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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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  #1  
Old 08-22-2009, 6:17 AM
SteveH SteveH is offline
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Default Can you inherit a handgun across state lines?

Can a California resident inherit a handgun from a parent if the parent lives outside california?

Does the transfer have to go through a California FFL & DROS or can you just fill out the interfamily transfer paperwork?
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Old 08-22-2009, 6:23 AM
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Yes, you can. It will have to go through an FFL. However, it is exempt from having to be on the roster.
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  #3  
Old 08-22-2009, 6:56 AM
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There is a difference between an Intrafamilial transfer and inheriting a firearm. Figure out which one it is.
An intrafamilial transfer must be up or down only in the family line. ie, father to son, son to father, grandparent to son, etc...
An inheritance can be brother to brother. The intrafamilial transfer form will not allow brother to brother.
Figure out if this is an iheritance or a gift.
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Old 08-22-2009, 7:34 AM
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Parent outside california to child inside california.

Would it be easier to give it as a gift in old age, or give it as an inheritance after death. Or is the process the same?
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Old 08-22-2009, 8:14 AM
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Quote:
Originally Posted by SteveH View Post
Parent outside california to child inside california.

Would it be easier to give it as a gift in old age, or give it as an inheritance after death. Or is the process the same?
Depends what you mean by 'easier'.

CA allows father-son transfer to skip the FFL and use the form.

Feds require FFL for interstate.

So, an interstate intrafamilial gift still needs the FFL.

OTOH, Feds exempt inheritance from the FFL, so just the CA form would be needed then. $19 vs whatever the FFL wants. But you have a longer wait, I hope.
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Old 08-22-2009, 11:51 AM
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I will assume the guns/estate are in a 'free state' where there are no restrictions on personal firearm transfers beyond non-Felons.

For the Fed law:

- There is no 'intrafamily' Federal exemption. If Gramps is alive, use of an FFL is required.

But an exemption to use of FFL exists in 18 USC 922(a)(3) - where firearms transfers via bequest or intestate succession (i.e, gramps really IS dead and the estate left it to you in probate - and probably not that it was sitting in granny's attic and 5 years later, "Big Al woulda wanted you to have it" situation).

For the CA law:

- CA law allows FFL-free lineal transfers - but 'estate' implies the person transferring is dead. However, they also allow FFL-free transfers for inheritance/operation of law, etc. So you're still covered.

No further action is needed for long guns, but a report of ownership of handguns to DOJ is required ("Operation of Law" form w/$19 fee - per gun?? forgot) within 30 days of receipt of gun.

Also: Rostering does not apply to situations where there's an exemption to FFL use in 12078PC.

So you could go pick up the gun(s) in the other state - as long as you're not a prohibited person - and bring 'em back to CA. [This may well not apply if the other state is a restrcitive state like NJ or MA or MD, etc where you maybe can't take possession in that state. In that case, the executor needs to get the gun out of the state legally - which may or may not require an FFL.

You could also have the guns shipped directly to you - but that may be difficult. You're required to declare firearms in shipments (I think - certainly to USPS, but USPS doesn't ship handguns from non-FFLS). If the shipment gets misdirected/misdelivered you might have some drama in your life.

I just went thru this with Calgunner Parag's estate, and I decided to run the handgun thru my local FFL because it wasn't worth the grief - shipping from Colorado was easier for the estate executor.

There seems to be a new crop of cluck clerks at DOJ BoF registration. I can see the Op Law form being questioned on this (in relation to Rostering or inheritance) so be prepared for a cycle if they at first don't accept your Op Law registration for handguns.
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Last edited by bwiese; 08-22-2009 at 12:00 PM..
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  #7  
Old 08-22-2009, 7:12 PM
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Forgive folks, but my lady has a ?
Short intro. I'm sitting in Az. reading this.
HER right here. Is there a problem with girl's
And inheritance. All she see's is SON. are they
to be unarmed and stupid there.?
This is no joke!! realy. she want's an answer.
Thank you
Oron
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  #8  
Old 08-22-2009, 7:18 PM
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nope, doesn't matter. Federal law doesn't care who receives the inheritance. Doesn't have to be a family member.

CA law has the intrafamily transfer exemption, which is listed as grandparent, parent, child, grandchild. No gender listed.
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  #9  
Old 08-22-2009, 7:18 PM
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Quote:
Originally Posted by oron View Post
Forgive folks, but my lady has a ?
Short intro. I'm sitting in Az. reading this.
HER right here. Is there a problem with girl's
And inheritance. All she see's is SON. are they
to be unarmed and stupid there.?
This is no joke!! realy. she want's an answer.
Thank you
Oron
We just fall into the habit of saying "father to son" since 99% of the members here are guys. But the actual law is the same for girls too. The exemption to FFL transfers in California law applies to transfers between grandparents, parents and children of any gender.
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  #10  
Old 08-22-2009, 7:47 PM
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Thumbs up She is happy

THANK YOU!!!
Did not want to be only one here for her to " VENT "
Hang in there All. Hope one day you all " can feel the freedom."
Oron.

Last edited by oron; 08-23-2009 at 6:57 PM..
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  #11  
Old 08-22-2009, 8:44 PM
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Originally Posted by oron View Post
THANK YOU!!!
Did not want to be only one here for her to " VENT "
Hang in there All. Hope one day you all " can feel the freedom.
Oron.
You married a girl? Thought they wanted to be called Women or Ladies...
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Old 08-23-2009, 5:46 AM
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I forgot, sorry.
.1 GODDESS.
.2 QUEEN.
.3 Love or my life. And always, Backup cover during tactical reload.
She has some ideals of her own. And she loves ME.
Does this count? as adult supervision.

Last edited by oron; 08-24-2009 at 6:06 AM..
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  #13  
Old 08-23-2009, 7:37 AM
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Quote:
Originally Posted by oron View Post
Forgive folks, but my lady has a ?
Short intro. I'm sitting in Az. reading this.
HER right here. Is there a problem with girl's
And inheritance. All she see's is SON. are they
to be unarmed and stupid there.?
This is no joke!! realy. she want's an answer.
Thank you
Oron
Thats because women should not own firearms
They are to stay barefoot and pregnate.
Oh, and shut the hell up unless spoken to.....

















wait for it...















ready.............










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  #14  
Old 08-23-2009, 8:08 AM
oron
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Hawk1
Have to wait till she stops laughing.ROFL
She'll be going back to Ceder Hospital after Break.
Had to come home to R&R. In the " real World "

Happy Sun. Hawk1. Here it is.

" and shut the hell up unless spoken to."

She asked. What sex is.
.1 F-stein
.2 Boxer
.3 polosi
?
Cute and cuddley boys, cute and cuddley.

Last edited by oron; 08-24-2009 at 4:18 PM..
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  #15  
Old 08-23-2009, 12:25 PM
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OK. After reading so much on this subject it seems that this should be able to be done, legally. But I have yet to read about an FFL that is willing to do it. Does anybody know of an FFL that will do the transfer, especially in Southern Ca.
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Old 08-23-2009, 12:33 PM
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I believe FFL's are bound by law to provide transfer services.
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  #17  
Old 08-23-2009, 1:51 PM
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Originally Posted by Butthead View Post
OK. After reading so much on this subject it seems that this should be able to be done, legally. But I have yet to read about an FFL that is willing to do it. Does anybody know of an FFL that will do the transfer, especially in Southern Ca.
BrightSpot Pawn in Riverside. Call and talk to Chris, Dan, Bob, or Mark. Any of them will explain the process to you and their fees for the transfer.
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Old 08-23-2009, 1:54 PM
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Quote:
Originally Posted by oron View Post
Hawk1
Have to wait till she stops laughing.ROFL
She'll be going back to Ceder Hospital after Break.
Had to come home to R&R. In the " real World "
Happy Sun. Here it is.
Hawk. " and shut the hell up unless spoken to."
She asked. What sex is.
.1 F-stein
.2 Boxer
.3 polosi

?
Love them Flightless birds.
Yeah, I know, they won't shut the hell up either...
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  #19  
Old 08-23-2009, 2:32 PM
oron
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Default Silence

Brother: as somtimes with mine.
She's out riding horses, now.
And i checked for bugs

Last edited by oron; 08-24-2009 at 4:19 PM..
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  #20  
Old 08-23-2009, 3:17 PM
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Quote:
Originally Posted by locosway View Post
I believe FFL's are bound by law to provide transfer services.
FFLs are required to do PPT transfers (if they don't sell handguns, they don't have to do handgun PPTs), but aren't required to provide any other transfer services. A PPT is defined as a transfer between two non-licensed CA-residents who both go to the dealer. A shipped in firearm is not a PPT.
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Last edited by ke6guj; 08-23-2009 at 3:21 PM..
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  #21  
Old 08-23-2009, 4:43 PM
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Quote:
Originally Posted by hawk1 View Post
BrightSpot Pawn in Riverside. Call and talk to Chris, Dan, Bob, or Mark. Any of them will explain the process to you and their fees for the transfer.
I have transferred several guns from there and am very happy with their services. Have you actually done an intrafamilial transfer from out of state their? This would be awesome as they are only a mile or two from my office.
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  #22  
Old 08-23-2009, 10:20 PM
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Thanks. Needed this info. to.

Quote:
Originally Posted by bwiese View Post
I will assume the guns/estate are in a 'free state' where there are no restrictions on personal firearm transfers beyond non-Felons.

For the Fed law:

- There is no 'intrafamily' Federal exemption. If Gramps is alive, use of an FFL is required.

But an exemption to use of FFL exists in 18 USC 922(a)(3) - where firearms transfers via bequest or intestate succession (i.e, gramps really IS dead and the estate left it to you in probate - and probably not that it was sitting in granny's attic and 5 years later, "Big Al woulda wanted you to have it" situation).

For the CA law:

- CA law allows FFL-free lineal transfers - but 'estate' implies the person transferring is dead. However, they also allow FFL-free transfers for inheritance/operation of law, etc. So you're still covered.

No further action is needed for long guns, but a report of ownership of handguns to DOJ is required ("Operation of Law" form w/$19 fee - per gun?? forgot) within 30 days of receipt of gun.

Also: Rostering does not apply to situations where there's an exemption to FFL use in 12078PC.

So you could go pick up the gun(s) in the other state - as long as you're not a prohibited person - and bring 'em back to CA. [This may well not apply if the other state is a restrcitive state like NJ or MA or MD, etc where you maybe can't take possession in that state. In that case, the executor needs to get the gun out of the state legally - which may or may not require an FFL.

You could also have the guns shipped directly to you - but that may be difficult. You're required to declare firearms in shipments (I think - certainly to USPS, but USPS doesn't ship handguns from non-FFLS). If the shipment gets misdirected/misdelivered you might have some drama in your life.

I just went thru this with Calgunner Parag's estate, and I decided to run the handgun thru my local FFL because it wasn't worth the grief - shipping from Colorado was easier for the estate executor.

There seems to be a new crop of cluck clerks at DOJ BoF registration. I can see the Op Law form being questioned on this (in relation to Rostering or inheritance) so be prepared for a cycle if they at first don't accept your Op Law registration for handguns.
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