Another inheritance question with a few unique circumstances...

[NotAMotard]

Haven't posted in quite a while, but CG expertise is required for my dilemma.

My father-in-law recent passed and had quite an extensive collection of firearms including multiple pre-ban rifles. Ownership passes to my mother-in-law who has stated her intent to give them to me. Aside from the few we will keep for sentimental reasons, once I take legal possession, I will sell the other firearms and give her the proceeds to deal with bills and other expenses (just feels wrong to keep the money). The odd circumstance is that I am active duty military stationed in California, but have Virginia residency as does my wife.

I am certainly not going to risk my freedom or career by accepting or selling illegally, but navigating how to do so is rather confusing. Any advice on how to go about conducting the sale would be greatly appreciated. I will probably sell to a California resident (as long as it is legal) as I think the pre-ban and off roster firearms will garner a bigger price tag and thus, bigger return for my mother-in-law.

Thanks for any advice.

[Librarian]

Of what state is MIL a resident?

As military with presumably PCS orders to CA, both CA and Federal law deem you a resident of CA for gun buying/selling purposes. You are NOT a VA resident for those purposes, and doing gun things as if you were could Lead To Problems.

If MIL is not a CA resident, then what you have is an interstate transfer, requiring an FFL; since MIL is not your immediate family (but likely is immediate family to your wife), such transfer would be subject to the Roster.

Now, the messy part: CA law and Federal law acknowledge the PCS-state residency only to the service-member. That's nuts, of course. That leaves your wife in a kind of limbo, where she's not clearly a CA resident, but she's here in CA.

Time to consult a lawyer on that.

If she would be a CA resident, then Mom could give guns to Daughter, and Roster would not apply to handguns.

As to 'pre-ban' rifles, if those should happen to be 'assault weapons' as of 2017-2018 law, those can't come to CA at all.

[NotAMotard]

1) MIL (and FIL for that matter) are both CA residents.

For clarification, all weapons which I am iffy about owning were purchased in CA in the 70's and 80's and have never left the state.

[Quiet]

For clarification, all weapons which I am iffy about owning were purchased in CA in the 70's and 80's and have never left the state.

If they are make/model banned, then they were required to be registered as assault weapons before 1-01-1991.

If they are registered assault weapons, then the executor of the deceased's estate can legally take possession of them and dispose of them within 90 days. [PC 30655]
^The executor of the estate must do one of the following:
~A. Make them permanently inoperable (destroy the receiver).
~B. Sell them to a CA FFL dealer with an assault weapons permit.
~C. Take them out-of-state for storage or to transfer them through an out-of-state FFL dealer.

It they are make/model banned and they are not registered assault weapons, then nothing can be done to make them CA legal.
^The only legal option for the executor of the estate is to arraign to have them surrendered to law enforcement for destruction.

[Librarian]

1) MIL (and FIL for that matter) are both CA residents.

For clarification, all weapons which I am iffy about owning were purchased in CA in the 70's and 80's and have never left the state.

Pace the note from Quiet, that simplifies things a lot.

MIL can PPT the guns to you - Roster does not apply, but unfortunately 1-handgun-in-30-days does apply.

If one could establish that your wife is also a CA resident, could use the OPLAW doc, or the CFARS function, to transfer all the (legal) guns from her mom to her. No Roster, no FFL, no waiting.

She (wife) would also need a Firearms Safety Certificate.

Then, wife could sell the guns as you plan, give you the few that are sentimental value.

[NotAMotard]

First off, I greatly appreciate all of the info as it gives me places to verify and do my own additional research.

Secondly, I am going to talk to my wife about her residency status. I filed a change of residency, but it was only mine name on the paperwork so unless she has met the same requirements as I have she may still be a CA resident (obviously need to look into this further to see if OPLAW and CFARS transfers apply). Additionally, I need to verify the weapons were registered appropriately with CA before probate concludes and everything is transferred to my MIL. If it hasn't been registered....well, then out of state transfer to someone who will hold until I leave the state is probably the way to go.

[Librarian]

Note that before 2014, long guns were not registered as a side-effect of DROS, and 'registered' is not a legal requirement for any guns other than 1990 and 2000 'assault weapons'. (Those last cannot be transferred inside CA.)