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  • JM101
    Junior Member
    • Jun 2015
    • 2

    Inheritance Questions

    7 years since I logged into Calguns, thanks for keeping on folks.

    My dad passed away recently and left behind a collection. He lived in Nevada, I am a resident of and live in Ca.

    I am guessing that the BOF 4544A Report of Operation of Law or Intra-Familial Firearm Transaction will solve some -if not all- of my dilemma, but I wanted to post on here for some additional insights or considerations I might not have had.

    Perhaps the sticky bit? He had no will and I -the executor of the estate- gave his property to the county as it had minimal value. This means there was/is no probate.

    Onto the inquiry, hopefully I left enough info above.

    So, where to go from here? Fill out the 4555A form send it to DOJ along with my $19 and everything will be peachy?
    I appreciate the time for folks to add their thoughts.

    While on the topic, he also gave me a long gun prior to 2014, he was always researching Ca laws. My understanding is I don't need to do anything in terms of reporting on that correct?
  • #2
    Spanky8601
    Senior Member
    • Apr 2010
    • 2252

    Corrected by below posters.
    Last edited by Spanky8601; 07-24-2023, 11:25 PM.
    May I always be the type of person my dog thinks I am

    Comment

    • #3
      Garv
      RSG Minion, Senior
      CGN Contributor - Lifetime
      • Apr 2014
      • 9009

      Make sure whatever you want to bring in is California legal.
      Ask here as needed.

      Magazines are 10 rounds max.
      If they are larger and you still need them, they can be blocked before bringing them into California.

      Lots of changes with ARs in particular.
      Originally posted by Kestryll:
      It never fails to amuse me how people get outraged but fail to tell the whole story in their rants....

      Comment

      • #4
        BAJ475
        Calguns Addict
        • Jul 2014
        • 5093

        Originally posted by Spanky8601
        Nevada to CA you are going to need the service of a FFL. (Federal Law)
        What federal law? This is an inheritance.

        Comment

        • #5
          one*eyed*jack
          CGN/CGSSA Contributor
          CGN Contributor
          • Jul 2010
          • 575

          I believe this is intestate succession and it is exempt from requiring an FFL federally, 18 USC 922(a)(5)(A).

          Also exempt from needing an FFL in CA. PC 27875

          You need to report them in CA with CFARS or the Operation Of Law form.

          Not an attorney.

          Comment

          • #6
            BAJ475
            Calguns Addict
            • Jul 2014
            • 5093

            Originally posted by one*eyed*jack
            I believe this is intestate succession and it is exempt from requiring an FFL federally, 18 USC 922(a)(5)(A).

            Also exempt from needing an FFL in CA. PC 27875

            You need to report them in CA with CFARS or the Operation Of Law form.

            Not an attorney.
            For a non attorney you did good!

            Comment

            • #7
              JM101
              Junior Member
              • Jun 2015
              • 2

              Wow, thanks folks.
              Quite a few useful responses and fast. I often lurk here on Calguns, never felt the need to actually post before as I have been able to find answers to all my questions via searching. You folks didn't disappoint, citing relevant penal codes and all.
              I -seemingly- don't have quoting privileges, or I am not smart enough to figure out how to do it.
              Spanky 8601,
              This is one of the main reasons I posted. I kind of remembered that generally an FFL is required for anything across state lines. I also kind of remembered something about exemptions for inheritance. I appreciate you bringing it up.
              Garv,
              Copy, pretty sure everything I have is A-ok. I have folks outside Ca that took all the fun stuff.
              one*eyed*jack,
              You seemingly confirmed what I had thought and provided the relevant penal codes. Thank you for your time to make a post, I appreciate it.
              BAJ475,
              Thanks for following along. with just a couple lines you increased my confidence this information, and my own research is correct.

              I will give this thread a little more time to percolate and see if anyone has anymore thoughts to add. Again, I appreciate everyone's time. Invaluable to have a collective knowledge commons when it comes to navigating the political landscape that is firearms ownership in Ca.

              Comment

              • #8
                davidj
                CGN/CGSSA Contributor - Lifetime
                CGN Contributor - Lifetime
                • Jan 2013
                • 1412

                The only issue that I am not sure about is, if there was no Will, did the court make you the executor? Is there a surviving spouse? Other siblings?

                Comment

                • #9
                  taperxz
                  I need a LIFE!!
                  • Feb 2010
                  • 19395

                  Originally posted by JM101
                  7 years since I logged into Calguns, thanks for keeping on folks.

                  My dad passed away recently and left behind a collection. He lived in Nevada, I am a resident of and live in Ca.

                  I am guessing that the BOF 4544A Report of Operation of Law or Intra-Familial Firearm Transaction will solve some -if not all- of my dilemma, but I wanted to post on here for some additional insights or considerations I might not have had.

                  Perhaps the sticky bit? He had no will and I -the executor of the estate- gave his property to the county as it had minimal value. This means there was/is no probate.

                  Onto the inquiry, hopefully I left enough info above.

                  So, where to go from here? Fill out the 4555A form send it to DOJ along with my $19 and everything will be peachy?
                  I appreciate the time for folks to add their thoughts.

                  While on the topic, he also gave me a long gun prior to 2014, he was always researching Ca laws. My understanding is I don't need to do anything in terms of reporting on that correct?
                  Originally posted by one*eyed*jack
                  I believe this is intestate succession and it is exempt from requiring an FFL federally, 18 USC 922(a)(5)(A).

                  Also exempt from needing an FFL in CA. PC 27875

                  You need to report them in CA with CFARS or the Operation Of Law form.

                  Not an attorney.
                  This. Thee End
                  Don?t import hicaps or CAAW?s

                  Comment

                  • #10
                    Chewy65
                    Calguns Addict
                    • Dec 2013
                    • 5041

                    Originally posted by JM101
                    7 years since I logged into Calguns, thanks for keeping on folks.

                    My dad passed away recently and left behind a collection. He lived in Nevada, I am a resident of and live in Ca.

                    I am guessing that the BOF 4544A Report of Operation of Law or Intra-Familial Firearm Transaction will solve some -if not all- of my dilemma, but I wanted to post on here for some additional insights or considerations I might not have had.

                    Perhaps the sticky bit? He had no will and I -the executor of the estate- gave his property to the county as it had minimal value. This means there was/is no probate.

                    Onto the inquiry, hopefully I left enough info above.

                    So, where to go from here? Fill out the 4555A form send it to DOJ along with my $19 and everything will be peachy?
                    I appreciate the time for folks to add their thoughts.

                    While on the topic, he also gave me a long gun prior to 2014, he was always researching Ca laws. My understanding is I don't need to do anything in terms of reporting on that correct?
                    I am an attorney but have forgotten more than I ever knew. Consider two things.

                    Without checking I thing BAJ and everyone are correct that you don't need an FFL beause of the United States Code. But consider CPC 27585. You are obtaing a gun from out of State and what does 27585 sat about residents importing a gun from out of state? Check whether California has an exeption for inhered guns.

                    Comment

                    • #11
                      Librarian
                      Admin and Poltergeist
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 44641

                      Originally posted by Chewy65
                      I am an attorney but have forgotten more than I ever knew. Consider two things.

                      Without checking I thing BAJ and everyone are correct that you don't need an FFL beause of the United States Code. But consider CPC 27585. You are obtaing a gun from out of State and what does 27585 sat about residents importing a gun from out of state? Check whether California has an exeption for inhered guns.
                      It does -
                      (b) Subdivision (a) does not apply to or affect any of the following:

                      ...
                      (6) A person who complies with subdivision (b) of Section 27875.
                      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!

                      Comment

                      • #12
                        mk2dave
                        Senior Member
                        • Nov 2021
                        • 765

                        OP, if you have any doubt about the legality of the individual pieces, make sure you ask ahead of time. It's better/easier to deal with things before you take possession in CA. I'm thinking of pistols with magwells outside the grip or threaded barrels, shotguns with pistol grips, or SBR and the like.

                        Comment

                        • #13
                          P5Ret
                          Calguns Addict
                          • Oct 2010
                          • 6361

                          Originally posted by mk2dave
                          OP, if you have any doubt about the legality of the individual pieces, make sure you ask ahead of time. It's better/easier to deal with things before you take possession in CA. I'm thinking of pistols with magwells outside the grip or threaded barrels, shotguns with pistol grips, or SBR and the like.
                          What's wrong with shotguns with pistol grips?

                          Comment

                          • #14
                            mk2dave
                            Senior Member
                            • Nov 2021
                            • 765

                            Pistol grips and no buttstock are typically too short to meet the overall length. Is it 26" total? Someone here knows.

                            The moral of the story is if he needs to make small changes to anything, it seems like it it's easier to to in NV and the bring it in. Since OP has been out of CA for so long, I suggest he ask if anything isn't fairly typical.

                            Comment

                            • #15
                              P5Ret
                              Calguns Addict
                              • Oct 2010
                              • 6361

                              Originally posted by mk2dave
                              Pistol grips and no buttstock are typically too short to meet the overall length. Is it 26" total? Someone here knows.

                              The moral of the story is if he needs to make small changes to anything, it seems like it it's easier to to in NV and the bring it in. Since OP has been out of CA for so long, I suggest he ask if anything isn't fairly typical.
                              Really? The most commonly sold shotgun that only comes with a pistol grip installed (a full stock is usually in the box) would be the Mossberg/Maverick Cruiser models. Those have an OAL over 28". The Ca legal Shockwave has an OAL over 30".

                              I think you'd have a difficult time finding a commercially made shotgun with an 18" barrel that doesn't meet the OAL requirements.
                              Last edited by P5Ret; 07-21-2023, 12:17 AM.

                              Comment

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