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Inheriting/Gifting from family

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  • vtatds
    Junior Member
    • May 2013
    • 4

    Inheriting/Gifting from family

    My dad passed away 14 years ago. He had several rifles and handguns. I live here in CA and my mom lives in FL. She finally has decided to get rid of them. They were always intended for us kids. I don't know that they are specifically referenced in a will.

    My sister is coming out to visit and bringing them to me. I'd say there are 6-8 rifles and 3-4 handguns. A couple of the rifles were my grandfathers. I have a list somewhere, I'll have to dig that up.

    Please correct me if I'm wrong in understanding. From what I've read here and in the wiki, it is not illegal to own them without registering them? I do need an HRC? I don't need to worry about the rifles at all in either regard?

    I don't even know if all or any of them were ever registered.

    My main concern is being able to take them hunting and indoor/outdoor shooting without being non-compliant legally.

    Any help/info is appreciated.

    Thanks.
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44696

    Whoa!

    Interstate transfer of firearms needs to use an FFL in CA; your sister cannot legally take the guns from FL to CA and give them to you.

    Unless ...

    ... there exists a will from your deceased grandfather specifying you were to receive a list of specific guns; inheritance after proper execution of a will is exempt from the FFL requirement in both Federal and California law.

    Perfectly reasonable that Mom might have held them for a while; however, if the guns went to Mom, instead of to children, now Mom would be transferring from herself to the children - and that does require the FFL.

    See also the Calguns Foundation Wiki articles on

    Intrafamilial transfer - http://wiki.calgunsfoundation.org/Tr...Family_Members

    Interstate transfer - http://wiki.calgunsfoundation.org/Tr...rms_Interstate
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      vtatds
      Junior Member
      • May 2013
      • 4

      So, according to the InterState IntraFamily, they can bring them, they just have to be held by and FFL. Provided I can find one that will accept shipment from a non-licensed person. Is that correct? And for handguns, I'll need a gift letter from my mother. (I don't believe anything specific is mentioned in the will)

      What about the registering issue. My gut says I don't want to register them. I see the benefits. But, what are the drawbacks, if any. My thinking is I don't want to see something that's been in the family for 70 years get nabbed by the gov't.

      Also, am I correct in understanding that the issue here is interstate transport?

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44696

        Running the guns through the FFL means doing all the FFL procedures - Federal 4473, California DROS. As much as CA does to register by maintaining the info submitted through DROS, handguns will be registered, but if this is accomplished in 2013, long guns will NOT be registered.

        Yes, the problem is interstate transfer; were these from one CA resident to another, simply filing the operation of law paperwork for the handguns would suffice.

        The only benefit I see is avoiding prosecution for violating Federal law on interstate transfer of firearms.
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

        Comment

        • #5
          vtatds
          Junior Member
          • May 2013
          • 4

          Thanks Librarian. I appreciate your help.

          Comment

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