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Intrafamilial Transfer beyond 30 days?

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  • rogue01
    Junior Member
    • May 2010
    • 7

    Intrafamilial Transfer beyond 30 days?

    Hello

    I am educating myself on a few things and would like to some help.

    My grandfather, who was a California resident since the mid 1960s, passed away about 5 weeks ago (i.e more than 30 days ago). With arranging services, traveling for services (he lived in California but was laid to rest out of state), etc., I am now looking at getting all this paperwork completed.

    That is to say, I have not submitted the Report of Operation of Law or Intra-Familial Firearm Transaction form yet and it is beyond 30 days. I will need to go down and get my safety certificate still (my old HSC is expired now).

    My question is this: What happens if the transfer is not reported within 30 days? What recourse is there?
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44640

    Essentially CA is not making a big deal out of that.

    We hear no anecdotes on Calguns where any kind of negative result has been applied.

    So, file it as soon as you can.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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    • #3
      BAJ475
      Calguns Addict
      • Jul 2014
      • 5093

      Originally posted by rogue01
      Hello

      I am educating myself on a few things and would like to some help.

      My grandfather, who was a California resident since the mid 1960s, passed away about 5 weeks ago (i.e more than 30 days ago). With arranging services, traveling for services (he lived in California but was laid to rest out of state), etc., I am now looking at getting all this paperwork completed.

      That is to say, I have not submitted the Report of Operation of Law or Intra-Familial Firearm Transaction form yet and it is beyond 30 days. I will need to go down and get my safety certificate still (my old HSC is expired now).

      My question is this: What happens if the transfer is not reported within 30 days? What recourse is there?
      Your questions raise other issues. First, did your grandfather leave a will that disposed of his firearms? If not, how are you determining who gets them? Are you the only heir or the only heir that wants them? Are any of them assault weapons? The 30 day period would apply if your grandfather had transferred his firearms to you prior to his passing. Otherwise, there are different criteria and rules. If your grandfather had a will and you are the executor, you should direct your questions to the attorney who prepared his will.

      Comment

      • #4
        rogue01
        Junior Member
        • May 2010
        • 7

        Originally posted by Librarian
        Essentially CA is not making a big deal out of that.

        We hear no anecdotes on Calguns where any kind of negative result has been applied.

        So, file it as soon as you can.

        Thanks for the quick reply.

        I have another question: I just looked at the form and the "date acquired" field is troubling. I took possession of the firearms (both handguns and long guns) in 2013 when he moved from his home to my aunt's property. This was due to his not being able to live on his own anymore and there was no room in his new living space where he could store them.

        Not that it matters much, I imagine, but I have never fired them since I had them. I basically locked them up and kept them. There are two or three handguns he held onto for self defense. As we have not yet gone through all of his things, I do not have those yet.

        I want to honestly complete this form and I certainly want to comply with the law. Am I making too much out of this or does this complicate things a bit more?
        Last edited by rogue01; 05-10-2017, 9:55 PM.

        Comment

        • #5
          rogue01
          Junior Member
          • May 2010
          • 7

          Originally posted by BAJ475
          Your questions raise other issues. First, did your grandfather leave a will that disposed of his firearms? If not, how are you determining who gets them? Are you the only heir or the only heir that wants them? Are any of them assault weapons? The 30 day period would apply if your grandfather had transferred his firearms to you prior to his passing. Otherwise, there are different criteria and rules. If your grandfather had a will and you are the executor, you should direct your questions to the attorney who prepared his will.
          Thanks. There wasn't a Will. Nothing with respect to the firearms is in writing. It was all communicated verbally and no one in the family will contest it. No one else wants them. As I mentioned in the post above, I actually took possession of them in 2013, but he passed away 5 weeks ago. I am not aware of any law which would have applied to my storing them in 2013--though as you can tell, I am not well versed in this.

          Comment

          • #6
            sofbak
            Veteran Member
            • Aug 2010
            • 2628

            "Anecdotally"... no one at the doj is going to question the entry you place in the Date Acquired box on the op law form. ..Be your own judge.
            Tire kickers gonna kick,
            Nose pickers gonna pick
            I and others know the real

            Comment

            • #7
              guntrust
              CGN/CGSSA Contributor
              CGN Contributor
              • Jun 2009
              • 802

              Originally posted by Librarian
              Essentially CA is not making a big deal out of that.

              We hear no anecdotes on Calguns where any kind of negative result has been applied.

              So, file it as soon as you can.
              Suggest running eligibility check first. DOJ will.
              David R Duringer JD LL.M (Tax), CA/WA/TX atty
              CRPA Mag Must Retract Erroneous Bulletin Slamming Gun Trusts
              Radio ads: http://Protect.FM
              FREE training: http://guntrust.org
              FREE design meeting: http://Protect.LIFE

              Comment

              • #8
                rogue01
                Junior Member
                • May 2010
                • 7

                Originally posted by guntrust
                Suggest running eligibility check first. DOJ will.
                Eligibility check? what do you mean and how would I do that?

                Update: Oh. Do you mean a Personal Firearms Eligibility Check (PFEC)?
                Last edited by rogue01; 05-11-2017, 9:25 PM. Reason: update

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