Question regarding transporting guns into California

[Sparks57]

As I'm new to the forum, I apologize up front if I'm posting my question(s) in the wrong spot. My 98 year old grandfather lives in Colorado (by himself with his dog and guns), and has a nice collection of guns he wants me to have.
He's a WWII vet, and a great man, I'm honored to call him my grandfather.
Anyway, he has both rifles and handguns. I think I understand how to transport the rifles, I can ship them to a dealer (like OC Armory) or drive them out. But he has several hand guns, how do I register them? He's had some since the 1940's, so I doubt they are registered.

He also has boat load of ammunition, can ship that to California? Or should I just plan on driving everything back?

Once I get them I'll post pictures.
Some of the guns he wants me to take are:M1 Gerand, M1 Carbine, replica Muzzle Loader, his old police revolver (from the 1940's), lever action Marlin, .357 Magnum

Any input would be great, these guns are family treasures to me, so I want to be sure to keep them in the family and not loose them to probate or to the government for transporting them incorrectly.

[Sullivan]

Sorry I don't know the legalities. But I had to comment on how nice, historic and interesting a collection it is!

I did think I heard that if you moved to California you had 60 days to register it or something like that.... not sure if that is correct.

But it sounds like you live here already - so that might complicate that.

I'm guessing you would have to ship them to an FFL (the hand guns) but I would hate to have to ship something so valuable that might never make it there.

I think you can just drives rifles in - but sounds like some might be "assault rifles"

I see your dilemma - I hope someone here has the answers

- on a side note... Personally I'd try to get the rifles in without an FFL... no point in telling the California Gov that you have guns while they are working hard to take guns away from people.

With the hand guns you probably have to.

[Librarian]

You can't legally go get them.

He can send all of them - long guns and handguns - to a CA FFL and transfer them there.

See http://www.calguns.net/calgunforum/s...d.php?t=503873

If he has a will, and designates you as the recipient of the guns, and then he should pass on (may that day be as far in the future as he would want!) that would be inheritance, and no FFL needed.

[JDay]

You'll also need to make sure none of the firearms are classified as assault weapons in California.

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[sigstroker]

A lot of those guns sound like a "curio & relic" firearm. If either the grandfather or OP gets a C&R FFL can they not avoid some of the bureaucratic nonsense?

[JDay]

They'd both need a C&R FFL. They would still need to be registered with the state too since it'll be next year before they could get those. The ammo and the muzzle loader can be shipped without any FFL involvement.

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[Jeffventura]

If you drive them in, they became your guns in Colorado when your Grandfather gifted them to you. Do not let Kalifornia laws cloud the issue. Colorado law is what matters if you are in Colorado for the transfer. You would only be importing your own property. You would have 30 days to register them with the DOJ once entering the Peoples Republik of Kalifornia. IMHO

[fiddletown]

If you drive them in, they became your guns in Colorado when your Grandfather gifted them to you. Do not let Kalifornia laws cloud the issue. Colorado law is what matters if you are in Colorado for the transfer. ....IMHO

Your Humble Opinion is so humble that it is dead wrong.

Because we are dealing with a transfer from a resident of one State to a resident of another, what matters is federal law. And federal law requires that transfer be done through an FFL.

Librarian provided the correct information in post 3. If the OP and his granfather do what you suggest both of them could go to federal prison for up to five years, be fined and lose their gun rights for the rest of their lives.

And here is the whole federal law story on interstate firearms transfer (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

1. Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
   
   
2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
   
   
3. In the case of long guns (i. e., rifles and shotguns), it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
   
   
4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. Here's what the statutes say:

   18 U.S.C. 922. Unlawful acts
   
   (a) It shall be unlawful—
   ...
   
   (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
   

   (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
   
   (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
   
   (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

   
   ...
   
   (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
   

   (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
   
   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   
   ....
   
   (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
   ...
   
   (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
   

   (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
   
   (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   
   ...

[Sparks57]

Thanks for all of the input, we ending up shipping them as the Librarian had suggested. All successfully home now. Thanks again for all of your input. I don't want to list all the guns, but one of them was a WWII M1 Carbine. I took it our to Raahauges yesterday, and we shot about 200 rounds. My 11 year old son is claiming the carbine as his own. Needless to say we had a blast.
We also shot a single action colt .22lr revolver, another fun gun.