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  • troyJPX
    Member
    • Nov 2009
    • 232

    Transfer firearms from a deceased relative

    How to transfer a firearms from a deceased relative that died by accident, One of my friend have a brother in law just recently passed away, he left behind my friend's sister and two teen age boys one 10 years old and 13 years old boy, all the guns are California Registered under my brother in laws name but I have always kept all his guns in my gunsafe because of his work, " he travels alot". Please help me how to keep all the guns or transfer under my name, I have talk to my sister and she agreed to give it all to me as long as it is legal.

    Many thnx and I would really appreciate all your help on this.
    Troy' s friend...KHIM
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30242

    The executor of the deceased estate can transfer the firearms via PPT.


    Brother and sister do a PPT of all the brother-in-laws' firearms.
    DROS + 10 day wait on firearms.
    Brother now owns firearms.
    Last edited by Quiet; 08-24-2010, 8:20 AM.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

    Comment

    • #3
      The Sauce
      Senior Member
      • Mar 2009
      • 731

      So is it YOUR brother in law, or your FRIENDS' brother in law?

      Comment

      • #4
        Flintlock Tom
        Veteran Member
        • Feb 2007
        • 3353

        I don't believe you need to do a PPT or involve an FFL at all.
        Just file this form: http://www.ag.ca.gov/firearms/forms/pdf/oplaw.pdf with one $19 fee for any number of guns.
        But, keep in mind the person receiving the handguns must have a Handgun Safety Certificate and not be prohibited from owning a handgun.
        "Everyone must determine for themselves what level of tyranny they are willing to tolerate.
        I let my CA residency expire in 2015."

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30242

          Originally posted by Flintlock Tom
          I don't believe you need to do a PPT or involve an FFL at all.
          Just file this form: http://www.ag.ca.gov/firearms/forms/pdf/oplaw.pdf with one $19 fee for any number of guns.
          But, keep in mind the person receiving the handguns must have a Handgun Safety Certificate and not be prohibited from owning a handgun.
          Negative.

          Form is only for transfers between grandparent - parent - child - grandchild.

          Since, none of the parties involved qualify, a CA FFL dealer must be used.
          sigpic

          "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

          Comment

          • #6
            Jbox
            Banned
            • Dec 2008
            • 1058

            Originally posted by Quiet
            Negative.

            Form is only for transfers between grandparent - parent - child - grandchild.

            Since, none of the parties involved qualify, a CA FFL dealer must be used.
            Not sure your correct on that one. From what I have been told since its an inheritance/probate issue its exempt from an FFL.

            In any case I asked the same questions and copied the link here so the OP can check out those reply's.

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30242

              Originally posted by Jbox
              Not sure your correct on that one. From what I have been told since its an inheritance/probate issue its exempt from an FFL.

              In any case I asked the same questions and copied the link here so the OP can check out those reply's.

              http://www.calguns.net/calgunforum/s...d.php?t=301165
              CA Penal Code 12078
              (c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
              (2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
              (A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
              (B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
              (C) The person receiving the firearm is 18 years of age or older.
              (3) As used in this subdivision, "immediate family member" means any one of the following relationships:
              (A) Parent and child.
              (B) Grandparent and grandchild.
              sigpic

              "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

              Comment

              • #8
                Jbox
                Banned
                • Dec 2008
                • 1058

                Originally posted by Quiet
                CA Penal Code 12078
                (c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
                (2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
                (A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
                (B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
                (C) The person receiving the firearm is 18 years of age or older.
                (3) As used in this subdivision, "immediate family member" means any one of the following relationships:
                (A) Parent and child.
                (B) Grandparent and grandchild.

                Comment

                • #9
                  Quiet
                  retired Goon
                  • Mar 2007
                  • 30242

                  Originally posted by Jbox
                  I'm not going to go back and forth all day with this. I just did this 2 months ago and everything worked out fine for me. That's not to say it will work out for the OP as everyone's situation is different and I definitely don't want to give out any legal advice. I'm just directing the OP to a thread I started about the same subject and letting him know how I handled it.
                  Your situation was different from his.

                  The firearms legally transfered to the sister upon death of brother-in-law.
                  Now it's a transfer from the sister to the brother.
                  PPT via FFL dealer is required for sibling to sibling firearm transfers.
                  sigpic

                  "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                  Comment

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