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  • 45_acp
    Member
    • Apr 2009
    • 402

    inherit guns

    So, unfortunatly my uncle past away and he had bunch of guns. How do I legally get the one I inherited in my name. One handgun and a rifle, correct me if I am wrong but the rifle I don't think needs to be declared since it is a bolt action hunting rifle but what about the handgun.
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    Sorry for your lose.

    You and the executor of your uncle's estate go to a FFL dealer.
    The executor of your uncle's estate then PPTs the firearms to you.

    Unless the rifle is over 50 years old, it will need to be PPT'd as well.
    sigpic

    "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).

    Comment

    • #3
      Vin496
      Calguns Addict
      • Mar 2008
      • 8804

      Originally posted by Quiet
      Sorry for your lose.

      You and the executor of your uncle's estate go to a FFL dealer.
      The executor of your uncle's estate then PPTs the firearms to you.

      Unless the rifle is over 50 years old, it will need to be PPT'd as well.
      +1,

      That's all there is to it.

      This does not fall under a intra familial transfer, so a FFL is needed.
      I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

      and

      If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

      Comment

      • #4
        Army
        Veteran Member
        • Oct 2005
        • 3915

        Or, your Uncle gave them to you 20 years ago........
        "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself...A murderer is less to fear. The traitor is the plague."......Cicero

        Comment

        • #5
          Vin496
          Calguns Addict
          • Mar 2008
          • 8804

          Originally posted by Army
          Or, your Uncle gave them to you 20 years ago........
          LOL,

          guys probably 21.

          Happy 1st birthday!!!!
          I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

          and

          If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

          Comment

          • #6
            45_acp
            Member
            • Apr 2009
            • 402

            would it have too of been written in a will what if it is not.


            Thanks for the replys guy,

            Comment

            • #7
              ad6mj
              Member
              • Oct 2002
              • 127

              Was your uncle married? If so, just have your aunt transfer them to you.
              BillR

              sigpicNRA Life Member

              Comment

              • #8
                Stan_Humphries
                Member
                • Apr 2006
                • 423

                Is your grandfather/grandmother still alive?

                They can take possession from his estate - no FFL needed. They can then gift you the firearms - no FFL needed.

                2 Rounds of intra-family transfer on handguns, and no paperwork on long guns.

                Comment

                • #9
                  45_acp
                  Member
                  • Apr 2009
                  • 402

                  thanks for the info, that really helps.

                  Comment

                  • #10
                    Quiet
                    retired Goon
                    • Mar 2007
                    • 30241

                    Originally posted by thomashoward
                    http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf
                    Check this link.Fill it out and mail in with payment.
                    Cheaper than having a gunshop do it.
                    NOT APPLICABLE to the orginal poster.

                    That form is for intra-familial transfers.

                    By CA law, intra-familial transfer is between a grandparent or parent and a child or grandchild.

                    Uncle to nephew is not a legitimate intra-familial transfer.
                    sigpic

                    "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).

                    Comment

                    • #11
                      mydogsmonkey
                      Veteran Member
                      • Jan 2009
                      • 4166

                      Originally posted by Quiet
                      NOT APPLICABLE to the orginal poster.

                      That form is for intra-familial transfers.

                      By CA law, intra-familial transfer is between a grandparent or parent and a child or grandchild.

                      Uncle to nephew is not a legitimate intra-familial transfer.
                      i believe the poster above said to first have the grandparent take posession then to the child

                      Comment

                      • #12
                        brassburnz
                        Veteran Member
                        • Nov 2006
                        • 3553

                        Get it from grandma or grandpa, then it's an intra-familial transfer.

                        What if uncle made the nephew the executor? Then he takes possession by operation of law.
                        NRA Life Member
                        CRPA Life Member

                        Comment

                        • #13
                          battleship
                          Veteran Member
                          • Jan 2008
                          • 4958

                          Begs the question, who is getting the rest of his collection if your just getting two guns.

                          That said, sorry for your loss.

                          Comment

                          • #14
                            Quiet
                            retired Goon
                            • Mar 2007
                            • 30241

                            Originally posted by thomashoward
                            How Possession
                            was Obtained
                            Enter the condition under which you obtained the handgun (i.e. as an executor of an
                            estate, as a trustee in bankruptcy, as a secured creditor).

                            It looked like Operation of Law OR Familial transfer
                            Still needs to be within the CA defined "immediate family".


                            Penal Code 12078
                            (c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
                            (2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
                            (A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
                            (B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
                            (C) The person receiving the firearm is 18 years of age or older.
                            (3) As used in this subdivision, "immediate family member" means any one of the following relationships:
                            (A) Parent and child.
                            (B) Grandparent and grandchild.
                            Last edited by Quiet; 04-26-2009, 2:58 AM.
                            sigpic

                            "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).

                            Comment

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