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  #1  
Old 08-24-2010, 5:54 AM
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Default Transfer firearms from a deceased relative

How to transfer a firearms from a deceased relative that died by accident, One of my friend have a brother in law just recently passed away, he left behind my friend's sister and two teen age boys one 10 years old and 13 years old boy, all the guns are California Registered under my brother in laws name but I have always kept all his guns in my gunsafe because of his work, " he travels alot". Please help me how to keep all the guns or transfer under my name, I have talk to my sister and she agreed to give it all to me as long as it is legal.

Many thnx and I would really appreciate all your help on this.
Troy' s friend...KHIM
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  #2  
Old 08-24-2010, 7:12 AM
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The executor of the deceased estate can transfer the firearms via PPT.


Brother and sister do a PPT of all the brother-in-laws' firearms.
DROS + 10 day wait on firearms.
Brother now owns firearms.
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Last edited by Quiet; 08-24-2010 at 7:20 AM..
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  #3  
Old 08-24-2010, 8:30 AM
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So is it YOUR brother in law, or your FRIENDS' brother in law?
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  #4  
Old 08-24-2010, 9:33 AM
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I don't believe you need to do a PPT or involve an FFL at all.
Just file this form: http://www.ag.ca.gov/firearms/forms/pdf/oplaw.pdf with one $19 fee for any number of guns.
But, keep in mind the person receiving the handguns must have a Handgun Safety Certificate and not be prohibited from owning a handgun.
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  #5  
Old 08-24-2010, 11:48 AM
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Quote:
Originally Posted by Flintlock Tom View Post
I don't believe you need to do a PPT or involve an FFL at all.
Just file this form: http://www.ag.ca.gov/firearms/forms/pdf/oplaw.pdf with one $19 fee for any number of guns.
But, keep in mind the person receiving the handguns must have a Handgun Safety Certificate and not be prohibited from owning a handgun.
Negative.

Form is only for transfers between grandparent - parent - child - grandchild.

Since, none of the parties involved qualify, a CA FFL dealer must be used.
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  #6  
Old 08-24-2010, 12:45 PM
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Quote:
Originally Posted by Quiet View Post
Negative.

Form is only for transfers between grandparent - parent - child - grandchild.

Since, none of the parties involved qualify, a CA FFL dealer must be used.
Not sure your correct on that one. From what I have been told since its an inheritance/probate issue its exempt from an FFL.

In any case I asked the same questions and copied the link here so the OP can check out those reply's.

http://www.calguns.net/calgunforum/s...d.php?t=301165
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  #7  
Old 08-24-2010, 1:50 PM
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Quote:
Originally Posted by Jbox View Post
Not sure your correct on that one. From what I have been told since its an inheritance/probate issue its exempt from an FFL.

In any case I asked the same questions and copied the link here so the OP can check out those reply's.

http://www.calguns.net/calgunforum/s...d.php?t=301165
CA Penal Code 12078
(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report 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 report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
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  #8  
Old 08-24-2010, 2:15 PM
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Quote:
Originally Posted by Quiet View Post
CA Penal Code 12078
(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report 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 report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
Yup that's the first part of it but there is a whole lot more.

For example:

Sales, Loans, or Transfers of Firearms
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section
12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan,
or transfer is completed through a licensed firearms dealer. (Penal Code 12071, 12072, 12082.)
Exceptions
1) The dealer licensing and reporting requirements do not apply to the sale, lease, or
transfer of any firearm in the following instances (Penal Code 12078(u)):
Firearms obtained by individuals through operation of law, such as:
- the executor or administrator of an estate;
- a trustee in a bankruptcy proceeding;
- an assignee for creditors;
- a receiver for an estate in receivership;
- a surviving spouse;
- a transfer of property between spouses.
NOTE: Concealable firearms obtained by any of the preceding means must be reported to the
Department of Justice on forms provided by the Department of Justice. (Penal Code 12078(i)(1).)

I'm not going to go back and forth all day with this. I just did this 2 months ago and everything worked out fine for me. That's not to say it will work out for the OP as everyone's situation is different and I definitely don't want to give out any legal advice. I'm just directing the OP to a thread I started about the same subject and letting him know how I handled it.
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  #9  
Old 08-24-2010, 10:30 PM
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Quote:
Originally Posted by Jbox View Post
I'm not going to go back and forth all day with this. I just did this 2 months ago and everything worked out fine for me. That's not to say it will work out for the OP as everyone's situation is different and I definitely don't want to give out any legal advice. I'm just directing the OP to a thread I started about the same subject and letting him know how I handled it.
Your situation was different from his.

The firearms legally transfered to the sister upon death of brother-in-law.
Now it's a transfer from the sister to the brother.
PPT via FFL dealer is required for sibling to sibling firearm transfers.
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