Non-Roster Inherited Pistol. Register?

[Steamboatsig]

I might be getting an inheritance consisting of a non-roster pistol from Nevada. Will I need to register it if I get it?

Thank you in advance.

[Chewy65]

Yes. While federal law exempts this kind of an interstate transfer from using an FFL, CA law will not allow a resident to import a handgun from out of state that is not first delivered to a CA FFL. That means you do not bring it to the FFL but is sent to him from out of state by common carrier. Should you do otherwise, it is a felony.

Then, the FFL will only deliver the pistol to you if the transaction in exempt from the roster. The exemption that might apply to a non-LEO is the intra familiar exemption for transfer between grandparent and grandchild or parent and child. If that applies, the FFL will register the gun with DOJ but you will get it after DROS.

[Steamboatsig]

Wow. Sounds like a pain. If the gun is a non-roster pistol, what will the FFL do with the gun? Will they confiscate it?

[Librarian]

Depends on from whom you might be inheriting.

If it would be a parent or grandparent, such a sad event creates an intrafamilial transfer, and the Roster does not apply.

Other relationships are not intrafamilial, so the transfer through a CA FFL, required by CA law (since the Feds think inheritance is exempt from FFLs), will apply the Roster.

I believe the FFL would try first to return it. Be sure the FFL knows it's coming.

[Chewy65]

Wow. Sounds like a pain. If the gun is a non-roster pistol, what will the FFL do with the gun? Will they confiscate it?

The FFL cannot confiscate it. Like Librarian says, the FFL is supposed to return it to the transferor. If they cannot, they turn it over to the police. Make sure that these details are worked out with the FFL before it is shipped, since some don't know what they are doing. Also, their transfer fees are not set by law, so agree on the transfer fee in advance. (The DROS charge payable to the DOJ is set, but not the fee charged by the FFL.)

You may want to ask on the Calguns FFL forum about locating a good local FFL.

[Quiet]

I might be getting an inheritance consisting of a non-roster pistol from Nevada. Will I need to register it if I get it?

Thank you in advance.

If it's an acutal inheritance (person giving is deceased and the person receiving is named in the deceased's will) from an "immediate family member" [PC 16720] or a spouse/registered domestic partner; then Federal and CA laws allows for the CA resident to travel out-of-state, acquire the firearm, and bring it back to CA. Within 30 days of returing to CA, the CA resident must report the inheritance to CA DOJ. [PC 27875(b) & 27920(c)]

Because a CA FFL dealer is not utilize, there is no requirement that the handgun be listed on the Roster of Handguns Certified for Sale or be exempt from it.

Firearms acquired in this method need to be CA legal (can not be an assault weapon, DD, MG, NS, SBR, SBS) and can not include any large capacity magazines.



Summary:
If you are named in the deceased's will as recipient of the firearm(s) and the deceased is a grandparent/parent/child/grandchild/spouse/registered domestic partner and the firearm(s) are CA legal; then it is legal (under Federal and CA laws) for you to travel out-of-state, acquire the firearm(s), and bring them back to CA. Within 30 days of returning to CA, you must report the firearm(s) to CA DOJ.





Penal Code 16720
As used in this part, “immediate family member” means either of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.

Penal Code 27585
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(b) Subdivision (a) does not apply to or affect any of the following:
(6) A person who complies with subdivision (b) of Section 27875.

Penal Code 27875
(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person 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.

Penal Code 27920
(c) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm.
(2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990.
(3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person 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.
(4) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.