Father-in-law passed away

[tomlee337]

My father -in-law passed away about a year ago and just went through his old things and turns out that he owned rifles and handguns. I was wondering if anyone can point me in the right direction to see how I can transfer them to my name. My mother in law wants me to handle them because she knows that I have firearms of my own. Can someone point me in the right direction to transfer them? Thanks


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[SoCal Bob]

If she also lives in CA, then you can drive her to the nearest FFL where she can PPT them to you.

[Librarian]

If she also lives in CA, then you can drive her to the nearest FFL where she can PPT them to you.

Exactly right.

In-laws are not included in 'immediate family', so she cannot (as a CA resident) use the 'give you the guns and you file the OPLAW or CFARS form' path.

Similarly, even had FIL expressly designated those guns to you in a will, CA allows the no-FFL path only to 'immediate family'. Were the inlaws residents outside of CA, Feds would allow the inheritance to go interstate without the FFL but CA does not.

Roster does not apply to PPT. Handguns are not restricted to 1-in-30 in a PPT -- so long as you choose an FFL OUTside the City of LA.

Guns need not be registered to MIL to transfer to you, although she should have filed the OPLAW shortly after discovering the guns has passed to her.

[philobeddoe]

Sorry for your loss.

Why can't MIL give the firearms to her daughter,
then she can give them to her husband?

[CessnaDriver]

Sorry for your loss.

Why can't MIL give the firearms to her daughter,
then she can give them to her husband?

I think that is the least painful path.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

The dates when the laws took effect for reference....


''''''''''''''

01-01-1993 = Intra-familial transfers of handguns are required to be registered.
01-01-2014 = Intra-familial transfers of longs are required to be registered.

If the firearm* was transferred before the starting date, then it did not need to be registered.
*Handguns transferred before 12-31-1992.
*Long guns transferred before 12-31-2013.

[Librarian]

Sorry for your loss.

Why can't MIL give the firearms to her daughter,
then she can give them to her husband?

Because the PC tells us

27515. No person, corporation, or dealer shall sell, loan, or
transfer a firearm to anyone whom the person, corporation, or dealer
knows or has cause to believe is not the actual purchaser or
transferee of the firearm, or to anyone who is not the one actually
being loaned the firearm, if the person, corporation, or dealer has
either of the following:
(a) Knowledge that the firearm is to be subsequently sold, loaned,
or transferred to avoid the provisions of Section 27540 or 27545.

(b) Knowledge that the firearm is to be subsequently sold, loaned,
or transferred to avoid the requirements of any exemption to the
provisions of Section 27540 or 27545.

and PC 27590(c)

(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

(1) A violation of Section 27515, 27520, or subdivision (b) of Section 27500.

1170(h) is felony imprisonment.

(h) (1) Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.

If daughter actually wanted the guns, and the transfer to her was not a ruse to get them to her husband, mom to daughter would be fine.

Odds of that being detected? Don't know; wouldn't surprise me if it were fairly common.

You want to risk sending Mom to jail for "two or three years"?

[Califpatriot]

You want to risk sending Mom to jail for "two or three years"?

Some men would love to have a temporary break from their MIL.

[aspenvalley]

[aspenvalley]

Meant FIL.... I have not figured out how to edit on the mobile site.

[tomlee337]

[ACfixer]

Don't overthink it.

[tomlee337]

Don't overthink it.

[ACfixer]

Exactly. As of 2/20/18 your wife wants her dearly departed father's firearms, no ifs, ands, or buts about it. If that changes one day, cross the bridge then.

[Librarian]

Wife.

One form, list all the guns, one - ONE - fee for the whole list, not one fee per gun.

No DROS - that's the bene of the form. She does need the Firearms Safety Certificate - the form asks for the number. But the only place to get the FSC is at a CA FFL.

[GW]

Because the PC tells us and PC 27590(c) 1170(h) is felony imprisonment.

If daughter actually wanted the guns, and the transfer to her was not a ruse to get them to her husband, mom to daughter would be fine.

Odds of that being detected? Don't know; wouldn't surprise me if it were fairly common.

You want to risk sending Mom to jail for "two or three years"?

But California is a joint property state.
How does that fit in the equation, assuming no one is a prohibited person?