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  #1  
Old 01-08-2021, 10:22 PM
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Trapdude86 Trapdude86 is offline
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Default In possession of deceased relative’s long gun

I was very interested buying a long gun off my relative who lived out of state. When my relative came here for thanksgiving, they brought the long gun over for me to look at and shoot. It is legal to own here. I couldn’t make up my mind so my relative said keep it and bring it back at Christmas. Guessing by my title, my relative didn’t make it to Christmas. What do I do?
  #2  
Old 01-08-2021, 10:44 PM
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Quote:
Originally Posted by Trapdude86 View Post
I was very interested buying a long gun off my relative who lived out of state. When my relative came here for thanksgiving, they brought the long gun over for me to look at and shoot. It is legal to own here. I couldn’t make up my mind so my relative said keep it and bring it back at Christmas. Guessing by my title, my relative didn’t make it to Christmas. What do I do?
The scenario you described violated Federal laws that have been in effect since 1968.

Federal laws prohibits the transfer of firearms between residents of different States unless a FFL is utilized. [18 USC 922(a)(3),(5)]

Your relative leaving the firearm with you violated Federal laws. Which resulted in both your relative and you committing Federal felonies.
^This also violated CA laws. Which resulted in you committing several CA misdemeanors.
~Any paperwork/reports you submit to try and make this legal, will only be documenting the crimes and make it easier for you to be prosecuted.

In order to be legal under Federal and CA laws, the firearm needed to be transferred (4473/DROS/10 day wait) to you through a CA FFL dealer.

Since the owner of the firearm is now deceased, the executor of the deceased's estate can legally transfer the firearm to you through a CA FFL dealer.

The firearm needs to be CA legal and can not include any large capacity magazines.
If the firearm is a handgun, then it needs to be listed on the Roster of Handguns Certified for Sale or be exempt from it.
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Last edited by Quiet; 01-08-2021 at 10:51 PM..
  #3  
Old 01-08-2021, 11:00 PM
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Hence why I was bringing it BACK to do the FFL to FFL transfer. And I thought you could legally loan someone a firearm for 30 days. But thanks for the info.
  #4  
Old 01-08-2021, 11:11 PM
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Originally Posted by Trapdude86 View Post
Hence why I was bringing it BACK to do the FFL to FFL transfer. And I thought you could legally loan someone a firearm for 30 days. But thanks for the info.
Under Federal laws/regulations...

Allows for the loaning of a firearm to a non-resident for sporting purpose.
^Only applies when the owner is present or when the firearm is being loaned and kept in the owner's State of residence.


Under CA laws/regulations...

Starting 01-01-2017, loans of firearms must be done through a CA FFL dealer.

An exemption to this is for loans by a spouse/registered domestic partner, grandparent, parent, sibling, child, or grandchild and the loan is for less than 30 days.
^Requires the person being lent the firearm to be a non-prohibited person that is 18 years of age or older and has a valid FSC or exemption to the FSC. Firearm also needs to be registered to the owner in AFS.
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"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

Last edited by Quiet; 01-08-2021 at 11:32 PM..
  #5  
Old 01-08-2021, 11:15 PM
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Quote:
Originally Posted by Trapdude86 View Post
And I thought you could legally loan someone a firearm for 30 days. But thanks for the info.
Not across state lines you can't
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  #6  
Old 01-08-2021, 11:25 PM
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Alright when their Covid clears up I’ll get it back over ASAP and have the executor transfer me it. Thanks.
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