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?
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Ownership Transfer after Death
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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
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legal advice, which can only be given by a lawyer.Comment
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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...Comment
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