover in a state like this. Ugh.

Tripeaks69
11-28-2012, 8:24 PM
I was never planning on giving up any of these firearms. Any that I couldn't transfer legally would have simply sat in a safe for when excess firepower was needed. Much like any "illegal" clip, it'll simply sit somewhere for when I all-of-a-sudden need more than 10 rounds.

I appreciate your support. Again, great to have such a strong firearm community in a state like California. It's tough to be a 2nd amendment lover in a state like this. Ugh.

Sorry for your lost. I agree with you to keep those guns in memory of your grandfather. But, for those high cap M1 magazine, disassembly it and keep it as a kit to be legally safe. You can buy legal 10 rounds M1 magazines @ gunshow.

Enjoy your grandfather's guns and stay safe..


Sent from my iPad using Tapatalk HD

Meplat
11-28-2012, 10:18 PM
One question though, anybody familiar with the .22 rifle (bottom one, above pistols)? It's a tube-fed pump-action .22 Winchester, and I've never seen one line it. Seems to be old. Anybody familiar?

That looks like a Mod. 1906 to me. They are quite collectable. Don't let anyone refinish or modify it in any way. Such could greatly degrade its value. A word of caution; the 1906 will probably fire every time you pump it and close the action if you hold the trigger back.

Meplat
11-28-2012, 10:24 PM
Those guns are your birthright. Take them home, do your homework, leave the no-no guns in the closet and keep your mouth shut about them, take the others, go to the range and have fun. No one has the right to keep them from you. No one.

I don't think he has any no-no guns there.;)

Vlad 11
11-28-2012, 10:50 PM
Sorry for your loss. I'm sure your Grandpa would be proud that your taking very good care of his guns and looking to do the right thing. Good luck to you

Dragunov
11-29-2012, 8:16 PM
Thank you all for your wonderful input. It's great to know there is a community out there that's so helpful with these matters.

And yes, I'm so excited to finally be able to own, take care of, and cherish firearms such as these. It's only fitting that my first firearms are those my grandfather had for many years.

One question though, anybody familiar with the .22 rifle (bottom one, above pistols)? It's a tube-fed pump-action .22 Winchester, and I've never seen one line it. Seems to be old. Anybody familiar?It may be a remington. My dad has one almost exactly like it except his has an octagon barrel.

Dragunov
11-29-2012, 8:17 PM
I don't think he has any no-no guns there.;)I think you're right. :)

HowardW56
11-29-2012, 8:46 PM
That looks like a Mod. 1906 to me. They are quite collectable. Don't let anyone refinish or modify it in any way. Such could greatly degrade its value. A word of caution; the 1906 will probably fire every time you pump it and close the action if you hold the trigger back.

:yes: I bet it will, I have a couple old Ithica shotguns that will... :eek:

DoubleCab
01-22-2013, 9:58 AM
Sage,

The .22 at the bottom is more than likely a model 61 or 62 or 62A Winchester. Looks a bit rough. What is it's condition? If you might be interested in selling, PM me please.

safewaysecurity
01-22-2013, 10:26 AM
Is that top one a lever action? Make sure it doesn't hold more than 10 rounds.

furyous68
01-22-2013, 10:51 AM
Is that top one a lever action? Make sure it doesn't hold more than 10 rounds.

I thought tube mags weren't included in the mag ban if attached to the rifle as a fixed magazine (i.e. Shotguns, Lever Action rifles, & tube-fed .22's). Pretty sure he's safe with it.

zonzin
01-22-2013, 11:06 AM
Sorry for your loss. Very cool granddad to will the collection to you.

Are you very familiar with firearms? If not,, get some good training. Some of the NRA courses and a hunter safety course would be highly recommended.

Also,, now that you are a proud firearm owner, consider joining the NRA. You're young, so one of the 300$ lifetime memberships would be a steal.



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