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Handgun Transfer vs. DOJ

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  • Terol
    Junior Member
    • Oct 2011
    • 86

    Handgun Transfer vs. DOJ

    Something tells me I'm not going to win this battle, but I'm going to try.

    My story is that I inherited a S&W Model 19 when my older brother passed away this year. He and my sister-in-law were living in Las Vegas. I was offered his entire collection, but declined, opting only for the S&W.
    My sis-in-law arranged thru a Nevada FFL to ship it to my FFL guy here in Elk Grove. That didn't turn out so well, since this S&W is not on the approved list any longer. So, back to Nevada it went. I contacted the DOJ and explained the situatation and was told to get a notarized statement from my sis-in-law explaining the facts. I got the document, but called the DOJ to make sure I was filling the paperwork out properly. This time they're saying it may not help, no matter what..... So, now I'm waiting for a call from them to tell me what's what.

    My main reason for trying to accompolish the transfer into my name is to have my sister-in-laws name off it.

    Thanks for letting me vent.
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44664

    Only shipping is the real issue.

    Both Federal and State law say inheritance does not require an FFL.

    Once you get the gun, file the OPLAW form and you're done.

    See the wiki on inheritance: http://wiki.calgunsfoundation.org/in...and_Interstate
    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    Frozen in 2015, it is falling out of date and I can no longer edit the content.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

    • #3
      SantaCabinetguy
      I need a LIFE!!
      • Feb 2011
      • 15137

      If it was directly left to you it is roster exempt, the tricky part is finding an FFL that understands this process as some do not.
      Hauoli Makahiki Hou


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      Comment

      • #4
        CenterX
        Senior Member
        • Feb 2008
        • 1721

        Nevada has no registration so how's your sister-in-laws name on it?

        Interfamilial transfers have always been exempt from the list - Unless this is Kamala's re-interpretation.

        I'd suspect more than one inherited firearm has entered the state without this dispute.

        Best of luck!
        sigpic
        - Aut Pax Aut Bellum - Volunteer LDW

        Comment

        • #5
          CenterX
          Senior Member
          • Feb 2008
          • 1721

          Librarian and Ubermcoupe were fast - what they said.
          sigpic
          - Aut Pax Aut Bellum - Volunteer LDW

          Comment

          • #6
            paul0660
            In Memoriam
            • Jul 2007
            • 15669

            So two FFL's and the DoJ don't know what the deal is...............
            *REMOVE THIS PART BEFORE POSTING*

            Comment

            • #7
              SantaCabinetguy
              I need a LIFE!!
              • Feb 2011
              • 15137

              Originally posted by paul0660
              So two FFL's and the DoJ don't know what the deal is...............
              It can get lost in translation if one is not explicitly clear on the inheritance rules. Remember the FFL in NV doesn’t have to deal with CADOJ rules on the regular
              Last edited by Ubermcoupe; 12-04-2011, 3:01 PM. Reason: added words
              Hauoli Makahiki Hou


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              Comment

              • #8
                Terol
                Junior Member
                • Oct 2011
                • 86

                The CA FFL told me that he contacted the DOJ when he found it was not on the "roster" Since my sis-in law is a Nevada resident we could not do a private party transfer. When it was returned to Las Vegas, I went with her to retrieve it and I understand that at the point it was tagged in her name in Nevada's data bank.

                When I called the DOJ a couple days ago it was to make sure on the paperwork before filing it. I didn't want to say it was in my possesion, although technically it is even though it's in Las Vegas. So, I couldn't put a date as to when I aquired it....etc. etc. Don't want Big Brother knocking on my door asking me to give up a terrible illegal weapon because they can't get they're heads out of....

                Thanks Librarian... I'll do more research.

                Comment

                • #9
                  paul0660
                  In Memoriam
                  • Jul 2007
                  • 15669

                  These aren't DoJ rules, they are Federal. The DoJ is trying to be helpful, I suppose, but saying nothing would have been better, and the phone number of ATF would have been a lot better.

                  Both FFL's should understand inheritance transfers across state lines, because they are Federally licensed.
                  *REMOVE THIS PART BEFORE POSTING*

                  Comment

                  • #10
                    Oceanbob
                    I need a LIFE!!
                    • Jun 2010
                    • 12720

                    Originally posted by Terol
                    Thanks Librarian... I'll do more research.
                    No need to do more research..!!.
                    Follow Librarians advice and don't make this simple thing a big drama-fueled-extravaganza.

                    The CDOJ handles about 5.000 transactions a day. Just fill out the Form and get on with it.

                    Be well, Bob
                    May the Bridges I burn light the way.

                    Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

                    Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).

                    Comment

                    • #11
                      Dead*Reckoned
                      Veteran Member
                      • May 2010
                      • 2643

                      Originally posted by CenterX
                      Nevada has no registration so how's your sister-in-laws name on it?

                      Interfamilial transfers have always been exempt from the list - Unless this is Kamala's re-interpretation.

                      I'd suspect more than one inherited firearm has entered the state without this dispute.

                      Best of luck!
                      Clark county, NV DOES have handgun registration, so his sister-in-law's name may be on it.

                      Comment

                      • #12
                        SantaCabinetguy
                        I need a LIFE!!
                        • Feb 2011
                        • 15137

                        Originally posted by paul0660
                        These aren't DoJ rules, they are Federal.
                        ...
                        Both FFL's should understand inheritance transfers across state lines, because they are Federally licensed.
                        Hauoli Makahiki Hou


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                        Comment

                        • #13
                          Terol
                          Junior Member
                          • Oct 2011
                          • 86

                          Thanks to Librarian and others for advice. I submitted the OPLAW doc along with a statement from my sister-in-law. Apparently, that's all it needed. It's a done deal and now in my name.

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