intrafamilial with a twist question

[Singleshot 7369]

Have not seen this addressed. Wife and met at 19 now we are 57, married for 32 years now. Never officially adopted the kids, when we met kids were 11 months the other 2 years old. No such thing in MY vocabulary as step children, Kids are Kids circumstances are not there fault. My son legally changed his last name when he was in his 20's & my daughter now married with her husband's last name. So now I am wanting to start passing on to them & my grandchildren. Some of them I've had since I was a young teen I got from my dad (step). The first one I got for my 9th birthday. Was raised around guns and had gun safety pounded into me at a very young age & did the same with mine. SO what do I do about passing them on while I'm still above dirt?

[Milsurp1]

Who is whose biological child? Which states are the relevant people residents of?

[SkyHawk]

Step 1, adopt those kids. Never too late. It matters for more than guns
https://www.courts.ca.gov/documents/BTB_23_1A_35.pdf

But anyhow, in your case as it stands now, any transfers from you to those kids or their offspring are treated like transfers to strangers. It sucks but that is where it stands. You are likely their legal step-parent and that does not count for intrafamily transfers.

Assuming you and your kids are all CA residents living reasonably close to each other, you could transfer via PPT using a FFL the guns to your kids, and then down the road they could transfer them directly to their kids.

Alternately you could directly transfer the guns to your wife on a paper/online form filed with DOJ, then she could directly transfer them to the kids (or grandkids if they are of age) using another form.

However note than in most all cases, anyone receiving guns in CA needs a Firearm Safety Certificate (FSC) or exemption. That means your wife if you transfer them to her, and then the kids and grandkids when they get them.

Or you could wait until you kick the bucket and then your wife would take possession of the guns as a surving spouse with no FSC required, then she could transfer them to kids or grandkids directly as long as they had FSC.

Also when you pass on and assuming you still had the guns, then the guns can be transferred directly to heirs across state lines if their state allows it. Otherwise if anyone lives in one state and gets guns from a living person in another state, it must go through a FFL in the recipient state. Federal law applies to interstate transfers and the relationship between the people mean nothing - blood relatives are treated the same as a stranger.

[Singleshot 7369]

Milsurp 1...Both hers & everyone's in So. Cal.
SkyHawk...agree on adopting just dreading all the paperwork part of it. Thank you tons for the detailed response. So if I'm understanding correctly I can PPT to them as long as each of them have a FSC and yes they are legally allowed possess.

[SkyHawk]

Originally Posted by Singleshot 7369

So if I'm understanding correctly I can PPT to them as long as each of them have a FSC and yes they are legally allowed possess.

Yes indeed

[gn3hz3ku1*]

this is California.. they can't just identity as your biological kids? science means nothing

[Mark49]

Hes only 57 a young couple... Not kicking the bucket any time soon.

Just A FYI, my biological father left all 4 of us at age 5. My Stepfather a GREAT MAN and wonderful father wanted to adopt us at a very young age. My biological father being a d*ck stepping in. So, all 4 us had an adult adoption after age 18.

I don't remember it being super costly, time may be the bigger issues at post covid fill the court houses.

If you choose not to do the adoption, make sure you and your wife (Not knowing who might pass first) have a living trust in place for them.

[BAJ475]

Originally Posted by gn3hz3ku1*

this is California.. they can't just identity as your biological kids? science means nothing

You would think that in CA that would work.

When my wife and I married, her daughter was one. Knowing that we had no desire or intent to treat them differently, I adopted my step daughter shortly after our son was born. Had to get biological dad's consent. That was not to difficult because he had not been paying child support. We discussed whether we should tell her. Decided it would be unfair to her and her paternal grandparents not to do so. It also avoided the need to try and explain who Christmas presents from grandma and grandpa in Pennsylvania had come from.

Side note. Before we married, we went out for dinner with my future daughter. The waitress looking at us with a child said she looks just like her father! My wife and I just smiled.

[Djantlive]

It’s a simple ppt since everyone is in ca. I’d hold on to the firearms that you may use. Note that you can do 4 or 5 ppt per year. While you can put as many firearms on a ppt, your local gun shop may have an issue with more than 1 or 2 firearm on each ppt. They also may refuse some guns too.