Gun registration question

[welldriller]

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?

[bassbones]

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

[BKinzey]

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.

[redcliff]

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.

[Librarian]

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.

[BigPimping]

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

[redcliff]

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.

[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

[Mssr. Eleganté]

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.

[Librarian]

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.

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.

[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...

[redcliff]

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!

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.