Inheriting a .22 caliber rifle

[kjrj]

Hello,

I am currently a 20 year old college student living in Santa Barbara and have recently gained interest in firearms. My experience so far has only been reading online and educating myself.

What I am here to ask is:
My father passed away 8 years ago and left a .22 caliber rifle at home. I am unsure of its specifications; however I think it is a great opportunity for me to be introduced to firearms. I have done some research and concluded that it is not necessary for me to submit any registration for a rifle of this caliber, but it is recommended. Before pursuing this any further, however, I wanted to seek the advice of someone more experienced in order to stay within the bounds of the law.

Thanks!

[Quiet]

Need more information.

1. Who currently possess the firearm?
2. What State is home located in (in CA or in another State)?

[kjrj]

My mother currently posses the firearm and it is located in California.

[Quiet]

Your mother is the current owner and can transfer it to you via intra-familial gift. [PC 27875(a)]
1. You need to obtain a Firearm Safety Certificate (FSC).
2. Your mother hands the firearm to you.
3. Within 30 days of accepting the firearm, you report it to CA DOJ. This is accomplished by you submitting a completed Report of Operation of Law or Intra-Familial Firearm Transaction (BOF 4544A) to CA DOJ BOF.


Penal Code 27875
(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, 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 reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.

[Quiet]

I have done some research and concluded that it is not necessary for me to submit any registration for a rifle of this caliber, but it is recommended.

Laws changed on 01-01-2014.

Before 01-01-2014, only handguns had to be reported.

Starting 01-01-2014, all firearms (handguns & long guns) need to be reported.

[Oceanbob]

Hey!

Welcome to Cal Guns young man. Stick around.

[kjrj]

I see that changes were made rather recently. Thank you very much for even providing the details.

[johnthomas]

It sounds more complicated than it is. Just download the form that quiet posted. Go down to big five and take the test. You are new to this, so go here, study and take the sample tests. Piece of cake.

http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/hscsg.pdf?

[SonofWWIIDI]

Welcome.

If you're dad passed away 8 years ago, and specifically left you the rifle in a will or other legal document, then it was yours at that time. And no registration is required. If there was no legal document stating that it was left to you specifically, prior to the change in the registration laws, then you would have to go through the familial transfer BS.

At least that's the way I understand it. But IANAL. If I'm incorrect, I'm sure that someone will come along to correct me soon.

Good luck.

[fiddletown]

Welcome.

If you're dad passed away 8 years ago, and specifically left you the rifle in a will or other legal document, then it was yours at that time. And no registration is required. If there was no legal document stating that it was left to you specifically, prior to the change in the registration laws, then you would have to go through the familial transfer BS.

At least that's the way I understand it. But IANAL. If I'm incorrect, I'm sure that someone will come along to correct me soon....

Based on what the OP wrote, there's no reason to assume that the father left a will or expressly gave the gun to the son in a written will. A will would have needed to be filed in court for probate, and an executor appointed. The executor would have been responsible for distributing, under court supervision, the decedent's property in accordance with the will.

Most likely, again based on what the OP wrote, there was no will, in which case the gun became the property of the widow by intestate succession.

Therefore, the procedure described by Quiet in post 4 would most likely need to be followed.

[kjrj]

You are correct. There was no formal will written.

Because my mother gained ownership of the gun in 2006 when she became windowed, is it necessary for her to first report it to the DOJ (post January 2015) under her name before giving it to me?

If she has not done so yet, is she currently holding the firearm illegally?

Edit: I may have found the answers to my questions

A person living in California will not need to register their currently owned firearms. However, starting today, whenever a long gun is transferred through a dealer it will automatically be registered to the receiving individual (PC 11106 and 28160).

For transactions that do not require a dealer, as of today, the recipient of the long gun will need to register the long gun with the California Department of Justice (see generally PC 27860-28000).

[Quiet]

You are correct. There was no formal will written.

Because my mother gained ownership of the gun in 2006 when she became windowed, is it necessary for her to first report it to the DOJ (post January 2015) under her name before giving it to me?

No.

Before 01-01-2014, there was no requirement to report the acquisition of a long gun via Operation of Law (spouse to spouse transfer).

[Mickey D]

I am impressed how articulate the OP writes for his age.

Welcome to the forum.