Interstate inheritance question

[Fjold]

The law (State and Federal) says that an interstate inheritance does not have to go through an FFL.

http://wiki.calgunsfoundation.org/Inheriting_firearms,_both_within_California_and_Interstate

For the executor to ship the guns directly to the beneficiary:

1.) Does the beneficiary have to be related to the deceased?

2.) What paperwork is required for the executor or the beneficiary for the transfer of handguns from the interstate bequest?

3.) Does the benficiary have to possess a HSC? (or LTC)

Thanks for any information.

[Mssr. Eleganté]

1. If the beneficiary is named in the will then they do not need to be related.

2. There is no federal paperwork specific to firearms and California doesn't require an out of state executor to do any paperwork. For handguns the beneficiary needs to send in the OpLaw form to CalDOJ along with $19.

3. If there are any handguns then the beneficiary needs an HSC.

Starting in 2014 they will have to send in the OpLaw report for long guns too.

[Fjold]

Thanks,

I have an unusual situation in that the Executor told me that my father-in-law wanted me to have the handguns but I am not named in the will. So I guess he will have to ship the guns to Wifezilla (FIL's daughter) and she'll have to get a HSC first.

Another question that I just thought of:

If after getting her HSC, Wifezilla and I visit the inlaws, can she just pick up the guns, bring them back herself and do the Oplaw form when she gets back to California?

[Librarian]

Thanks,

I have an unusual situation in that the Executor told me that my father-in-law wanted me to have the handguns but I am not named in the will. So I guess he will have to ship the guns to Wifezilla (FIL's daughter) and she'll have to get a HSC first.

Another question that I just thought of:

If after getting her HSC, Wifezilla and I visit the inlaws, can she just pick up the guns, bring them back herself and do the Oplaw form when she gets back to California?

Yes, she can do that.

[Fjold]

Thanks again guys, I appreciate the help.

[Flintlock Tom]

I believe the law says the executor of the estate can disburse the assets, including guns. It does not say you have to be named in the will.

[Mssr. Eleganté]

I believe the law says the executor of the estate can disburse the assets, including guns. It does not say you have to be named in the will.

The Gun Control Act says that if you aren't named in the will then you need to be getting the guns via "intestate succession" in order to avoid fereral FFL transfer requirements. There's no way to acquire anything by intestate succession if you are not related to the deceased. A 3rd cousin would beat out a best friend or long time live-in girlfriend. That's one of the reasons having a will is so important.