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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 03-24-2013, 10:27 AM
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Default Bolt Action Rifle Handed Down By Stepfather

Hi Guys,

I Had a quick question, I really hope this is the right place to post this topic.

My Friend recently had his mother pass away, his mother was married to a gun collector. After her passing she left the house to my friend, and her husband (My Friends Stepfather) moved out to a vacation house they own down in South America. My friend was cleaning out the garage and came across a soft rifle case. After opening the case he realized that he had a bolt action rifle sitting in his garage. He called his stepfather and told him what he had found. His stepfather told him to keep it. My Friend called me and asked if this was legal. I wasn't sure how the laws work with stepfathers. I was hoping you guys can shed some light on this subject.

Thanks for your time guys!
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Old 03-24-2013, 12:30 PM
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cr1ms0njyhad cr1ms0njyhad is offline
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Legally, the step father has to be the adoptive father to do an oplaw for a registered weapon. That only affects handguns until Jan 1 2014. So at this instant in time, the long gun is a gift-able item. Starting next year you'll have to go through all the headaches you do with a handgun.

Short answer: stepfather gave rifle to stepson as gift, no registration needed right now.
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Old 03-24-2013, 1:55 PM
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Quote:
Originally Posted by cr1ms0njyhad View Post
Legally, the step father has to be the adoptive father to do an oplaw for a registered weapon. That only affects handguns until Jan 1 2014. So at this instant in time, the long gun is a gift-able item. Starting next year you'll have to go through all the headaches you do with a handgun.

Short answer: stepfather gave rifle to stepson as gift, no registration needed right now.
Thank you for the info. Short, Sweet, and very helpful.
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Old 03-24-2013, 3:29 PM
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Quote:
Originally Posted by cr1ms0njyhad View Post
Legally, the step father has to be the adoptive father to do an oplaw for a registered weapon. That only affects handguns until Jan 1 2014. So at this instant in time, the long gun is a gift-able item. Starting next year you'll have to go through all the headaches you do with a handgun.

Short answer: stepfather gave rifle to stepson as gift, no registration needed right now.
So far as anyone has been able to determine (and has posted here), 'step father' is not the same as 'father' for intrafamilial transfer. Unless the gun is 50 years old or older, should do a PPT - which is darn hard to do from South America.

Your friend should drop by a lawyer and discuss the problem.
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- most questions that start 'Is it legal ...' go there.

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Old 03-24-2013, 8:26 PM
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How old is the rifle? If it's over 50 years old, it's C&R and giftable regardless of familial connection.
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