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 08-18-2016, 7:00 PM
tdouhan87 tdouhan87 is offline
Junior Member
 
Join Date: Aug 2016
Posts: 1
iTrader: 0 / 0%
Default Intra family transfer

Hi all,
My question is a bit complicated so I'll try to sum it up in a nut shell.

This year for Father's day, me, my sister, and dads wife all chipped in and built him an AR-15. Which he loved.

Unfortunately he passed away a few weeks later. My dad's wife purchased the upper reciever and my sister and I put together the lower. The plan was I'd buy the lower and we would just do the intra family transfer to complete the transfer.

Well my father never sent off the paperwork before he passed so the gun was never transfered. The relationship is very strained with my dad's wife and my sister and I.

My concern is that there is a rifle registered to me isn't my dad's wife's possession. Can she transfer the rifle after his death to gain Possession? Can she transfer the rifle into her name even though she is a step parent?

Sent from my SM-G935V using Tapatalk

Last edited by Librarian; 08-18-2016 at 7:04 PM..
Reply With Quote
  #2  
Old 08-18-2016, 10:26 PM
dvs762's Avatar
dvs762 dvs762 is offline
Senior Member
 
Join Date: Mar 2007
Location: San Jose,Ca
Posts: 1,178
iTrader: 5 / 100%
Default

if its in your name its your rifle..if she wants the upper let her have it..Id go take the lower back..
__________________
07 FFL Farwest Photography
408 217 9148
Reply With Quote
  #3  
Old 08-19-2016, 10:22 AM
JohnFLand JohnFLand is offline
Senior Member
 
Join Date: Jun 2010
Location: Encinitas, CA
Posts: 673
iTrader: 27 / 100%
Default

I'm a bit unclear on who currently has possession of the entire rifle, upper (purchased by dad's wife) and lower (purchased by the OP) [the 3rd to the last sentence, beginning with "My concern...", is a bit garbled].

However, it sounds like the entire rifle was gifted to dad (the serial marked lower of course being the key component). In particular, the lower was gifted by son, and thus an intrafamilial transfer under California law. I don't believe that dad's lack of notification paper work to the state is an issue for son -- the obligation to notify is on the transferee.

After dad passes, wife takes ownership of all of the community property assets by operation of law. If the rifle/lower is instead considered to be dad's separate property and not disposed of by a Will or the like, I *think* it also likely goes to the wife by operation of law (but admittedly, I'm now fully out of my depth on gifts, wills, and trusts law).

In any case, son's prior ownership and registration should not be a problem for him. And I think wife is the new owner by operation of law and should file an OpLaw notification; she'll also need a FSC, I believe.
Reply With Quote
  #4  
Old 08-19-2016, 11:07 AM
Dvrjon Dvrjon is offline
Veteran Member
 
Join Date: Nov 2012
Posts: 3,755
iTrader: 0 / 0%
Default

I'm sorry for your loss; losing a Father is difficult, to say the least.

The rifle was given to your Dad. It was his regardless of paperwork filings. The Feds look to possession, not paper, and it would seem the gun has been out of your possession for sometime. It's not yours. Unless there is a will with a direct bequest, the gun is an asset of the estate and will be dealt with under probate rules.

For your part, to clear your issue of the lower being attached to you, file this form: http://oag.ca.gov/sites/all/files/ag...46NLIP0209.pdf.

Mark the fourth box in "D", and enter the info. Leave the subordinate boxes blank. Since the instructions indicate a need to attach the transfer document, I would attach a statement that the individual receiving the gun passed away and you have no information on the forms he was to have filed. Keep a copy for your records. Your purchase will remain in the AFIS records, but they will also reflect you relinquished the gun to someone else.

Don't louse up personal relationships over a bunch of modern day gun parts.

Last edited by Dvrjon; 08-19-2016 at 11:27 AM..
Reply With Quote
  #5  
Old 08-19-2016, 1:31 PM
Chewy65 Chewy65 is offline
Senior Member
 
Join Date: Dec 2013
Posts: 1,720
iTrader: 0 / 0%
Default

Like Dvrjon said. If there is no will, and I doubt if the gun was in a living trust, look at the laws of intestate succession. Assuming that your father, and I am sorry for his passing, was a resident of California, pay particular attention to Probate Code section 6401(c).

Family matters can get very nasty in these situations. You may just want to notify the state, as Dvrjon suggested, that the gun is no longer yours.
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 7:12 AM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, 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 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.