Uncle in Nevada has my Deceased Fathers firearms, legal help?

[BNZMauser]

Is there a way I can get my fathers guns transferred legally to me in Ca? Most are no longer on the Roster. Will models make a difference? I know, no normal/standard sized mags and firearms banned by name. I'll list 2 I would really like to get in my possession, his Favorite MKII ruger 22 and a PMR-30. If anyone has links or areas to read I'll educate myself also. Thanks in advance. I've been away from gun laws for 4-5 years and lots has changed.

[edgerly779]

Not from your uncle not family as regards familial transfer.

[baih777]

Was there a will or living trust?

[BAJ475]

Not from your uncle not family as regards familial transfer.

He said guns belonged to deceased father. There are exceptions for executors.

[Quiet]

Sounds like his uncle is the executor of his father's estate, since he is in current possession of the firearms.

If the firearms are listed on his father's will to be bequeathed to him, then the firearms can be transferred as an inheritance.
^Handguns exempt from needing to be listed on the Roster of Handguns Certified for Sale.

If the firearms are not listed on his father's will to be bequeathed to him, then it's a transfer from his uncle.
^Handguns are required to be listed on the Roster of Handguns Certified for Sale.

[BNZMauser]

I found an old thread about this but it was more angled towards gifting firearms. A lot of talk was about Fathers, Mothers but as my father is deceased my uncle is in possession of the firearms. We have the same names first and last I'm not sure if that makes any difference. I think I will call a local FFL and have my uncle do the same in NV. If anyone wants to ad to this feel free for future.

[P5Ret]

How and why does your uncle have them? Is he the executor of the estate, were they willed to him? It matter's how he got them when it comes to you getting them.

[Quiet]

I found an old thread about this but it was more angled towards gifting firearms. A lot of talk was about Fathers, Mothers but as my father is deceased my uncle is in possession of the firearms. We have the same names first and last I'm not sure if that makes any difference. I think I will call a local FFL and have my uncle do the same in NV. If anyone wants to ad to this feel free for future.

Under CA laws...

Transfers of handguns from immediate family members are exempt from needing to be on the Roster of Handguns Certified for Sale. [PC 32110(b)]

Immediate family members are family members that are of a grandparent, parent, child, or grandchild relationship. [PC 16720]

Aunts, uncles, cousins, brothers, sisters, nieces, nephews, and step-relations are not considered immediate family members.
So, any transfers of handguns from them needs to be listed on the Roster of Handguns Certified for Sale or be exempt from it (C&R, SAE, SSE2).

If the firearms are not listed on your father's will to be bequeathed to you, then it's a transfer from your uncle and the handguns will need to be listed on the Roster of Handguns Certified for Sale or be exempt from it.

[warbird]

The same names should not be of any benefit if the dates of birth are on any California DOJ documents for you and your relative. The FFL people won't do you any good simply because they yield to states. california is making harder and harder to inherit guns from family outside of California and even more so if they are not on the ever changing rooster that the state political DOJ keeps changing. My father and I had the same names and it did not help even forty years ago when it came to this state's screwed up DOJ.

[Quiet]

How and why does your uncle have them? Is he the executor of the estate, were they willed to him? It matter's how he got them when it comes to you getting them.

What he said.
It's required important info that determines how Federal and State (NV & CA) laws apply.

[BNZMauser]

When he passed I was young, I gave executor to my Grandmother as she lived in Nevada (easier for her to handle the estate). The guns are/were listed in his will but at the time I wasn't a collector and owned pretty much the same guns purpose wise, most are hunting rifles, shotguns, but there are pistols I'd like to have now with me but leaving them there isn't a big deal. I'll get them some day.. California would be so great if it was a free state... thanks to all who helped.

[Chewy65]

Details are important. Without them it is difficult if not impossible to unscramble things. Details such as what state you were a resident of when GP passed, the state in which he passed, to whom the guns were left in the will, was there a probate case, its outcome, and is grandma still with us? Grandma could possibly gift the guns to you as an interstate intrafamily gift. Uncle cannot.

[sawman]

Pull up the the list of forms from Atorney generals office about firearms . Look at the inter family transfer form . And what it asks about relation ship of the person transferring the gun to you . See what is required of the person transferring gun to you . Im sure your father by expressing his wishes for you to have those guns meets those requirements even now. Don't make it harder read between the lines !!!

[fiddletown]

....Im sure your father by expressing his wishes for you to have those guns meets those requirements even now.....

What balderdash. Do you have a scinitial of legal authority to support that nonsense?

And as Chewy65 pointed out, the details are important. Based on what the OP wrote in posts 6 and 11, it's quite possible that the facts would ultimately support the inference that the OP turned down the inherited guns (a beneficiary under a will may decline to accept an inheritance) and the guns then went to the uncle. Was the uncle the residuary beneficiary under the will?

So with the guns now in the possession of a resident of another State, any transfer would, under federal law, need to go through a California FFL.

[edgerly779]

This has been answered several times if you were not in will and uncle is not executor you are sol.. Uncle not family.