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  • welldriller
    Member
    • Jan 2012
    • 138

    Gun registration question

    How do I register a handgun that was a gift from a deceased person?
    He gave me the gun and suddenly died.
    Dont have any paperwork just the gun.
    Any ideas?
    Last edited by welldriller; 07-25-2013, 7:23 PM. Reason: added handgun
  • #2
    bassbones
    Senior Member
    • Jun 2010
    • 642

    Long gun or hand gun.. And if your unsure you can go fishing with me and ... Well... You know

    Comment

    • #3
      BKinzey
      OT Banned
      CGN Contributor
      • May 2009
      • 4390

      Go to the DOJ/ firearms web site. download the form, fill it out and send it in with the fee, which I think is $19.
      Rogue American, Media Mercenary.
      "A firearm is just a tool. Any tool can be used as a weapon, but the most powerful weapons were written."

      Comment

      • #4
        redcliff
        Calguns Addict
        • Feb 2008
        • 5676

        Originally posted by welldriller
        How do I register a handgun that was a gift from a deceased person?
        He gave me the gun and suddenly died.
        Don't have any paperwork just the gun.
        Any ideas?
        Unless the deceased was your parent/grand parent/child you need to have the executor of the estate do a proper transfer at an FFL to you. It's against the law for someone other than the relations above to give you a handgun, and even with the self registration form for an intra familial transfer you need to possess an HSC or CCW.
        "You keep using that word. I do not think it means what you think it means."
        "What we get away with isn't usually the same as what's good for us"
        "An extended slide stop is the second most useless part you can put on a 1911"

        "While Ruger DA revolvers may be built like a tank, they have the aesthetics of one also,
        although I suppose there are a few tanks which I owe an apology to for that remark"

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44660

          Originally posted by redcliff
          Unless the deceased was your parent/grand parent/child you need to have the executor of the estate do a proper transfer at an FFL to you. It's against the law for someone other than the relations above to give you a handgun, and even with the self registration form for an intra familial transfer you need to possess an HSC or CCW.
          Inaccurate.

          An 'operation of law', as an inheritance where a gun is properly distributed according to probate law or the wishes of the decedent, is an exception to the requirement to use an FFL.

          As a counter-example, if the executor had been directed to dispose of the property for cash (to give to inheritors) then the FFL would be needed for that sale.
          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

          • #6
            BigPimping
            CGN Contributor
            • Feb 2010
            • 21459

            ^^^^^^
            Truly a wealth of information.
            sigpic

            PIMP stands for Positive Intellectual Motivated Person

            When pimping begins, friendship ends.

            Don't let your history be a mystery

            Comment

            • #7
              redcliff
              Calguns Addict
              • Feb 2008
              • 5676

              Originally posted by Librarian
              Inaccurate.

              An 'operation of law', as an inheritance where a gun is properly distributed according to probate law or the wishes of the decedent, is an exception to the requirement to use an FFL.

              As a counter-example, if the executor had been directed to dispose of the property for cash (to give to inheritors) then the FFL would be needed for that sale.
              Thanks for the correction Librarian, although possibly you misunderstood my use of the word "give" in my answer as the firearm was possibly illegally transferred prior to the "giver" passing; which excludes it from being an inheritance and makes it a gift. That would make the intra-familial language the relevant question wouldn't it? Failing that test it would seem the proper course is to treat the "giving" as a loan and have the firearm properly transferred by the Executor if he/she felt the OP owning the handgun was the wish of the deceased.

              I understand the use of the operation of law form if the firearm was truly a bequest in a will or the OP was a successor but we don't really know if that applies given that the firearm was transferred prior to death, just as we don't know if the OP is intra-familial.
              Last edited by redcliff; 07-26-2013, 9:59 AM.
              "You keep using that word. I do not think it means what you think it means."
              "What we get away with isn't usually the same as what's good for us"
              "An extended slide stop is the second most useless part you can put on a 1911"

              "While Ruger DA revolvers may be built like a tank, they have the aesthetics of one also,
              although I suppose there are a few tanks which I owe an apology to for that remark"

              Comment

              • #8
                welldriller
                Member
                • Jan 2012
                • 138

                Librarian,

                Thank you for the reply. Actually he wanted me to give me the gun but I didn't want to take it. Then he asked me to store it for him while he was on vacation.
                I guess you would call it a temporary loan.

                Thanks again

                Comment

                • #9
                  Mssr. Eleganté
                  Blue Blaze Irregular
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 10401

                  Return it to the executor of his estate so that it can be disributed according to his will or according to California's laws of intestate succession.
                  __________________

                  "Knowledge is power... For REAL!" - Jack Austin

                  Comment

                  • #10
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44660

                    Originally posted by redcliff
                    Thanks for the correction Librarian, although possibly you misunderstood my use of the word "give" in my answer as the firearm was possibly illegally transferred prior to the "giver" passing; which excludes it from being an inheritance and makes it a gift. That would make the intra-familial language the relevant question wouldn't it? Failing that test it would seem the proper course is to treat the "giving" as a loan and have the firearm properly transferred by the Executor if he/she felt the OP owning the handgun was the wish of the deceased.

                    I understand the use of the operation of law form if the firearm was truly a bequest in a will or the OP was a successor but we don't really know if that applies given that the firearm was transferred prior to death, just as we don't know if the OP is intra-familial.
                    You're right - I missed that 'prior' circumstance. In that case, your analysis is correct - should have been a transfer through an FFL. OP did not mention 'family' at all. Apologies.

                    Originally posted by welldriller
                    Librarian,

                    Thank you for the reply. Actually he wanted me to give me the gun but I didn't want to take it. Then he asked me to store it for him while he was on vacation.
                    I guess you would call it a temporary loan.

                    Thanks again
                    Return it to the executor of his estate so that it can be disributed according to his will or according to California's laws of intestate succession.
                    I think this is the right answer.
                    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

                    • #11
                      jbt56
                      Member
                      • Jan 2010
                      • 123

                      Not that I have any legal training whatsoever, but it sounds to me like this 'hypothetical' gun is registered plenty already. No one can take what doesn't exist...

                      Comment

                      • #12
                        redcliff
                        Calguns Addict
                        • Feb 2008
                        • 5676

                        Originally posted by Librarian
                        You're right - I missed that 'prior' circumstance. In that case, your analysis is correct - should have been a transfer through an FFL. OP did not mention 'family' at all. Apologies.
                        No apologies necesary Librarian, your advice and postings have been invaluable to me and many others on this board and I thank you!



                        Originally posted by jbt56
                        Not that I have any legal training whatsoever, but it sounds to me like this 'hypothetical' gun is registered plenty already. No one can take what doesn't exist...
                        Theres a difference between what you can get away with and what is legal. Plus doing it right prevents problems down the road for the OP imho.
                        "You keep using that word. I do not think it means what you think it means."
                        "What we get away with isn't usually the same as what's good for us"
                        "An extended slide stop is the second most useless part you can put on a 1911"

                        "While Ruger DA revolvers may be built like a tank, they have the aesthetics of one also,
                        although I suppose there are a few tanks which I owe an apology to for that remark"

                        Comment

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