Dad died. What's law on inheriting his guns?

[TrailerparkTrash]

He had a bunch and many handguns. I'm not familiar with the inheritance laws on handguns. They are registered in his name. One salesman at Turner's told me that I don't need to register the handguns in my name because they were handed down by my dad upon death.

Anybody know the law for sure?

Thanks in advance.

I meant to put this thread in the legal forum. Sorry about the mistake.

[Mad Mike]

So sorry for your loss, only time will heal the wounds, but you will never forget
about your dad, I lost mine a while back so I know what your going through.
As far as the guns go, If I remember right, you can get them all registered in your name at one time (DROS) but will have to do a ten day period with the guns at a FFL dealer. (sorry about that)

[Kruzr]

If the guns are in the state and you can go get them, you do not have to DROS them or wait 10 days. You fill out an Operation of Law form and mail it with $19 to the DOJ. You can list multiple guns on the form for the same 19 bucks. You state that it is an inheritance on how aquired. You can download the form here:

http://caag.state.ca.us/firearms/forms/pdf/oplaw.pdf

If they are out of state, you must pick them up and bring them back and then fill out the form or have them shipped to an FFL here. If shipped to an FFL, they will be DROS'd.

[m1371]

If the guns are in the state and you can go get them, you do not have to DROS them or wait 10 days. You fill out an Operation of Law form and mail it with $19 to the DOJ. You can list multiple guns on the form for the same 19 bucks. You state that it is an inheritance on how aquired. You can download the form here:

http://caag.state.ca.us/firearms/forms/pdf/oplaw.pdf

If they are out of state, you must pick them up and bring them back and then fill out the form or have them shipped to an FFL here. If shipped to an FFL, they will be DROS'd.

So if the guns are coming into Kalifornia from another state, the relative who is inheriting them just goes to get them and brings them back? It's that easy to do?

BUT. . . . . Is there a requirement that the handguns being brought in be on the DOJ approved list?

[Black Majik]

I'm not sure about the laws your asking about, but I just wanted to post to say sorry for your loss. Take care.

[EOD Guy]

So if the guns are coming into Kalifornia from another state, the relative who is inheriting them just goes to get them and brings them back? It's that easy to do?

BUT. . . . . Is there a requirement that the handguns being brought in be on the DOJ approved list?

Bequests from an estate are exempt from the dealer transfer requirement in both state a Federal law. You can either get them yourself or have the executor of the estate ship them directly to you. There is no requirement for FFL involvement, even in an interstate transfer. See 27CFR 478.30.

TITLE 27--ALCOHOL, TOBACCO PRODUCTS, AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart C_Administrative and Miscellaneous Provisions

Sec. 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or
deliver any firearm to any other nonlicensee, who the transferor knows
or has reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a place of
business in) the State in which the transferor resides: Provided, That
the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of
a firearm made to carry out a bequest of a firearm to, or any
acquisition by intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the laws of the State of
his residence;

[TrailerparkTrash]

Wow, thank you for the information and the DOJ download link for the form. I appreciate it very much.

[ohsmily]

As far as the guns go, If I remember right, you can get them all registered in your name at one time (DROS) but will have to do a ten day period with the guns at a FFL dealer. (sorry about that)

...no...no 10 day wait, fill out the "operation of law form" as another person posted...

the only catch to you inheriting his guns is if any of them are assault weapons as per CA law. You can't inherit AWs.

[Librarian]

.You can't inherit AWs.

Well, you can, but not if you and they are in California - that's a forbidden transfer; you can inherit them in another state so long as you leave them out of state, or you can inherit them from California and move them to your state of residence (presuming you don't live in one of the other places which ban AWs).

Where that leaves them legally in the other state, I have no idea, but it's legal to own other property in one state while living in another, so I would hope there is some kind of legal ownership for guns that way.