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grommit666
12-03-2013, 7:58 AM
A friend of mine just lost his father who had a few handguns in the house. He's not really gun savvy so I've been trying to help him stay on the right side of the law. But I realized I'm not really up on what he needs to do to make sure the guns are transferred legally to him.

Does he need to file an oplaw form to get them transferred properly? Is there anything else he might have to do? He's working with a lawyer so I'm not his source of legal advice. But I know many lawyers that don't specialize in gun law are less knowledgeable about it than your average calgunner.

Quiet
12-03-2013, 8:36 AM
1. Executor of the estate hands firearms to him.
2. He sends in a completed Report of Operation of Law or Intra-Familial Handgun Transaction (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?) with fee to CA DOJ BOF.
3. Mourn the loss of his father.

Epaphroditus
12-03-2013, 9:03 AM
Don't forget the HSC - spot on the form for the HSC number. $19 check.

HowardW56
12-03-2013, 9:26 AM
1. Executor of the estate hands firearms to him.
2. He sends in a completed Report of Operation of Law or Intra-Familial Handgun Transaction (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?) with fee to CA DOJ BOF.
3. Mourn the loss of his father.


Not necessarily in that order...

1. Mourn the loss of his father.
2. Executor of the estate hands firearms to him.
3. He sends in a completed Report of Operation of Law or Intra-Familial Handgun Transaction (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?) with fee to CA DOJ BOF.

Librarian
12-03-2013, 11:17 AM
If there was a will, that should run smoothly.

If there was no will, there will be probate, and it may run smoothly as well, but it will be some time before the bits of the estate may be distributed.

a old Marine
12-03-2013, 3:38 PM
Sorry for your lost.

but the question i have, would the same form be used for a handgun. From a lost of a Aunt?

Librarian
12-03-2013, 3:47 PM
Sorry for your lost.

but the question i have, would the same form be used for a handgun. From a lost of a Aunt?

Inheritance is an 'operation of law'; it has no necessary family connection. Presuming one is a named person to receive property, or the person designated by probate proceedings, that is the form one would file.

Beginning 2014, must also file that form for inherited long guns.

See the wiki article -- http://wiki.calgunsfoundation.org/Inheriting_firearms,_both_within_California_and_In terstate

a old Marine
12-03-2013, 4:09 PM
Thank you sir

grommit666
12-03-2013, 8:19 PM
Thanks for the good information. It sounds like he needs to get a HSC if he wants to keep the guns. If he decides he doesn't want to, can he sell them legally without first getting a HSC and filing the oplaw form?

Quiet
12-04-2013, 7:42 AM
Thanks for the good information. It sounds like he needs to get a HSC if he wants to keep the guns. If he decides he doesn't want to, can he sell them legally without first getting a HSC and filing the oplaw form?

Legally, he needs a HSC just to receive the handguns.
So, he needs a HSC no matter what he does (keeps or sells) with the firearms.

LittleOldLady
12-04-2013, 8:12 AM
My experience with my Dads Estate:

I called the BATF and the DOJ, and wanted help with this problem(legal issues and what I could expect), I was told by them that if I was able to physically get my Dad's guns and transport them from his house to mine all was good and legal I had to do nothing else.
Reason I am including both the BATF and the DOJ is I cannot remember which was the one that actually had the answer. Both were very helpful. I remember something about filling out a form on one of their websites and they called me.
All is a blur because of my grief and worry about actually getting his collection.
They did tell me if there were machine guns or banned Cali guns in the collection that would be an issue here in our great state.
I explained they were all 'old' guns and I told them exactly what they were by make and model(long guns and handguns). And also there was a couple of relics and a few black powder.
I was very candid and explained my Dad had passed away and left me his collection. I also explained that I would not be financially able to go across country to get them. They suggested an FFL to FFL which I already was considering.

They(BATF, DOJ) explained to me that those needed nothing(the relics and the black powder) and if both the FFL's were willing to have them included that I could have them included in the moving and transport.

So I used a local FFL to a local FFL and I paid the fees signed the paperwork and I was done.

That was all I needed to do since it was a family to family transfer.

I found a great out of state FFL that was willing to pick up the black powder and the relics, along with the long guns and handguns, and ship them to me with the legal transfers of the others. I talked to him several times over the course of the year and a half I was involved in this. Once or twice a month. I probably drove him crazy!
I also drove around, I wanted to get a 'feel' for who was actually going to receive the transfer, and found a small family owned shop that was willing to do the transfer here of all of my Dads collection. I probably drove him crazy too, always calling and checking in even after they arrived. Was always there asking to look, hold and smell them(him) :).

It took a while to actually bring all of them home since I had to wait 30 days between some of them.



*Not an attorney, nor do I endorse my method. It worked for me and I have my Dads guns which mean the world to me.

Librarian
12-04-2013, 1:08 PM
My experience with my Dads Estate:

...

It took a while to actually bring all of them home since I had to wait 30 days between some of them.


You got some bad information in there somewhere, but water under the bridge, the outcome was successful.

For inheritance, no FFL is required.

LittleOldLady
12-04-2013, 3:45 PM
You got some bad information in there somewhere, but water under the bridge, the outcome was successful.

For inheritance, no FFL is required.

Yah, water under the bridge re: 30 day wait between handgun 'purchases' .

I had no way to get them from the unruly relatives other than either spend big $$ driving there or threatening them with the law and sending a third party to pick them up.

I was lucky I only 'lost' one in the transaction.

I was caught between a rock and a hard place. Sorry, I did not make that clear.

David13
12-04-2013, 5:01 PM
If there is no will, there may or may not have to be a probate proceeding in the court.
Those determinations are what attorneys are for. If the attorney does not know about gun law, above and beyond what is mentioned here, he has a duty to work with an attorney who does.
dc

mikestesting
12-11-2013, 3:57 PM
Not necessarily in that order...

1. Mourn the loss of his father.
2. Executor of the estate hands firearms to him.
3. He sends in a completed Report of Operation of Law or Intra-Familial Handgun Transaction (http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?) with fee to CA DOJ BOF.

I lost my father but had a 4th item in my list:

4. Shoot father's firearms and smile at the memory of your old man.