Family Death and Transfer

[Korgerhardt]

Hello all. This is my first post to this forum. I checked out the rules and lurked a bit while waiting for activation, so I hope this isn't the wrong place. I'm looking for some advice.

My father was an avid gun collector for most of his life. He taught me how to shoot, hunt, and safely operate firearms from a young age. Three months ago, at 62 years old, he was diagnosed with liver cancer and passed away last week. In that time we did all that we could to make sure the guns were taken care of. We (mostly I in the end) catalogued all of them with name, model, serial #, and ammo type. Now that he's gone I've got to step up and figure out the logistics of how to legally transfer them - but there's a lot I'm hazy on. Any assistance or recommendations would be appreciated.

1. Is a paperless or regular intra-family transfer form preferable? Is there a limit to family transfers per year? I've been told yes and no.

2. My father had damn near every firearm registered. But in the end I learned that one particularly pretty piece, a pistol, was not registered. I'm unclear of its exact story, but I believe it ultimately made its way into his possession from the military decades ago. Is there any way to get such a firearm legally transferred and therefore out of limbo in an event like this?

3. In 2016 he "built" two Colt AR-15 knockoffs. They were legal when he constructed them but they were never taken out or updated as he had no time the past couple years. They're still fitted with a bullet button, but he told me that he had several mag-locks to update them to current regs. I'd be looking for any go-to document to guide one in making these weapons legal for this state. If I can't, I'll just dismantle them temporarily until a time I can figure it out.

Any help is appreciated. Thanks

[M1NM]

Registered doesn't matter on the pistol - he probably got it before that law went into effect.

For the ARs take a look at the flow chart. I'd probably just convert them to featureless. It's rumored they will open the BB AW registration again but featureless saves you a lot of trouble and makes them easier to sell at some point. https://www.calguns.net/caawid/flowchart.pdf

The transfers may be limited to the "less than 6 transactions" per year rule - but a transaction may contain multiple guns so it would only be one transaction if you lumped them all together.

The OPLAW form has an Estate Executor box for Acquired From. But if he gifted them to you prior to his death I'd just say father to son. Either way an FFL does not need to be involved in the transfer. You will need and FSC card. https://oag.ca.gov/sites/all/files/a...orms/oplaw.pdf

[Korgerhardt]

What law are you referring to about the pistol? I don't even know what decade it was that he acquired it. It could have been 5 years ago or 30 for all I know, so I'd be going for the safest option regardless.

Appreciate the AR chart and clarification on the transactions. Would lumping 10 guns into one of those transaction forms pile on 10 fees onto one form? I'm unsure of the financial impact of transferring them all at once or separately.

Luckily we got all of our FSC cards before he passed, so I'll look into that tonight. Thank you.

[edgerly779]

nO NEED TO PROVE OWNERSHIP OR REGISTRATION OF HANDGUNS OR ANY FIREARMS. aRS MUST BE cA COMPLIANT OR SEPARATED upper and lowers. Was there a will? Is mom still alive to intrafamilial transfer.

[MOA squirrel]

The Oplaw $19.00 fee is good for all 10 or more firearms on the form not 10x19. I've been told

[4DSJW]

My condolences on your dad's passing. There is info missing that is needed to determine what should be done with the guns. Was there a will? If there was no will, and your mother is still alive, then the firearms legally belong to her. Also, is all this happening in CA, or in another state?

[enorbit3]

Sorry for your loss. Welcome to CG

[Korgerhardt]

There's a lot of guns but I don't know what info is relevant. There was a will, but I'm not sure what gun-related info was in it, if there was any at all. His wife, my mother, is still alive, but I've been told that the inter-familial transfer is necessary. This is the first I'm hearing that it isn't required? This is in California.

[ohsmily]

It sounds like a substantial collection. Worth a half-hour to one-hour consult with an attorney who specializes in firearms law. Michel & Associates (including of counsel Jason Davis), Bruce Colodny, or myself (916)399-3486 are good options to ensure you are in full compliance and the easiest and proper way to inherit these guns.

[Oldmandan]

There's a lot of guns but I don't know what info is relevant. There was a will, but I'm not sure what gun-related info was in it, if there was any at all. His wife, my mother, is still alive, but I've been told that the inter-familial transfer is necessary. This is the first I'm hearing that it isn't required? This is in California.

[morrcarr67]

There's a lot of guns but I don't know what info is relevant. There was a will, but I'm not sure what gun-related info was in it, if there was any at all. His wife, my mother, is still alive, but I've been told that the inter-familial transfer is necessary. This is the first I'm hearing that it isn't required? This is in California.

Sorry for your loss.

IF you plan on keeping the firearms then all you need to do is fill out the OpLaw form or file them online on the CFARS website, I prefer the CFARS site. You will need a Firearms Safety Certificate (FSC) to complete the transfer. You will pay the state $19 for the transfer. You may transfer as many firearms as you need to for the one $19 fee.

If using the form print out multiple copies of the form and fill them out with the information one each firearm. Mail in all of the forms together and pay one $19 fee. If you're going to use the CFARS website I recommend that before you start you go to the personal information section and fill out all the information there about yourself. That way it will auto populate that info into the form for the transfer. You will complete one form for each firearm you are transferring. Once done you will go to the check out and pay the $19 fee.

Once you have done this you have complied with CA law as written. CA will send you a confirmation letter some time between 6 and 66 months. There is no law saying that they have to send you the confirmation letter. There is no law that says you need to wait for the confirmation letter to use your new firearms. Do not worry if it takes a long time for the letter or if it never comes.

If the Executor of the Estate is planning on selling the firearms they can list them for sale or consign them to a dealer for sale. There is an exemption to the transfer limit when liquidating and Estate. The Executor would need to meet the buyer at a licensed dealer to complete the transfer.

If they are going to consign them they would deliver them to the dealer and fill out all the forms at them time they drop them off. If there are many firearms to be deposed of I recommend that they call the dealer and talk with them before they go in. It takes time to go through all the firearms and forms so it's best that an appointment is made so that both the dealer and the Executor know they have each others full attention.

As for the one firearms that may not be registered, don't worry about it. There was a time in this state when there was no mandatory registration. There are many "unregistered" firearms in the state, I have a couple myself. When they changed the law they did not make us register our unregistered firearms. The law only requires registering them going forward from that that date. So when you sell or take possession of it and do a legal transfer it will now be registered with the state and they will be all warm and fuzzy about it.

[4DSJW]

There's a lot of guns but I don't know what info is relevant. There was a will, but I'm not sure what gun-related info was in it, if there was any at all. His wife, my mother, is still alive, but I've been told that the inter-familial transfer is necessary. This is the first I'm hearing that it isn't required? This is in California.

Ohsmily is right, to get the correct info, consult a lawyer. In general, if there is a valid will, that determines what is supposed to happen to your father's property. Any firearms that are a part of the will, can be given directly to the recipients without using an FFL, I don't believe the intra-familial transfer is necessary, though recipients of handguns are supposed to have a valid CA FSC, iirc.

Anything NOT specified in the will, is legally required to go to his wife, by CA law, if they were married at the time of his passing. If the firearms go to your mom, and she wants to give them to her kids, then a intra-familial transfer can be done to her biological or adopted, children or grandchildren (no step-children, nephews/nieces/cousins/etc.).

Personally I would not fill out ANY paperwork on the CADOJ website, until your know for sure, what and how, any of this can legally be done.

[Korgerhardt]

A couple updates. My uncle is well acquianted with a gun lawyer who has agreed to talk with me about my father's collection. However, there was no will. My father had my mother as the beneficiary for everything. Unfortunately they didn't have anything legal for the guns written down. I'm not trying to bypass my mother. She's just dealing with a dozen other things to do with his passing and I know more about the firearms than she does. I'm trying to figure this out for her so she can can deal with everything else.

Thanks everyone for your condolences and your advice. It is greatly appreciated.

[ohsmily]

A couple updates. My uncle is well acquianted with a gun lawyer who has agreed to talk with me about my father's collection. However, there was no will. My father had my mother as the beneficiary for everything. Unfortunately they didn't have anything legal for the guns written down. I'm not trying to bypass my mother. She's just dealing with a dozen other things to do with his passing and I know more about the firearms than she does. I'm trying to figure this out for her so she can can deal with everything else.

Thanks everyone for your condolences and your advice. It is greatly appreciated.

Great news. Who is the gun attorney with whom he is well acquainted? What part of the state? There are only a handful of true gun specialists.

[4DSJW]

Korgerhardt, well, that simplifies things greatly. The firearms BELONG TO YOUR MOTHER. There is noting that has to be done, they are hers. Nothing has to be registered, unless there is an AW (assault weapon), there is no paperwork that needs to be done for her. If she wants to gift the firearms to her children or grandchildren, then you can help her with all of that.