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  #1  
Old 12-08-2015, 4:10 PM
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Default Inheriting from Dad...

I've read the following from Librarian, so I'm reasonably sure I'm correct, but it would be nice to have secondary confirmation:

http://www.calguns.net/calgunforum/s...d.php?t=124237

My father recently passed, and mom wants no part of his two guns:
  1. A semi-automatic shotgun he used to hunt ducks with (30-40 years ago), I think it's a Remington, but the one time I looked it over I didn't see any make or stamp on it.
  2. A Smith & Wesson .22 magnum revolver pistol.
Obviously these are not remotely problematic guns, from a legal standpoint. Everyone in question lives in SoCal (L.A., and not L.A.). I'm well over 21. I have not purchased any firearms whatsoever in months if not over a year. I DID purchase a pistol within the past few years, and at my last purchase I had to retake a test for a Handgun Safety Certificate, so I must have one, but I have no idea where that paper ended up.

I believe, based on Librarian's thread, that:
  1. I can simply take possession of his shotgun, no paperwork needed.
  2. I can fill out the Operation of Law or Intrafamilial Handgun Transaction Report form on the CA DOJ/AG website and mail it in with the $19 check, and then I can legally have the pistol.
Is that all correct?

The main area I am unsure of is whether I need to find or obtain an additional HSC since technically I have one even if I can't find it. Librarian's thread notes that "the Transaction Report has no place to record the HSC number" but the one I just downloaded DOES seem to have a place for that number.
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  #2  
Old 12-08-2015, 4:30 PM
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Really sorry for your loss - when my Dad passed, it was a really tough time.

Depending on when he bought them, you might be able to just take possession without any paperwork. I'm sure others will chime in. If they've never been registered yet, you might not need to register them now. The shotgun, especially, should be easy - I have plenty of friends that got long guns from their parents and never needed to do anything. I know a few who got handguns from parents and didn't do anything - but those were old guns and were never registered.

Again, sorry for your loss, and I'm sure others with more experience will be able to provide some more info.
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  #3  
Old 12-08-2015, 4:37 PM
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Thanks. It's been a few months so not as raw anymore, but yeah.

He has easily had both of these since at least the 70s, and possibly longer, so it's entirely possible that both entirely predate any sort of registration. No way to know for sure, unfortunately.

Oh yeah, technically there is a third gun, a semi-auto .22lr rifle (tube fed), but I'm certain that falls into the same category as the shotgun, legally, so I suspect no paperwork is needed for that one, too.
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Old 12-08-2015, 4:56 PM
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Quote:
Originally Posted by kkp View Post
I've read the following from Librarian, so I'm reasonably sure I'm correct, but it would be nice to have secondary confirmation:

http://www.calguns.net/calgunforum/s...d.php?t=124237

My father recently passed, and mom wants no part of his two guns:
  1. A semi-automatic shotgun he used to hunt ducks with (30-40 years ago), I think it's a Remington, but the one time I looked it over I didn't see any make or stamp on it.
  2. A Smith & Wesson .22 magnum revolver pistol.
Obviously these are not remotely problematic guns, from a legal standpoint. Everyone in question lives in SoCal (L.A., and not L.A.). I'm well over 21. I have not purchased any firearms whatsoever in months if not over a year. I DID purchase a pistol within the past few years, and at my last purchase I had to retake a test for a Handgun Safety Certificate, so I must have one, but I have no idea where that paper ended up.

I believe, based on Librarian's thread, that:
  1. I can simply take possession of his shotgun, no paperwork needed.
  2. I can fill out the Operation of Law or Intrafamilial Handgun Transaction Report form on the CA DOJ/AG website and mail it in with the $19 check, and then I can legally have the pistol.
Is that all correct?

The main area I am unsure of is whether I need to find or obtain an additional HSC since technically I have one even if I can't find it. Librarian's thread notes that "the Transaction Report has no place to record the HSC number" but the one I just downloaded DOES seem to have a place for that number.
That post appears to be out of date. It is no longer just a handgun form. List all three firearms on one form. If you can recall where you took the HSC test, that FFL should be able to provide you with the number.

Last edited by BAJ475; 12-08-2015 at 4:58 PM.. Reason: correct to apply to 3 guns
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  #5  
Old 12-08-2015, 4:56 PM
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I don't mind filling out the form, $19 is no biggie, and I don't care if it's registered under my name or not, but I really don't want to hassle taking the stupid test yet again (and pay another extra fee to my LGS). Not that it's difficult but for crying out loud...

If any gun ever remains legal in the state of CA, it would be these, since they're fairly exemplary examples of the least likely to ever be banned, LOL, so registration isn't an issue. They'd come for my other (legally registered) stuff long before they would care about these.
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Old 12-08-2015, 5:05 PM
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Quote:
Originally Posted by BAJ475 View Post
That post appears to be out of date. It is no longer just a handgun form. List all three firearms on one form. If you can recall where you took the HSC test, that FFL should be able to provide you with the number.
Ah, you're right, the current form includes options for handguns, rifles and shotguns. I guess I'd need to include all 3 on the form. Fortunately it accommodates 3 without needing extra pages so still all one form.

That's a good idea, I can contact them to see if they have a record of my HSC number.

I guess I'll have to look all these over and see if I can figure out where the make and serial is located on that shotgun. The .22lr rifle has no serial, it's that old.
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  #7  
Old 12-08-2015, 5:14 PM
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Geeze, yeah, bits of that have changed in 7 years!

Regrettably, to transfer long guns, even via OPLAW, in 2015 and later you need the FSC, the all-gun version HSC replacement.

And, advice given here needs to be biased towards obeying the law as it is. The paperwork is required by law.
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  #8  
Old 12-08-2015, 5:17 PM
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Quote:
Originally Posted by Librarian View Post
Geeze, yeah, bits of that have changed in 7 years!

Regrettably, to transfer long guns, even via OPLAW, in 2015 and later you need the FSC, the all-gun version HSC replacement.

And, advice given here needs to be biased towards obeying the law as it is. The paperwork is required by law.
Yeah, that's what I'm trying to do here, obey the law as it is today.

So if I want to inherit these (legally), I need to go to an LGS and pay to take a new test? And THEN I can send the state still more money?
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  #9  
Old 12-08-2015, 5:22 PM
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Quote:
Originally Posted by kkp View Post
Yeah, that's what I'm trying to do here, obey the law as it is today.

So if I want to inherit these (legally), I need to go to an LGS and pay to take a new test? And THEN I can send the state still more money?
Yeah. Pay the $25 bucks. Easy test. Done deal. Then the Form and $19 bucks, done deal.

Sorry about your Dad.

Having the FSC card will be worth it in the future.

Be well....
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  #10  
Old 12-08-2015, 5:23 PM
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OP - first, the Handgun Safety Certificate (HSC) you have won't cover all three firearms. Since last January 1st you'll now need a Firearms Safety Certificate (FSC) which covers BOTH handguns and longguns. Read more about it at this post: http://calguns.net/calgunforum/showthread.php?t=1008156

Second, yes, the OPLAW form should work. However, a relevant question is "who is the current legal owner - your late father's estate or your mother?" Is this a transfer from your mother to you, or from your father's estate to you? If the latter, is there a will or living trust involved? Has probate occurred? Depending on your answers, probate may be required to transfer title to the property.

Edit: Librarian and OceanBob beat me to the HSC portion...
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  #11  
Old 12-08-2015, 5:24 PM
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Quote:
Originally Posted by Oceanbob View Post
Yeah. Pay the $25 bucks. Easy test. Done deal. Then the Form and $19 bucks, done deal.

Sorry about your Dad.

Having the FSC card will be worth it in the future.

Be well....
Yeah, I suppose that's a good point.

And thx.
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  #12  
Old 12-08-2015, 5:28 PM
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Quote:
Originally Posted by Not a Cook View Post
OP - first, the Handgun Safety Certificate (HSC) you have won't cover all three firearms. Since last January 1st you'll now need a Firearms Safety Certificate (FSC) which covers BOTH handguns and longguns. Read more about it at this post: http://calguns.net/calgunforum/showthread.php?t=1008156

Second, yes, the OPLAW form should work. However, a relevant question is "who is the current legal owner - your late father's estate or your mother?" Is this a transfer from your mother to you, or from your father's estate to you? If the latter, is there a will or living trust involved? Has probate occurred? Depending on your answers, probate may be required to transfer title to the property.

Edit: Librarian and OceanBob beat me to the HSC portion...
Yeah. I guess there's no way around paying the extra dough for the HSC, but as noted, it'll be worth having anyway at some point. It doesn't exactly break the bank. (and on the bright side, it'll be one less fee I have to pay next time I actually purchase a new gun)

As to the probate bit, ugh, I'm not even going to contemplate that. As far as I'm concerned, they were a gift from my father. Certainly no one is going to say otherwise, and as noted above, I don't think they were ever actually registered to anyone since he's had them so long.
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Old 12-08-2015, 5:35 PM
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Quote:
Originally Posted by Librarian View Post
Geeze, yeah, bits of that have changed in 7 years!

Regrettably, to transfer long guns, even via OPLAW, in 2015 and later you need the FSC, the all-gun version HSC replacement.

And, advice given here needs to be biased towards obeying the law as it is. The paperwork is required by law.
Is that correct? It seems to be contradicted by your thread here: http://calguns.net/calgunforum/showthread.php?t=1008156

... which says: "A valid HSC will still work for handgun purchases in 2015 and later." (bold added)

This isn't a purchase. I assume I'll need to get my HSC number, still, and type it onto the OPLAW form but do I need the other for the long guns since no purchase is happening here? And similarly no safety demo would be required since a dealer is not delivering the guns.
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  #14  
Old 12-08-2015, 5:40 PM
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Ah, nevermind, I found the answer in the DOJ FAQ:

Quote:
* If I already have a Handgun Safety Certificate, do I still need a Firearm Safety Certificate?

o A valid HSC can still be used to purchase/acquire handguns until it expires. For long gun purchases/acquisitions made on or after January 1, 2015, an FSC is required. An FSC can be used to purchase/acquire both handgun and long guns.
It's not a purchase but I guess I'm still "acquiring" them. My HSC would suffice for the pistol but not the long guns.
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  #15  
Old 12-08-2015, 9:39 PM
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Quote:
Originally Posted by kkp View Post
Ah, nevermind, I found the answer in the DOJ FAQ:



It's not a purchase but I guess I'm still "acquiring" them. My HSC would suffice for the pistol but not the long guns.
I believe that your HSC should work for all three if it has not expired and you can determine its number.
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Old 12-09-2015, 3:21 AM
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Quote:
Originally Posted by kkp View Post
It's not a purchase but I guess I'm still "acquiring" them. My HSC would suffice for the pistol but not the long guns.
^ Correct.

Quote:
Originally Posted by BAJ475 View Post
I believe that your HSC should work for all three if it has not expired and you can determine its number.
^ Incorrect.
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  #17  
Old 12-15-2015, 10:07 AM
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If you have a valid California hunting license that works for long guns and you can use your still valid HSC for the handgun.
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  #18  
Old 12-16-2015, 8:50 PM
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This may not be as simple as you think. See this thread." and especially the post by Fiddletown concerning whether there was a will, if probate is needed, and such. Its tough losing a father.
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