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  #1  
Old 10-06-2012, 7:41 PM
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Default willed hand guns / gifted what paper work do i need

I have been Willed / given some handguns Mostly C&R stuff or not useable WW-1 stuff that is so rusted out but still cool to look at. There is one gun in the lot that is late 80's S&W 5 wheel in grate shape. I would like to shoot this one a lot.

There is no will paper work. Close family friends called me and told me to pick up the hole lot after a passing in there family.

Here is my Question. For the S&W do I take it in to a dealer or use BAF 4542A paper work. I called and some shops and got a real mixed of what to do with them.
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  #2  
Old 10-06-2012, 7:48 PM
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If the Executor of the Estate has named you the recipient of these guns all you need to do is fill out the OpLaw form which can be found on the DOJ website.

Even the Smith.
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Old 10-06-2012, 7:56 PM
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See also the wiki article -- http://wiki.calgunsfoundation.org/In...and_Interstate
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Old 10-06-2012, 7:57 PM
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Quote:
Originally Posted by morrcarr67 View Post
If the Executor of the Estate has named you the recipient of these guns all you need to do is fill out the OpLaw form which can be found on the DOJ website.

Even the Smith.
I think that only applies to 1st family transfers (father/mother to child or visa-versa) but I may be wrong.

I'll watch this thread, I'm curious to know too.
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Old 10-06-2012, 8:03 PM
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There is no (will) of any kind. From what I gather none of the guns have ever been on the books in CA. I know the C&R rifles are good to go. just the hand guns that are the sticking point. As I'm only about 30 I just do not wont to have any Drama down the road or have the CA DOJ tell me I filled out the wrong paper work.
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Old 10-06-2012, 8:05 PM
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Quote:
Originally Posted by Ribkick View Post
I think that only applies to 1st family transfers (father/mother to child or visa-versa) but I may be wrong.

I'll watch this thread, I'm curious to know too.
You're confusing intra-family transfers with operation of law transfers. Intra-family transfers have to be up and down the family line, parent to child, grandparent to grandchild...

Operation of law transfers include distributions from an estate by the executor. They are exempt from California's dealer transfer requirements. Bequests from a will are also exempt from federal FFL transfer requirements.
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Old 10-06-2012, 8:08 PM
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Originally Posted by Mssr. Eleganté View Post
You're confusing intra-family transfers with operation of law transfers. Intra-family transfers have to be up and down the family line, parent to child, grandparent to grandchild...

Operation of law transfers include distributions from an estate by the executor. They are exempt from California's dealer transfer requirements. Bequests from a will are also exempt from federal FFL transfer requirements.
Okay. Does that apply to my gun collection being willed to my brother?
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Old 10-06-2012, 8:08 PM
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Originally Posted by Glamis View Post
There is no (will) of any kind.
Who is the executor of the estate? The person who legally inherited the firearms through intestate succession (because there is no will) has to transfer them to you through an FFL if the executor doesn't determine that the firearms should go to you.
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Old 10-06-2012, 8:10 PM
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Okay. Does that apply to my gun collection being willed to my brother?
Yes, but you need a real, legal will. You can't just tell everybody you want him to have the guns when you die.
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  #10  
Old 10-06-2012, 8:20 PM
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Here is something I did not like to hearing over the phone. I do live in the orange country and called some bigger places. "y do even won't to do the paper work" I was shocked. I have done some Buying and selling over the last 10 years. Always at an FFL for a FTF trade.

Last edited by Glamis; 10-06-2012 at 9:17 PM..
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  #11  
Old 10-06-2012, 8:24 PM
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Who is the executor of the estate? The person who legally inherited the firearms through intestate succession (because there is no will) has to transfer them to you through an FFL if the executor doesn't determine that the firearms should go to you.
Family wonted them out of the house ASAP. No safe and no need for them.

When I get all the paper work done, I will be posting a tun of photos.
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  #12  
Old 10-06-2012, 8:29 PM
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Quote:
Originally Posted by Mssr. Eleganté View Post
Who is the executor of the estate? The person who legally inherited the firearms through intestate succession (because there is no will) has to transfer them to you through an FFL if the executor doesn't determine that the firearms should go to you.

So on BOF4542A I mark Other: "will" and send in the $19 bucks pr gun.
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  #13  
Old 10-06-2012, 8:38 PM
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Not the BOF4542A but instead the BOF 4544A "OPLAW"

http://oag.ca.gov/sites/all/files/pd...orms/oplaw.pdf
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  #14  
Old 10-06-2012, 8:52 PM
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Originally Posted by Glamis View Post
So on BOF4542A I mark Other: "will" and send in the $19 bucks pr gun.
If there was no will and the executor of the estate didn't determine that the firearms should pass to you then you and the person who legally inherited the firearms go to a California licensed dealer and do a PPT.
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Old 10-06-2012, 9:05 PM
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Originally Posted by Mssr. Eleganté View Post
If there was no will and the executor of the estate didn't determine that the firearms should pass to you then you and the person who legally inherited the firearms go to a California licensed dealer and do a PPT.
Executor by default would be his granddaughter: She is the one that called me. "come get them or we taking them to be cut up by the cops" I know how she will be voting.

Last edited by Glamis; 10-06-2012 at 9:07 PM..
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Old 10-06-2012, 10:02 PM
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I'm pretty sure the executor of an estate with no will is required to follow the laws of intestate succession. They can't just hand out property from the estate to people of their choosing. Legally the firearms would need to go to the spouse of the deceased, and if there is no spouse then to one or more of the deceased persons children. The family member who ends up with the firearms would then have to PPT the firearms to you through a California licensed dealer.
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  #17  
Old 10-07-2012, 6:22 AM
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If none of the Heirs contest who the Executor is selecting as the new owner of said property there should be no problem with them giving you the guns.
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Old 10-07-2012, 6:29 AM
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The best way for the Executor to do this would be form to ask every person who would be in line to get these guns. Spouse, Children, Grand Children, etc. If everyone says they don't want them the Executor could name you.

If one person says they want them you would have to try and buy them from that person. A PPT would be in order.
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Old 10-07-2012, 12:06 PM
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geez 2 gun stores told me to put it in my safe and don't worry about it when i asked them about this same question.
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Old 10-07-2012, 12:41 PM
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Quote:
Originally Posted by big fancy View Post
geez 2 gun stores told me to put it in my safe and don't worry about it when i asked them about this same question.
'What you might get away with' and 'what you should do to be legal' are often in separate groups. Many gun store people seem to treat either group as 'good enough'.

But at Calguns we try to provide only the legal ways. One might expect that gun stores would follow that practice as well, since people in jail can't buy guns, and that's bad for gun store business.
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Old 10-07-2012, 12:57 PM
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Purely as a theoretical exercise, what sort of time expectations might there be for an executor to name someone as the recipient/inheritor/whatever the term is? Along the same lines, what sort of time span would be considered 'reasonable' to fill out the forms (OPLAW) suggested above?
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Old 10-07-2012, 3:08 PM
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Originally Posted by Redneck Geek View Post
Purely as a theoretical exercise, what sort of time expectations might there be for an executor to name someone as the recipient/inheritor/whatever the term is? Along the same lines, what sort of time span would be considered 'reasonable' to fill out the forms (OPLAW) suggested above?
If the estate doesn't have specific beneficiaries, could be a long time, depending on how the pool of possible recipients may agree with things. I would not be at all surprised if it were a year or more.

Once distributed, there seems to be no time limit imposed; I'd shoot for 60 days or so, since that is a specified time in a few other places.
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Old 10-07-2012, 3:14 PM
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I'd assume the will is documentation enough to transfer into your name... Being written or video with the lawyer appointed to that will.
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Old 10-07-2012, 3:49 PM
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Quote:
Originally Posted by big fancy View Post
geez 2 gun stores told me to put it in my safe and don't worry about it when i asked them about this same question.
ya scary. That just gives the wrong Ida to ppl about dealers.

I'm going drive over to a dealer that deals with estate sales. I have some right here in the OC. After I make a full list and photographed everything. Some of it may be worth the trouble.

There is one one left to get upset that I'm getting the guns. I was on the phone last night with the rest of family.
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Old 10-07-2012, 4:31 PM
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I understand that this forum is for posting what you are supposed to do legally in CA but I have to agree with the two gun stores that said to just put them in your safe and not worry about it.
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Old 10-07-2012, 4:32 PM
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Originally Posted by CK_32 View Post
I'd assume the will is documentation enough to transfer into your name... Being written or video with the lawyer appointed to that will.
It would be for the executor to distribute it -
E (reading): "I leave this fine Glock 17, serial A 1234, to my friend Bill" says the will.

E: Are you Bill?

Bill: Yes

E: Here you go. (Hands over the Glock)
But thereafter, Bill, if a California resident, must file the OPLAW form. Unless exempt, Bill would also need his HSC.
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Last edited by Librarian; 10-07-2012 at 4:35 PM..
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Old 10-07-2012, 4:53 PM
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Quote:
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It would be for the executor to distribute it -
E (reading): "I leave this fine Glock 17, serial A 1234, to my friend Bill" says the will.

E: Are you Bill?

Bill: Yes

E: Here you go. (Hands over the Glock)
But thereafter, Bill, if a California resident, must file the OPLAW form. Unless exempt, Bill would also need his HSC.
sounds about right. Now will the DOJ ever go back and say I need to see the will? I'm still gong to go talk to some one that deals with this for a living. I'm not a lawyer nor ever wont to have to pay for one.

Last edited by Glamis; 10-07-2012 at 4:56 PM..
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Old 10-07-2012, 5:35 PM
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Quote:
Originally Posted by Mssr. Eleganté View Post
I'm pretty sure the executor of an estate with no will is required to follow the laws of intestate succession. They can't just hand out property from the estate to people of their choosing. Legally the firearms would need to go to the spouse of the deceased, and if there is no spouse then to one or more of the deceased persons children. The family member who ends up with the firearms would then have to PPT the firearms to you through a California licensed dealer.
This is correct. The order of succession is spelled out in the CA probate code. Any firearm transfers outside the specified order need to go through an FFL.
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Old 10-07-2012, 5:38 PM
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Quote:
Originally Posted by Glamis View Post
sounds about right. Now will the DOJ ever go back and say I need to see the will? I'm still gong to go talk to some one that deals with this for a living. I'm not a lawyer nor ever wont to have to pay for one.
You don't have to show them the will. By filing the oplaw form, you are making a declaration that you inherited the item according to law. The oplaw form is signed under penalty of perjury.
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Old 10-11-2012, 11:20 AM
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here is the update as of now. We are going to make up a bill of sale/will and go to and an FFL. Just the ez way to deal with it.

There is one gun in the group I'm bugging out about. Know one know's how He end up with it. I called the DOJ and will not run a gun with out taking to the FFL. She told me some LEO's will do it. Is there a friendly LEO that will run a gun over the phone?
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Old 10-11-2012, 11:32 AM
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Quote:
Originally Posted by Glamis View Post
here is the update as of now. We are going to make up a bill of sale/will and go to and an FFL. Just the ez way to deal with it.

There is one gun in the group I'm bugging out about. Know one know's how He end up with it. I called the DOJ and will not run a gun with out taking to the FFL. She told me some LEO's will do it. Is there a friendly LEO that will run a gun over the phone?

Dont do that, if the gun is hinky, you know stolen it will show up during the DROS process. The bill of sale from his Granddaughter to you will protect you from any shennanigens.

Remember their was a time long ago in this state when HG could be sold and purchased without an FFL between private parties. Just go and do the DROS.
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  #32  
Old 10-11-2012, 12:42 PM
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I'm doing all the work and righting up a bill of sale. Then going to drive down to get her and the rest of the guns she has found stuff in a box. I will be spinning off some of the guns after the 1st of the year. Well after the paper work is done.

What is the Best FFL to do this at. I'm looking for one in Orange or coto de caza.
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Old 10-12-2012, 5:59 AM
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Quote:
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I'm doing all the work and righting up a bill of sale. Then going to drive down to get her and the rest of the guns she has found stuff in a box. I will be spinning off some of the guns after the 1st of the year. Well after the paper work is done.

What is the Best FFL to do this at. I'm looking for one in Orange or coto de caza.
Any FFL will work. By doing it this way it becomes a PPT and all FFL's have to do them. Just go to the LGS you use the most.

Here is a BOS you can use if you would like.

http://www.calguns.net/calgunforum/a...9&d=1317340722

Seeing as this BOS only has room for 3 firearms you could write a second page for just the extra firearms.
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