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  • MaliStaff
    Member
    • May 2014
    • 221

    Need Advice Please

    Greetings Fellow CG'ers. I performed multiple searches, but came up empty. I could really use some advice and guidance on the following situation:

    My FIL whom happens to own multiple pistols and a rifle recently had a stroke and now is hospitalized and his condition is actually getting worse. Can't say at this time what his recovery will look like. Conceptually if he is unable to operate and maintain his firearms going forward due to drastic change with his health, what options do I have with respect to his firearms? I'll be honest: I don't know what the status of registration is on all his firearms. If, due to his change in health, can no longer legally own a firearm, can it be transferred to me somehow?

    Thanks in advance for the help.
  • #2
    bsim
    CGN/CGSSA Contributor
    CGN Contributor
    • Mar 2008
    • 892

    Dad to wife to you.

    Only way unless it's in a wll...
    NRA Life Member
    SAF Life Member
    sigpic

    Comment

    • #3
      Garv the innocent
      RSG Minion, Senior
      CGN Contributor - Lifetime
      • Apr 2014
      • 9088

      If he becomes healthy enough to go to the gun store with you at some point hopefully soon he can just DROS them to you.
      Would he be willing to do that?

      Having a stroke or poor health in general does not prohibit someone from owning firearms.
      Originally posted by Kestryll:
      It never fails to amuse me how people get outraged but fail to tell the whole story in their rants....

      Comment

      • #4
        The Gleam
        I need a LIFE!!
        • Feb 2011
        • 13835

        You need to advise:

        1) Is he a CA resident?

        2) Are any of his guns RAW in CA?

        3) Is he cognitive/coherent enough to work with you on a PPT transfer? An FFL could visit him in the hospital with you to do the 4473/DROS transfer paperwork. (Not sure that the guns actually have to be present at the hospital to do that if the FFL had them at their store no different than doing a consignment sale? May want to ask in the FFL section)

        4) For the above; does he have current ID/Drivers' License?

        5) Does he have a will?

        6) Is he able to give the guns to your wife (or husband?)

        7) Is said wife (or husband?) a prohibited person?
        -----------------------------------------------
        Originally posted by Librarian
        What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

        If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?

        Comment

        • #5
          MaliStaff
          Member
          • May 2014
          • 221

          Originally posted by bsim
          Dad to wife to you.

          Only way unless it's in a wll...
          How exactly would the transfer process differ if he transferred it to my wife, versus transferring it directly to me? I believe he will be establishing his will in the very near future.

          Comment

          • #6
            MaliStaff
            Member
            • May 2014
            • 221

            Originally posted by Garv
            If he becomes healthy enough to go to the gun store with you at some point hopefully soon he can just DROS them to you.
            Would he be willing to do that?

            Having a stroke or poor health in general does not prohibit someone from owning firearms.
            It's gotten really bad for him to the point where he's bed ridden, he can't walk, and barely coherent. I don't think he's in able condition to accompany me to an FFL.

            Comment

            • #7
              The Gleam
              I need a LIFE!!
              • Feb 2011
              • 13835

              Originally posted by MaliStaff
              How exactly would the transfer process differ if he transferred it to my wife, versus transferring it directly to me? I believe he will be establishing his will in the very near future.
              He can simply gift the guns to his daughter and self-complete a form off the DOJ/BOF website and mail it to the DOJ/BOF. No FFL needed. Here:

              Form BOF 4544A - Note there are 2 types:

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

              http://oag.ca.gov/sites/all/files/ag...orms/oplaw.pdf

              To transfer them to you, it has to go through and FFL by PPT or Consignment. The consignment plan, if an FFL is willing to get out from behind the counter and out of the shop to do some footwork on your behalf, sounds like the better option if the Father to Daughter intra-familial transfer is not possible for some odd reason.
              -----------------------------------------------
              Originally posted by Librarian
              What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

              If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?

              Comment

              • #8
                MaliStaff
                Member
                • May 2014
                • 221

                Originally posted by The Gleam
                You need to advise:

                1) Is he a CA resident? Yes

                2) Are any of his guns RAW in CA? No

                3) Is he cognitive/coherent enough to work with you on a PPT transfer? An FFL could visit him in the hospital with you to do the 4473/DROS transfer paperwork. (Not sure that the guns actually have to be present at the hospital to do that if the FFL had them at their store no different than doing a consignment sale? May want to ask in the FFL section) - This sounds like a possibility..

                4) For the above; does he have current ID/Drivers' License? Yes

                5) Does he have a will? Currently in the making.

                6) Is he able to give the guns to your wife (or husband?) Sure, I'm sure he could give them to my wife.

                7) Is said wife (or husband?) a prohibited person?
                my wife is not a prohibited person.

                Comment

                • #9
                  The Gleam
                  I need a LIFE!!
                  • Feb 2011
                  • 13835

                  Originally posted by MaliStaff
                  my wife is not a prohibited person.
                  OK - See my post above yours, along with links to the PDF of the the forms you need. Simple. No FFL needed, pending they aren't RAW items, and he's a CA resident/citizen.

                  You now have your best answer on how to go about this. That'll be $19.00.... not to me, to the Bureau of Fops.
                  Last edited by The Gleam; 08-31-2016, 11:24 PM.
                  -----------------------------------------------
                  Originally posted by Librarian
                  What compelling interest has any level of government in knowing what guns are owned by civilians? (Those owned by government should be inventoried and tracked, for exactly the same reasons computers and desks and chairs are tracked: responsible care of public property.)

                  If some level of government had that information, what would they do with it? How would having that info benefit public safety? How would it benefit law enforcement?

                  Comment

                  • #10
                    MaliStaff
                    Member
                    • May 2014
                    • 221

                    Originally posted by The Gleam
                    OK - See my post above yours, along with links to the PDF of the the forms you need. Simple. No FFL needed, pending they aren't RAW items, and he's a CA resident/citizen.

                    You now have your best answer on how to go about this.
                    Thanks Gleam - I appreciate all your help. I will proceed as such.

                    Comment

                    • #11
                      whatmeworry
                      Senior Member
                      • Sep 2008
                      • 708

                      I think wife will need a firearm safety certificate (FSA).

                      Originally posted by Kestryll
                      ......yes I'm an idiot

                      Comment

                      • #12
                        newbie1234
                        Veteran Member
                        • Feb 2016
                        • 3132

                        Do it before he kicks the bucket. Gift to your wife (intra-family transfer)
                        I MIL pass away, and she had couple hundred at Bank of America checking account, my wife try to close that account and almost a year now and still in the process, the BofA ask for many kind of papers that we don't have or we need the layer. I think give will give it up so the BofA can "EAT" that couple hundred buck.

                        Comment

                        • #13
                          MaliStaff
                          Member
                          • May 2014
                          • 221

                          Originally posted by whatmeworry
                          I think wife will need a firearm safety certificate (FSA).

                          http://oag.ca.gov/sites/all/files/ag...orms/hscsg.pdf
                          Yeah, I figure she would, given she'll be taking ownership via transfer. Thanks for the link.

                          Comment

                          • #14
                            Mitch
                            Mostly Harmless
                            CGN Contributor - Lifetime
                            • Mar 2008
                            • 6580

                            I'll second the n00b's point: Do what you can to make this happen before he dies. Using the OpLaw form it's so easy, your father in law doesn't even have to get out of bed. It is far simpler to deal with these things while he is still alive.

                            Hopefully he will recover, and if he does he will continue to have access to his firearms through his daughter. But if anything happens to him suddenly, this is one less thing you have to worry about.
                            Originally posted by cockedandglocked
                            Getting called a DOJ shill has become a rite of passage around here. I've certainly been called that more than once - I've even seen Kes get called that. I haven't seen Red-O get called that yet, which is very suspicious to me, and means he's probably a DOJ shill.

                            Comment

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