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father died owned pistiol????

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  • somiskid
    Senior Member
    • Mar 2009
    • 1028

    father died owned pistiol????

    Hey guys

    A buddy of mines dad died and he owned a pistol. Just wondering what the process would be to get into the sons name legally. The pistol was purchased in.1998 in california.

    Thanks guys
  • #2
    tacticalcity
    I need a LIFE!!
    • Aug 2006
    • 10825

    I am far from an expert but I would call a local gun shop or FFL. I am not certain but I think with a handgun a DROS is still required. They will do it for a small fee. If it were a long gun I think he could just keep it without any paperwork, but I don't think you can do that with handguns. Not legally anyway.

    Comment

    • #3
      bwiese
      I need a LIFE!!
      • Oct 2005
      • 27621

      - Was there a will and the gun (or pool of assets to which the gun
      belonged) was specifically left to the kid?

      - If father died intestate (without a will), do the laws of succession
      in the state in which he died provide that the son get the gun (either
      specifically, or as part of a pool of assets that son gets)?

      If the sister is, say, actually supposed to get the gun but doesn't want it, it's not really an inherited gun - the son's really getting it from his sister! (Unless sister during probate - and I'm doing some informal handwaving here - disclaims and it falls back into pool that the executor can distribute at his discretion, if terms of will are written that way) - and this can play hell with Rostering.

      If the son is the only living next-of-kin and no mom around, that keeps things simple.

      Inherited/bequeathed guns per 18 USC 922 do not need a receiving or supplying FFL to cross state lines transferring to valid (per above). CA law has provisions for non-FFL true inheritance/bequeathed guns as well - and handguns received need to be filed under Operation of Law form with $19 fee, and recipient must have valid HSC.

      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

      • #4
        dantodd
        Calguns Addict
        • Aug 2009
        • 9360

        As an inheritance, there is no need to go to an ffl. Just fill out an "Operation of Law" form and send in the fee. You can get the form on the AG's website.
        Coyote Point Armory
        341 Beach Road
        Burlingame CA 94010
        650-315-2210
        http://CoyotePointArmory.com

        Comment

        • #5
          magsnubby
          Senior Member
          • Oct 2005
          • 669

          Comment

          • #6
            littlejake
            Senior Member
            • Aug 2008
            • 2168

            I believe OPLAW form is correct for this:

            Life Member NRA and 2A Foundation.
            My posts are my own opinions and do not reflect those of any organization I am a member of.
            Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

            "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
            William Pitt (1759-1806)

            Comment

            • #7
              magsnubby
              Senior Member
              • Oct 2005
              • 669

              Originally posted by littlejake
              I believe OPLAW form is correct for this:

              http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf
              You're correct. That's the second time i've clicked on the wrong one. I think i need new glasses.

              Comment

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