Ok, I tried doing a search already so don't start flaming with "did you try search"...ok? So, here's the question. I just came out of the military and looked into the safe where my dad keeps all his guns. My question is, what do I have to do to take legal possession of all the guns in his gun safe? I know there is a Ruger MK II pistol there that is mine (he bought for me when I was in high school), various shotguns, a few Nylon 66's, a competition Hammerli pistol and a few other old .22 rifles (lever action, pump and bolt action). I plan on moving the safe with all the guns to my house and eventually use them for target practice or hunting. Please let me know what I have to do or if I have to do anything. Thanks.
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If dad is still alive you can do an intra-family transfer. Most FFLs will charge a fee for each weapon, however I know of at least one FFL that will charge a flat fee for these situations. If dad has passed, mom can do the same transfer (community property). If mom and dad have both passed you'll have to deal with the executor of the estate.sigpic -
Actually you do not need to transfer them through an FFL. Do a search for "INTRA-FAMILIAL" or "intrafamily". Make sure your search doesn't limit the answers by age. If your dad is still alive you just need to file the following form with the CA DOJ and pay a $19 fee:
The following is straight off the DOJ website:
"Can I give a firearm to my adult child? Can he/she give it back to me later?
Yes, as long as the adult child receiving the firearm is not in a prohibited category [PDF 10 kb / 1 pg] and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit a Report of Operation of Law or Intra-Familial Handgun Transaction [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b)."
This is assuming you and your father are residents of California. If you or your father are not California residents, it is a violation of federal law to transfer firearms between residents of different states without an FFL doing the transfer. The following thread deals with the same issue:
Last edited by m1match; 11-19-2009, 6:25 PM.Comment
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Shorter:
IF both of you are CA residents
THEN
parent can just give long guns to children,
but handguns need the Intrafamilial form and $19 for all the handguns (just 1 $19 for as many handguns as transferred at one time).
IF father is NOT a CA resident
AND father is deceased
Feds have an exception to the FFL for interstate transfer by inheritance,
so see above "both are CA residents".
IF father is NOT a CA resident
AND father is NOT deceased
then the whole set of guns must go through a CA FFL - the only family benefit you may get is that handguns do not need to be on the Roster.ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page
Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!Comment
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Thanks
Thanks for all the great info guys. Now, yes my old man is a CA resident and still kickin', however he does have a felony. Will this affect the transfer in any way? He owned the firearms before the felony and now they are not in his possession. Thanks in advance!
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