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Ownership Transfer after Death

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  • gunho89
    Junior Member
    • Sep 2008
    • 11

    Ownership Transfer after Death

    My grandfather gave me a pistol as a gift and he recently passed away before we could make the transfer. How does the transfer work now?
  • #2
    BP88
    Banned
    • Apr 2008
    • 1730

    Is it in his will? I believe you could probably take that down to a PD or something and have them write you something up for the transfer. Sorry to hear about your grandfather's passing.

    Comment

    • #3
      gunho89
      Junior Member
      • Sep 2008
      • 11

      Thats the problem, its not

      Comment

      • #4
        hawk1
        In Memoriam
        • Dec 2005
        • 7555

        The executor of his estate, the person handling the disbursements, can do it. Could be your mom or dad if he didn't have a will.
        sigpicNRA LIFE MEMBER

        Comment

        • #5
          bwiese
          I need a LIFE!!
          • Oct 2005
          • 27610

          Originally posted by gunho89
          My grandfather gave me a pistol as a gift and he recently passed away before we could make the transfer. How does the transfer work now?
          Sorry about your loss. If gramps was in CA/resident, you're OK. Relax.

          Lineal intrafamily transfers (grandparent/parent/child/grandchild) are exempt from FFL requirement (per a subsection of 12078PC - prob (c) or (d), don't remember offhand).

          As a handgun recipient, all you have to do is:
          • ensure the firearm is not an AW or other prohibited gun;
          • not be a 'prohibited person' (felon, violent misdemeanant, etc.);
          • hold a valid HSC (Handgun Safety Certificate) card;
          • Any handguns do not have to be Rostered (i.e, on list of handguns approved for sale) either.
          • within 30 days, complete intrafamily transfer paperwork (see DOJ BoF "Forms" webpage) and pay a fee ($19).



          [The last 3 items are not relevant for long guns.]

          Now, if gramps was not in CA and was still alive, then the transfer should have gone thru a CA FFL per Federal law.

          However, if things are in probate/inheritance (or "close enough", at least in time), an FFL is not needed for such transfers from executor - and again CA says a CA FFL is not needed either. So just follow the above steps in the list.

          Bill Wiese
          San Jose, CA

          CGF Board Member / NRA Benefactor Life Member / CRPA life member
          sigpic
          No postings of mine here, unless otherwise specifically noted, are
          to be construed as formal or informal positions of the Calguns.Net
          ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
          employer. No posts of mine on Calguns are to be construed as
          legal advice, which can only be given by a lawyer.

          Comment

          • #6
            Moonclip
            Veteran Member
            • Jan 2004
            • 4390

            I was written is my dads will as sole inheritor. I assume when he passes, all I have to do is send in that form and the $19 with all the handguns listed and I'm ok? How long would I have after his passing to do so?

            I was told in a doj phone call though that while not necessary, if I will be listing a lot of handguns a copy of the will should probably be included with the large list I would have to send in.
            .22short .22lr .22mag .25acp .32acp .32H&Rmag,.35rem .30carbine
            7.62x25Tok 7.62x38r .380acp .38S&W .38spl 9x18Mak 9mmPara .35rem
            9mmLargo .38super .357mag .40S&W 10mm .41mag .44spl .44mag
            .45acp .45LC 6.5Carcano 7.7Japanese 7.62x54r 6.5Swede,6.5x54r
            .30-40Krag 7.5French 8x57Mauser .223Rem 7.62x39 .410bore .30-30
            20ga 12ga .303British 8x56r 7.5x55Swiss .30-06...

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