Inherit Firearms Question?

[MrExel17]

Hey Calguns,

I was wondering if some can walk me thru the steps of process?

I have a cuzin that is trying to get into firearms, his father-in-law was in the Navy and fews years back passed away.

When he was cleaning the garage he noticed a 1911 and a rifle. Now since he passed how is my cuzin able to transfer these firearms in his name?

Thanks!

[dls]

Since it's not an "Immediate" family member this probably applies.

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 handgun safety certificate.

(C)The person receiving the firearm is 18 years of age or older.

[Mssr. Eleganté]

We need some more info.

Who owns the firearms now? His mother-in-law?

What State is your cousin a resident of?

What State is the current owner a resident of?

Is your cousin still married to his father-in-law's daughter?

How old is the rifle?

[MrExel17]

We need some more info.

Who owns the firearms now? His mother-in-law?
Yes, the mother in law has it in her possession.


What State is your cousin a resident of?
California, Bay Area

What State is the current owner a resident of?
California

Is your cousin still married to his father-in-law's daughter?
Yes there still together and married.

How old is the rifle?

That I am not to sure.

[MrExel17]

btt

[dieselpower]

^ Dude...no one can give you an answer without knowing the facts. You BTT the thread without knowing the facts...

You want an answer....

1) The firearms need to be turned in to LEA for sale to the LEO.
2) The wife is now the legal owner (as long as none are AWs).
3) The owner can sell them or not, a SIL has no special rights.

If the firearms are AWs, they need to be destroyed at the very least the wife needs to contact a firearms attorney since she is now in possession of an unregistered AW.

[Flintlock Tom]

There are too many potential variables to answer your question. If you can provide the information indicated by Librarian we might be able to help you out.

[Librarian]

He answered - it was just buried
OP:

I have a cuzin that is trying to get into firearms, his father-in-law was in the Navy and fews years back passed away.

When he was cleaning the garage he noticed a 1911 and a rifle. Now since he passed how is my cuzin able to transfer these firearms in his name?

* Yes, the mother in law has it in her possession.

What State is your cousin a resident of?
* California, Bay Area

What State is the current owner a resident of?
* California

Is your cousin still married to his father-in-law's daughter?
* Yes there still together and married.

How old is the rifle?

MrExel17, the answers need to be set off from the questions; ordinarily, the answers go outside the quoted part, or get emphasized similarly to what I did above - so apologies, we didn't see your whole reply. (First time through, all my brain saw was "That I am not to sure. ")

The handgun is easy, but probably not what you expect. Mother may give the 1911 to her daughter via intrafamilial transfer - http://wiki.calgunsfoundation.org/in...Family_Members - and daughter/wife may give it to her husband/your cousin. A form to file with the state and a $19 fee. That's because mother-in-law to son-in-law is not within what the state calls 'family' for gun transfers.

Now - what make and model is the rifle? If it's a bolt action (not .50 BMG), Mom can just hand it to daughter - "Here you go, enjoy" - no paperwork involved.

If the rifle is semi-auto, then we have to worry if it might be a California 'assault weapon'. See the flow chart - http://www.calguns.net/caawid/flowchart.pdf 'Assault weapons' cannot be transferred inside California and they can open a huge can of worms. Just for information, and I hope it does not apply, see http://wiki.calgunsfoundation.org/in...ult_weapons%22

I suggest the intrafamilial route, because the situation as described does not sound like inheritance; that is, there is no mention of a will or a probate order for the distribution of the estate.