Legal to keep deceased person's guns??

[madcat66]

Recently, one of my relatives' close friends passed away.
In her home, they found a shotgun, which she had apparently purchased. I say "apparently" because nobody ever told me if it was registered to her or not; i am assuming she bought it.

My relative, knowing me to be interested in guns, just gave it to me with a "here, you will probably get more use out of this than i will".

It is in brand new condition, works great.
My question:
is there any problem with me keeping it? do I need to somehow get it registered in my name? If so, how do I do that? Can I get fined, arrested, etc. for posessing it?
Thanks for any help.

[Sinixstar]

Keep in mind while reading all of this : You don't have to register shotguns or rifles.

The question really becomes one of transfer rather than registration. I don't know the details of transfers in the case of death - but you may want to look into that aspect of it. That's the part that I think could hang you up.

Since neither of you are direct relatives or next-of-kin to the deceased - you would want to establish some sort of legal right for your relative to take possession of ANY of her belongings, gun included. The gun would get transferred to your relative as part of that process. Your relative is then the legal owner, and can PPT it to you.

But again, there's no registration requirement for shotguns.

[Chris M]

Recently, one of my relatives' close friends passed away.
In her home, they found a shotgun, which she had apparently purchased. I say "apparently" because nobody ever told me if it was registered to her or not; i am assuming she bought it.

My relative, knowing me to be interested in guns, just gave it to me with a "here, you will probably get more use out of this than i will".

It is in brand new condition, works great.
My question:
is there any problem with me keeping it? do I need to somehow get it registered in my name? If so, how do I do that? Can I get fined, arrested, etc. for posessing it?
Thanks for any help.

Find out the age of the firearm, using the Make, Model, and Serial number (using Google to look up cross references). If it's over 50 years, you're good to go. If it's less than 50 years old, your best bet is to get the son/daughter (Parent/Child Transfers of longguns are the only legal non-documented transfers) of the deceased to transfer it to you via a licensed dealer. You'll pay the PPT (Private Party Transfer) fee, and have to wait 10 days - but you'll be legal.

[edit]
Just realized that the person that gave you the gun wasn't related to the deceased. Follow the advice of the post above mine, from Sinixstar.

[madcat66]

Keep in mind while reading all of this : You don't have to register shotguns or rifles.

The question really becomes one of transfer rather than registration. I don't know the details of transfers in the case of death - but you may want to look into that aspect of it. That's the part that I think could hang you up.

Since neither of you are direct relatives or next-of-kin to the deceased - you would want to establish some sort of legal right for your relative to take possession of ANY of her belongings, gun included. The gun would get transferred to your relative as part of that process. Your relative is then the legal owner, and can PPT it to you.

But again, there's no registration requirement for shotguns.

OK, so let me see if i understand correctly.
It doesn't need to be registered to me since it doesnt need to be registered at all, but I need to establish how i got it? right?

Again, can I get in trouble for not doing the above?
Am I required to be able to prove(by paperwork) that I am the owner of the gun? (i.e. i get pulled over for speeding, cop sees gun cases through the window, and asks if they are mine)
Kinda confused on this.

[Chris M]

Admitting on a public forum that you intend to break the law isn't such a wise idea.

The only advice you will get on this forum is to abide by the law.

Long guns do not need to be registered. If you intend to keep it, you better hope it doesn't show up as stolen, if an LEO ever runs the serial number.

Your best bet is to get it transferred to you legally.

[madcat66]

Admitting on a public forum that you intend to break the law isn't such a wise idea.

The only advice you will get on this forum is to abide by the law.

Long guns do not need to be registered. If you intend to keep it, you better hope it doesn't show up as stolen, if an LEO ever runs the serial number.

Your best bet is to get it transferred to you legally.

No intention of breaking the law, just confused on what it is in this instance. I will look into getting it transferred into my name.
Thanks for the advice.

[Sinixstar]

OK, so let me see if i understand correctly.
It doesn't need to be registered to me since it doesnt need to be registered at all, but I need to establish how i got it? right?

Again, can I get in trouble for not doing the above?
Am I required to be able to prove(by paperwork) that I am the owner of the gun? (i.e. i get pulled over for speeding, cop sees gun cases through the window, and asks if they are mine)
Kinda confused on this.

Possessing it is not in fact illegal. If you had this gun in the back of your closet - and the cops stopped by to take a look around, they're not going to haul you off just for having it.

What is/would be illegal is the transfer from Dead Person -> Your Family Member -> You without going through an FFL.
You don't need to establish how you got it. You just have to do the transfer through an FFL, so mommy, i mean the DOJ knows you're not a prohibited person.

[JDay]

OK, so let me see if i understand correctly.
It doesn't need to be registered to me since it doesnt need to be registered at all, but I need to establish how i got it? right?

Again, can I get in trouble for not doing the above?
Am I required to be able to prove(by paperwork) that I am the owner of the gun? (i.e. i get pulled over for speeding, cop sees gun cases through the window, and asks if they are mine)
Kinda confused on this.

When you PPT a long gun the serial is not entered on the DROS form that goes to the state. However if you want to legally own the firearm you need to have the executor of the estate transfer it to you. The family may even want to keep it. As of now the firearm is stolen.

[bohoki]

if there is no one to complain i don't see any problems

but not a lawyer so as usual batteries not included

[ysr_racer]

Better send it to me just to be safe

[Quiet]

The executor of the deceased's estate can transfer the firearm to you via PPT.

[Sinixstar]

The executor of the deceased's estate can transfer the firearm to you via PPT.

Basically, yes.

The impression i'm getting - is that there isn't much in terms of 'estate' if it's a 'friend of a relative'. I guess you could call the relative the executor of the estate. Again - going back to my first post though - the relative would need to come up with some kind of documentation to back that up I would think.

If there's no next of kin - and no will - it's kind of a gray area. If it's not a direct family transfer it has to go through an FFL for the relative to even legally take it. Without some sort of legal documentation though - that's pretty much impossible...

[cannon]

Can't the OP just fill out the self registration form and pay the $19?

[Librarian]

Can't the OP just fill out the self registration form and pay the $19?

No.

Except for some limited circumstances, firearm transfers in California MUST use an FFL. See this article at the Calguns Foundation Wiki.

[Rob454]

W. However if you want to legally own the firearm you need to have the executor of the estate transfer it to you. . .

yes you should have it registered in your name but its not required ( gotta LOVE our contradictory laws)

As of now the firearm is stolen.

LOL its NOT stolen. Unless you mean he got it for free stolen. A cop can run the ID of the gun all day long. UNLESS the family or the estate executor calls it in stolen its not a stolen gun.