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  • pantera52
    Member
    • Mar 2009
    • 445

    Inheriting firearms

    My father in-law passed away a while back and we may be inheriting a rifle and

    few handguns. What is the legal process to go about this?

    Thanks in advance for any information.
    7.62x39
  • #2
    Purple K
    CGN/CGSSA Contributor
    CGN ContributorCGN Contributor - Lifetime
    • Dec 2008
    • 3101

    Rifles and shotguns are not registered in California, so as long as you are not a prohibited person you can just take possession. The pistols could be transferred to your wife via intranet-family transfer. If any of the weapons are "assault weapons" or WWII war prizes contact an attorney that specializes in firearms.
    sigpic

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    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30241

      Originally posted by jberen52
      My father in-law passed away a while back and we may be inheriting a rifle and few handguns. What is the legal process to go about this?

      Thanks in advance for any information.
      If your father-in-law and your wife are both CA residents...

      ... your wife can just take possession of the rifle [PC 12078(c)(1)] and within 60 days of taking possession of the handguns, she needs to send in a Report of Operation of Law or Intra-Familial Handgun Transaction report with $19 to CA DOJ BOF [PC 12078(c)(2)].



      Penal Code 12078
      (c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
      (2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
      (A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
      (B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
      (C) The person receiving the firearm is 18 years of age or older.
      (3) As used in this subdivision, "immediate family member" means any one of the following relationships:
      (A) Parent and child.
      (B) Grandparent and grandchild.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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      • #4
        sfwdiy
        Senior Member
        • Feb 2008
        • 2146

        Originally posted by Purple K
        Rifles and shotguns are not registered in California, so as long as you are not a prohibited person you can just take possession. The pistols could be transferred to your wife via intranet-family transfer. If any of the weapons are "assault weapons" or WWII war prizes contact an attorney that specializes in firearms.
        Close, but not quite.

        In this case it's an "operation of law" transfer. Just fill out the form and send it with a check for $19 to the DOJ.

        --B
        Need data recovery? CLICK HERE for a discount on your next recovery from DriveSavers!

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