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  #1  
Old 09-23-2020, 7:57 PM
AntiSoCal AntiSoCal is offline
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Default Inheritance from my brother in AZ

My Brother is hospitalized in AZ, and unfortunately not likely to pull through. If he passes, I'll go there to clean out his stuff. He has a couple guns - likely off-roster. How do I get them to CA and get them registered and sold? I suppose I could sell them, in AZ, but may not have time. But not even sure it's legal for a CA resident to sell an AZ gun in AZ. Thanks.
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  #2  
Old 09-23-2020, 9:03 PM
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Sorry to hear about your brother.

For no-FFL transfer, CA requires inheritance to be among immediate family.

PC 27875
Quote:
27875.

(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:

(1) The transfer is infrequent, as defined in Section 16730.

(2) The transfer is between members of the same immediate family.
and
Quote:
16720.

As used in this part, “immediate family member” means either of the following relationships:

(a) Parent and child.

(b) Grandparent and grandchild.
According to CA Penal Code, your brother is not immediate family.

So, anything off-Roster cannot be brought into CA and transferred from your brother to you through the required CA FFL.
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  #3  
Old 09-23-2020, 10:26 PM
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Thanks Librarian.
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  #4  
Old 09-24-2020, 5:31 AM
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Sell them in AZ. Californians (and former Californians) just don't understand what real freedom is.

An example is yesterday I made my first free state purchase in the parking lot of a grocery store. Guy brought the gun, I brought cash and after a couple minutes of inspection we exchanged goods and drove off. My wife asked "so did he take a picture if your driver's license? Or your carry permit? Or sign a bill of sale?" Nope. No laws requiring such things. I would have if asked, but he didn't ask.

List your guns on the local gun site and they will sell.
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Old 09-24-2020, 6:54 AM
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Move to AZ
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  #6  
Old 09-24-2020, 7:07 AM
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You can sell them in AZ through an FFL there. Since you are a resident of CA in order to comply with a 50+ year old federal law it must pass through an FFL there.
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Old 09-24-2020, 7:48 AM
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This guy can help

https://www.calguns.net/calgunforum/member.php?u=9807
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  #8  
Old 10-15-2020, 10:51 AM
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Isn't there a Federal exemption from having to use a FFL if firearms are left to some one in a will, AKA Bequest?

If so would the roster apply?
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Old 10-15-2020, 12:18 PM
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Quote:
Originally Posted by brianm767 View Post
Isn't there a Federal exemption from having to use a FFL if firearms are left to some one in a will, AKA Bequest?

If so would the roster apply?
There is a federal exemption. However the STATE exemption for FFL-less transfer only applies if the inheritance is coming from direct family, which excludes siblings.

Therefore according to STATE law, any firearm inheritance that is not from direct family is to be handled the same as if it were a purchase from anywhere and anyone, just like buying from a stranger on Gunbroker. And that means the roster applies unless the executor is CA resident and the two parties can meet for PPT at a single FFL.
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Old 10-15-2020, 12:36 PM
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Quote:
Originally Posted by SkyHawk View Post
There is a federal exemption. However the STATE exemption for FFL-less transfer only applies if the inheritance is coming from direct family, which excludes siblings.

Therefore according to STATE law, any firearm inheritance that is not from direct family is to be handled the same as if it were a purchase from anywhere and anyone, just like buying from a stranger on Gunbroker. And that means the roster applies unless the executor is CA resident and the two parties can meet for PPT at a single FFL.
Good to know, I didn't know the state restriction of being immediate family member only, so parent, child and grandparent.
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  #11  
Old 10-15-2020, 12:39 PM
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  #12  
Old 10-17-2020, 8:35 PM
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The way I understand it, you’re spouse, direct children, grandchildren are good to go. Anyone else needs to deal with all the state drama. I had to change my trust as a result of finding this out, no more brother for guns.... Will/trust my guns to my favorite grandchild, my 6 year old first grader….

I own a second home in Arizona and keep many of my guns there.. Its so nice to just pull off the road in BLM and start shooting...

Last edited by Mark49; 10-17-2020 at 8:39 PM..
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  #13  
Old 10-19-2020, 7:55 PM
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Quote:
Originally Posted by SkyHawk View Post
There is a federal exemption. However the STATE exemption for FFL-less transfer only applies if the inheritance is coming from direct family, which excludes siblings.

Therefore according to STATE law, any firearm inheritance that is not from direct family is to be handled the same as if it were a purchase from anywhere and anyone, just like buying from a stranger on Gunbroker. And that means the roster applies unless the executor is CA resident and the two parties can meet for PPT at a single FFL.
Ok, that brings up a question.

Party X passes in AZ. They name Party B as executor of estate. Party B is a CA resident. In the will Party X names Party Y as the one to receive all firearms in estate. Party Y is also a resident of CA.

Can Party B go to AZ and bring the firearms back to CA to transfer the firearms to Party Y? Would there be any prohibition against any off roster handguns?

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Old 10-19-2020, 7:56 PM
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Quote:
Originally Posted by AntiSoCal View Post
My Brother is hospitalized in AZ, and unfortunately not likely to pull through. If he passes, I'll go there to clean out his stuff. He has a couple guns - likely off-roster. How do I get them to CA and get them registered and sold? I suppose I could sell them, in AZ, but may not have time. But not even sure it's legal for a CA resident to sell an AZ gun in AZ. Thanks.
Sorry for your lost.

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Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

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  #15  
Old 10-19-2020, 7:58 PM
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sorry about your brother

try to keep one firearm if you can
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  #16  
Old 10-19-2020, 8:29 PM
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The executioner should be able to sell in AZ even if they are a Ca resident...
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  #17  
Old 10-19-2020, 8:40 PM
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Quote:
Originally Posted by tozan View Post
The executioner should be able to sell in AZ even if they are a Ca resident...
Yes, using a FFL of course because it is illegal to transfer guns between residents of different states without a FFL involved, even if you are an executor
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