Inheritance of Firearms (Need Advice)

[IXTango]

Hey guys and gals,

First of all I apologize if I'm not posting this in the right place. I was recommended to post on here by an employee of my local firearms dealer.

My situation is as follows:

I'm a resident of Orange County, Southern California, and my Uncle (a resident of Colorado) just recently passed away. He had about six 1911 handguns, and 5 hunting shotguns. My grandmother and father are executors of his estate and they want me to take all of the guns. As I don't have use for so many, I would like to sell most of them.

However, I know I cannot do this without some sort of transfer of ownership so to speak.

I have searched all over and haven't been able to find much help. I did get in touch with the BATFE, who gave me a number to a disconnected line, so no help there.

Any bit of help would be greatly appreciated.

Thanks All!

[SkyHawk]

Welcome to Calguns! Mods will come move this to the appropriate forum which is 'How CA laws apply to me'.

First let us know what area of the state you are in so we can suggest FFLs to deal with if it becomes an issue.

In short, the guns just need to be shipped to a FFL here, and since you will have some handguns that are likely not on the 'CA Safe Handgun Roster' they will need to be accompanied by some documentation from the executor. If they were not specifically willed to you in writing, it may raise some other issues or nuance.

Others will chime in with good info. You will get the answers you seek - standby.

[SkyHawk]

PS - also note that the marketplace forums here are arguably one of the best, if not the best ways to sell your guns. No commission on the sale, and a huge pool of buyers. All sales will be handled at a FFL for a small ($10 according to state law) fee that is usually paid by the buyer.

[Librarian]

The shotguns, no problem.

The 1911s, maybe.

Looks like the guns were not explicitly willed to you by your uncle. ('Grandparents ... want me to take...')

You will need to have G&G ship the guns to a CA FFL; it will have to be an interstate transfer, and the 1911s will have to be on the Roster or the FFL cannot transfer them to you.

Uncle - > nephew is not in the silly narrow description of 'immediate family', so cannot be an intrafamilial transfer.

However, there might be a work-around.

My grandmother and father are executors of his estate and they want me to take all of the guns.

IF they were to take possession of the guns themselves, under CO law, then they could use the Roster-exempt intrafamilial transfer - grandparent - > grandchild IS in the definition. Still have to use the CA FFL, and you would need to locate one that understands intrafamilial interstate transfer.

See also the wiki --
Inheritence - http://wiki.calgunsfoundation.org/In...and_Interstate

Intrafamilial transfer - http://wiki.calgunsfoundation.org/Tr...Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/Tr...rms_Interstate

[SkyHawk]

Also note that if your dad takes possession of the 1911's first then gives them to you via interstate intrafamilial transfer, I believe they will be subject to the one handgun per 30 days law - which means you will need to find a FFL willing to hold them while you transfer them to yourself once every 30 days; or have your dad send one every 30 days, which could get expensive because they must be shipped overnight FedEx or UPS unless he finds a FFL in his area willing to send them for less $$, because FFLs can legally use USPS and cheaper shipping options to send handguns.

Anyhow, here is a lot more reading if you're inclined: https://www.google.com/search?q=exec...ww.calguns.net

https://www.google.com/search?num=20&rlz=1C2GGGE_en___US483&q=executor+will+bequest+firearms

Let us know exactly what pistols you have coming your way, and we can tell you which if any are exempt from the roster. If no one back in CO can tell you exactly what you have, then have them send photos and the members here can tell you everything you need to know, likely down to the year they were made

[IXTango]

Thank you guys so much for the quick responses!

With the advice of both of you, I've determined that the best bet will be to have my grandmother take legal possession of the firearms via Colorado state law (Since they belonged to her son, I don't think there will be an issue). Then I will have her send them to an FFL local to me for an Interstate Interfamilial Transfer.

I will post back with all the information I get, as it might help others as well.

[glock_this]

Why no just have them sell them in CO? Lots of cost and effort to transfer guns only to sell them. Why aren't they capable of selling ppt at a local ffl? They are going to have to go to a local ffl anyway. If you plan to keep it's different, but all of this to knowingly just flip them?

[Dvrjon]

Thank you guys so much for the quick responses!

With the advice of both of you, I've determined that the best bet will be to have my grandmother take legal possession of the firearms via Colorado state law (Since they belonged to her son, I don't think there will be an issue). Then I will have her send them to an FFL local to me for an Interstate Interfamilial Intrafamilial Transfer.

I will post back with all the information I get, as it might help others as well.

INTRA familial. There is an important difference

[Oneaudiopro]

I just went through this myself. First, you don't need to go through a FFL for the transfer if the relative is deceased. Second, none of the handguns need to be on the roster. If you have them shipped from CO, you will have to use a FFL, but if you went to CO yourself, you can probably bring them back yourself. After you take possession, you will have to register them through the DOJ website. Hope this helps.

[Quiet]

I just went through this myself. First, you don't need to go through a FFL for the transfer if the relative is deceased. Second, none of the handguns need to be on the roster. If you have them shipped from CO, you will have to use a FFL, but if you went to CO yourself, you can probably bring them back yourself. After you take possession, you will have to register them through the DOJ website. Hope this helps.

Since the OP's relationship to the deceased is not one of immediate family (grandparent-parent-child-grandchild), the firearms need to be transferred to him through a CA FFL dealer.

[jdubs71]

Why no just have them sell them in CO? Lots of cost and effort to transfer guns only to sell them. Why aren't they capable of selling ppt at a local ffl? They are going to have to go to a local ffl anyway. If you plan to keep it's different, but all of this to knowingly just flip them?

^^^This. Makes more sense to sell them there, less headaches and money out of your pocket just to turn around and sell them anyway. I'm sure your Grandmother can have them sold on consignment at a local gun shop. Just my .02, sorry for your loss.