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Old 12-06-2017, 7:02 PM
SarcoBlaster SarcoBlaster is offline
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Default Death out of state. Bringing guns back in?

Posting for my friend whose biological dad passed away in Arizona. Barring any issues getting the firearms into his possession in AZ, what’s he looking at to get them back into CA? They’re all long guns that have been owned since the 80’s or before; no detachable magazine rifles or pistols of any kind.

Any help would be greatly appreciated and I will forward the info to him.

Thanks in advance!
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Old 12-06-2017, 8:23 PM
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Quiet Quiet is online now
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Quote:
Originally Posted by SarcoBlaster View Post
Posting for my friend whose biological dad passed away in Arizona. Barring any issues getting the firearms into his possession in AZ, what’s he looking at to get them back into CA? They’re all long guns that have been owned since the 80’s or before; no detachable magazine rifles or pistols of any kind.

Any help would be greatly appreciated and I will forward the info to him.

Thanks in advance!

Under Federal and CA laws... [18 USC 922(a)(3)&(5) and PC 27585(b)(6) & 27875(b)]
1. He needs to be a non-prohibited person age 18 or older.
2. He needs to have a valid FSC or exemption to the FSC.
3. He can legally travel to AZ and physically acquire the firearms.
4. He can then legally bring the firearms back to CA.
5. Within 30 days of taking possession of the firearms, he must report all the firearms to CA DOJ BOF. He can comply with the reporting requirement by submitting a completed Report of Operation of Law or Intra-Familial Firearm Transaction to CA DOJ BOF.

Firearms need to be CA legal (no assault weapons, DD, MG, NS, SBR, SBS) and can not include any large capacity magazines.




Penal Code 27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(b) Subdivision (a) does not apply to or affect any of the following:
(6) A person who complies with subdivision (b) of Section 27875.

Penal Code 27875
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
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Last edited by Quiet; 12-06-2017 at 8:32 PM.. Reason: me no do words good
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Old 12-06-2017, 8:28 PM
SarcoBlaster SarcoBlaster is offline
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Thank you, sir. I’ve forwarded the information contained in your post to my friend.
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"Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back." - Heraclitus
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Old 12-06-2017, 11:13 PM
dsmoot dsmoot is offline
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Note the part that they have to be by bequest or intestate succession. I believe that means that they had to be willed to him or that the probate courts have awarded him the guns. If his mother is still alive, and there was no will saying that the dads guns go to the son, then they automatically go to her, and it would then be an interstate GIFT. For gifts they have to be shipped to an FFL in the state where the recipient lives.
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Old 12-07-2017, 12:01 AM
Chewy65 Chewy65 is online now
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Whether you take by will or intestate succession will depend on the law of the state with jurisdiction, which is likely AZ. Do not confuse either with a trust. Someone needs to speak with am AZ probate attorney.
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