Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > How CA Laws Apply to/Affect Me
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 09-20-2021, 5:00 PM
BB-AR's Avatar
BB-AR BB-AR is offline
Member
 
Join Date: Jan 2017
Location: Riverside county
Posts: 106
iTrader: 0 / 0%
Default Inheriting an out of state relatives firearms?

My friends grandfather recently passed and he asked me about how his mother could get his grandfather shotguns from Texas to here in CA. I’m just making sure the info I’m giving him is correct. Don’t want him or his mom ending up in the pokey.

His mom and her sister are co trustees of the estate and they are splitting things up the aunt does not want the firearms so their isn’t any quarrel there.

So can they/she go to Texas and get them bring them back and oplaw forum them to let ca know who the new owner is? Would my friend need to re oplaw from mother to take possession or can he be the owner on original one? The firearms were not specifically given to anyone in the will.

Both shotguns are pump 18+ Barrels

Let me know if I’m way off or links to applicable info.
__________________

Last edited by BB-AR; 09-20-2021 at 5:45 PM..
Reply With Quote
  #2  
Old 09-20-2021, 5:17 PM
DudeFromTheWest's Avatar
DudeFromTheWest DudeFromTheWest is offline
Member
 
Join Date: Apr 2018
Location: Bay Area
Posts: 114
iTrader: 2 / 100%
Default

In gun speak, when a person dies, said persons spouse can take "temporary possession" of the guns (yes, this includes things like NFA items even).

It still must go through a FFL. Like they are buying a gun from a stranger.
This is not a California law, this is a federal law. If his grandmother was a CA resident then they could just do the inter-familial process, but that is not the case here, and a FFL must still be used since its an out of state transfer. Also since they are pump shotguns, they would be exempt from the shotgun AW laws.

Link where this has been talked about once before:
https://www.calguns.net/calgunforum/....php?t=1528249

Last edited by DudeFromTheWest; 09-20-2021 at 5:22 PM..
Reply With Quote
  #3  
Old 09-20-2021, 5:49 PM
BB-AR's Avatar
BB-AR BB-AR is offline
Member
 
Join Date: Jan 2017
Location: Riverside county
Posts: 106
iTrader: 0 / 0%
Default

The grandfather was the last one to pass so that’s why I thought the daughters would be the rightful owners of the firearms as they own/control the estate. Does my friends mom take the firearms to a tex ffl to transfer them to herself in ca?
__________________
Reply With Quote
  #4  
Old 09-20-2021, 5:58 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 20,328
iTrader: 204 / 100%
Default

Quote:
Originally Posted by DudeFromTheWest View Post
In gun speak, when a person dies, said persons spouse can take "temporary possession" of the guns (yes, this includes things like NFA items even).

It still must go through a FFL. Like they are buying a gun from a stranger.
This is not a California law, this is a federal law.
This is incorrect. The thread you referenced involved living people. After someone dies, the law is different. There is no FFL required by federal law if the firearms were bequeathed, assigned by probate or intestate succession, even if the guns are going across state lines to residents of another state.

There is also no FFL required in free states when people are alive and transferring guns between residents of the same state. Even strangers can exchange guns with no FFL, so how does being dead affect the surviving spouse??
__________________
.

Reply With Quote
  #5  
Old 09-20-2021, 6:01 PM
BB-AR's Avatar
BB-AR BB-AR is offline
Member
 
Join Date: Jan 2017
Location: Riverside county
Posts: 106
iTrader: 0 / 0%
Default

So I was correct in my first post she can just bring them here and oplaw them and GTG?
__________________
Reply With Quote
  #6  
Old 09-20-2021, 6:02 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 20,328
iTrader: 204 / 100%
Default

Quote:
Originally Posted by BB-AR View Post
My friends grandfather recently passed and he asked me about how his mother could get his grandfather shotguns from Texas to here in CA. I’m just making sure the info I’m giving him is correct. Don’t want him or his mom ending up in the pokey.

His mom and her sister are co trustees of the estate and they are splitting things up the aunt does not want the firearms so their isn’t any quarrel there.

So can they/she go to Texas and get them bring them back and oplaw forum them to let ca know who the new owner is? Would my friend need to re oplaw from mother to take possession or can he be the owner on original one? The firearms were not specifically given to anyone in the will.

If the father left the guns to the daughters by bequest, or they obtain them through intestate succession, yes they can go get the guns and bring them back, or have them shipped here directly to their door.

Since you mention 'co-trustees' I assume there was a trust? Or did you really mean 'co-executors' of his will? It might not matter to this situation, but it is an important difference and could change the answer.

Anyhow they need to file the oplaw/intrafamily form.

If the grandfather left a gun or guns to the grandson by bequest, then the grandson can file the oplaw/intrafamily form. Otherwise his mother can give him a gun and still he can file intrafamily form.
__________________
.


Last edited by SkyHawk; 09-20-2021 at 6:12 PM..
Reply With Quote
  #7  
Old 09-20-2021, 6:35 PM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 42,086
iTrader: 4 / 100%
Default

^^^^^ Right.

CA has this legal definition for 'immediate family' - parent/child, grandparent/grandchild - and for that group no FFL is required by CA for inheritance.

Feds don't care about any kind of relationship; FedLaw allows no-FFL transfer for any kind of inheritance.
__________________
When a Long Train of Abuses and Usurpations, Pursuing Invariably the Same Object, Evinces a Design to Reduce Them [I.E. the People] Under Absolute Despotism, It Is Their Right, It Is Their Duty, to Throw off Such Government, and to Provide New Guards for Their Future Security.
Declaration of Independence, July 4th, 1776
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Consider Samizdat; consider some reading material, such as this and that.

Not a lawyer, just Some Guy On The Interwebs.



Reply With Quote
  #8  
Old 09-20-2021, 6:46 PM
M1NM's Avatar
M1NM M1NM is offline
Calguns Addict
 
Join Date: Oct 2011
Location: West Covina
Posts: 7,029
iTrader: 54 / 100%
Default

If I remember the executor can ship the gun directly to the heir without FFL involvement.
In CA the oplaw form needs to be filled out. As executor COULD the mother give the gun directly to the son to avoid one oplaw fee (and possibly mom having to get a FSC?)
Reply With Quote
  #9  
Old 09-20-2021, 9:02 PM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 42,086
iTrader: 4 / 100%
Default

Quote:
Originally Posted by M1NM View Post
If I remember the executor can ship the gun directly to the heir without FFL involvement.
In CA the oplaw form needs to be filled out. As executor COULD the mother give the gun directly to the son to avoid one oplaw fee (and possibly mom having to get a FSC?)
Executor (apparently in TX) could indeed give the gun to the grandchild beneficiary of the grandfather's estate - but its always the receiver who files the OPLAW, so that won't save any processing.

Cheaper to get all the guns and file one OPLAW form, one $19 fee per form.
__________________
When a Long Train of Abuses and Usurpations, Pursuing Invariably the Same Object, Evinces a Design to Reduce Them [I.E. the People] Under Absolute Despotism, It Is Their Right, It Is Their Duty, to Throw off Such Government, and to Provide New Guards for Their Future Security.
Declaration of Independence, July 4th, 1776
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Consider Samizdat; consider some reading material, such as this and that.

Not a lawyer, just Some Guy On The Interwebs.



Reply With Quote
  #10  
Old 09-20-2021, 9:57 PM
BB-AR's Avatar
BB-AR BB-AR is offline
Member
 
Join Date: Jan 2017
Location: Riverside county
Posts: 106
iTrader: 0 / 0%
Default

Thanks for the clarification. I’ll pass along the need info to my friend
__________________
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 10:18 AM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2021, vBulletin Solutions Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy

Tactical Pants Tactical Boots Military Boots 5.11 Tactical