Transfer from a deceased person....

[kenjimatic]

My uncle just recently passed. My cousin asked me how to get his fathers firearms transfered into his name(1 pistol and like 4 rifles). My cousin has a current HSC and has a clean record so there is nothing to worry about him not being qualified to take possesion of the firearms. I know about the intrafamilial transfer but I think that only applies if the owner(father in this case) is still alive. Any help is appreciated greatly. Thanks.

[littlejake]

My uncle just recently passed. My cousin asked me how to get his fathers firearms transfered into his name(1 pistol and like 4 rifles). My cousin has a current HSC and has a clean record so there is nothing to worry about him not being qualified to take possesion of the firearms. I know about the intrafamilial transfer but I think that only applies if the owner(father in this case) is still alive. Any help is appreciated greatly. Thanks.

I believe your cousin uses the same form; as inheriting falls under operation of law.

Rifles are not registered in California unless they are registered assault weapons. Only the Federal form 4473 would have information on the original purchase. I'm not sure that their transfer need be reported -- but, if filing the form, safest thing is to include them.

Form:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

I think a copy of the death certificate would be appropriate to attach.

[We have some legal eagles who post; perhaps one of them will give you a more definitive answer]

[Quiet]

Use the Operation of Law or Intra-Familial Handgun Transaction report to notify CA DOJ about the handgun. The rifles do not need to be reported. [PC 12078(c)]
Where it says "How possession was obtained:", have him write bequest/inheritance.

However, if any of the firearms are registred assault weapons, then they can not be inherited and, within 90 days, must be turned into LE or transfer it to a CA FFL dealer with an assault weapons permit or render it inoperative (destroy it) or sell it out of state. [PC 12285(b)(1)]




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.

Penal Code 12285
(b)(1) Except as provided in paragraph (2), no assault weapon possessed pursuant to this section may be sold or transferred on or after January 1, 1990, to anyone within this state other than to a licensed gun dealer, as defined in subdivision (c) of Section 12290, or as provided in Section 12288. Any person who (A) obtains title to an assault weapon registered under this section or that was possessed pursuant to paragraph (1) of subdivision (f) of Section 12280 by bequest or intestate succession, or (B) lawfully possessed a firearm subsequently declared to be an assault weapon pursuant to Section 12276.5, or subsequently defined as an assault weapon pursuant to Section 12276.1, shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 12230) of Chapter 2, or remove the weapon from this state. A person who lawfully possessed a firearm that was subsequently declared to be an assault weapon pursuant to Section 12276.5 may alternatively register the firearm within 90 days of the declaration issued pursuant to subdivision (f) of Section 12276.5.

[alc]

In a similar vein, a friend of mine recently passed away and owned several handguns. Is there a way to transfer outside of the family to avoid putting the widow through HSC? I dont think she would want to put her 16yr old daughter through HSC either. Any help would be greatly appreciated

[littlejake]

A person unrelated to the deceased may certainly inherit firearms under operation of law as discussed above and subject to the AW prohibition.

Whether inheritance requires an actual written bequest (as in a written will stating the intent), I don't know. I believe it could be argued that an oral bequest by the deceased would be adequate.

[Johnny?]

In a similar vein, a friend of mine recently passed away and owned several handguns. Is there a way to transfer outside of the family to avoid putting the widow through HSC? I dont think she would want to put her 16yr old daughter through HSC either. Any help would be greatly appreciated

The wife can sell the guns.

After my uncle pass away, I helped my Aunt sell the gun.