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Inherited Shotgun I would like to bring home to CA.

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  • surfNshoot
    CGSSA Rimfire Coordinator
    • Mar 2008
    • 1444

    Inherited Shotgun I would like to bring home to CA.

    My Father passed away back in April. I've inherited his Winchester shotgun that he used when we use to go pheasant hunting as a teenager.

    My question is since it is an inherited firearm can I fly up to WA. and bring it back with me? Do I need any form of official documentation such as a copy of his death certificate in case any questions come up?

    I understand that if he was still alive and it is a gift it must go via FFL route. However from what I've read since he is diseased it falls into the category of inherited.

    Am I understanding the process correctly or is my understanding of my research skewed?
  • #2
    P5Ret
    Calguns Addict
    • Oct 2010
    • 6362

    If it was actually in a will that it goes to you, then there is no problem. Give the state the $19 with an OPlaw form good to go.

    It get's sticky and is above my pay grade if there is no will, on how that is handled.

    Comment

    • #3
      SkyHawk
      I need a LIFE!!
      • Sep 2012
      • 23495

      Sorry for your loss.

      If it was bequeathed to you and your father passed, you can go get it or have it mailed. As noted, you would file the OPLAW form.
      Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

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      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Originally posted by surfNshoot
        My Father passed away back in April. I've inherited his Winchester shotgun that he used when we use to go pheasant hunting as a teenager.

        My question is since it is an inherited firearm can I fly up to WA. and bring it back with me? Do I need any form of official documentation such as a copy of his death certificate in case any questions come up?

        I understand that if he was still alive and it is a gift it must go via FFL route. However from what I've read since he is diseased it falls into the category of inherited.

        Am I understanding the process correctly or is my understanding of my research skewed?
        Because this is a bequeath, it is granted an exemption to the Federal laws requiring the use of a FFL. [18 USC 922(a)(3)(A) & (a)(5)(A)]

        WA laws grants an exemption to requiring a WA FFL dealer to transfer a firearm that is being inheritied within 60 days of the owner being deceased. [RCW 9.41.113(h)]

        CA laws grants an exemption to requiring a CA FFL dealer to be utilized in order to legally import a bequeathed firearm acquired out-of-state by a CA resident, as long as it is reported to CA DOJ within 30 days of the transfer. [PC 27585(b)(6) & 27875(b)]


        Therefore, it is legal under Federal, WA, and CA laws...
        1. To go to WA.
        2. Acquire the firearm from the deceased's estate.
        3. Bring that firearm to CA.
        Last edited by Quiet; 08-23-2019, 7:45 AM.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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        • #5
          surfNshoot
          CGSSA Rimfire Coordinator
          • Mar 2008
          • 1444

          Originally posted by Quiet
          Because this is a bequeath, it is granted an exemption to the Federal laws requiring the use of a FFL. [18 USC 922(a)(3)(A) & (a)(5)(A)]

          WA laws grants an exemption to requiring a WA FFL dealer to transfer a firearm that is being inheritied within 60 days of the owner being deceased. [RCW 9.41.113(h)]

          CA laws grants an exemption to requiring a CA FFL dealer to be utilized in order to legally import a bequeathed firearm acquired out-of-state by a CA resident, as long as it is reported to CA DOJ within 30 days of the transfer. [PC 27585(b)(6) & 27875(b)]


          Therefore, it is legal under Federal, WA, and CA laws...
          1. To go to WA.
          2. Acquire the firearm from the deceased's estate.
          3. Bring that firearm to CA.
          Thank you for the very detailed explanation of all areas of concern. Now to find a locking gun case for transport.

          Comment

          • #6
            edgerly779
            CGN/CGSSA Contributor
            CGN Contributor
            • Aug 2009
            • 19871

            If it was not willed to you properly then it must go to ffl here for registration. Look up interstate intrafamilial. Did the trustee or executor notify you it is yours? If not then your mom can gift it to you and send it to ffl here.

            Comment

            • #7
              edgerly779
              CGN/CGSSA Contributor
              CGN Contributor
              • Aug 2009
              • 19871

              If your anywhere near sfv I will lend you a long rifle hardcase I have several.

              Comment

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