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WTK-family member passes away ,lives OOS ,is xfr of firearms done with death cert?

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  • DisgruntledReaper
    Senior Member
    • Jan 2009
    • 1856

    WTK-family member passes away ,lives OOS ,is xfr of firearms done with death cert?

    Hello , I have been trying to find the best info on how this would be handled but my searches seem to be coming up with vague returns.
    If an immediate family member who lives out of state should pass away, how would the xfr of any firearms be handled using a death certificate? Interfamilial? Also if there would be AK,AR,FAL pistols involved,would converting them to cali legal configuration be good since they are not new and deceased is an immediate family member?
    Would I make everything into legal configuration,weed out any banned by name models,transport back locked in cases and have whatever paperwork I can find along with the birth cert be legal ....and once back do a ....xfr to my name??

    Any constructive tips,links, etcetera are greatly appreciated.
    'There is no theory of evolution, just a list of creatures Chuck Norris allows to live.'

    'I have so many good karma points I am approaching Saint Hood'

    "They tell you of a laundry detergent that takes out bloodstains- I'm thinking that if you have clothes covered in bloodstains-maybe laundry isn't your biggest problem"

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  • #2
    P5Ret
    Calguns Addict
    • Oct 2010
    • 6285

    The only way that a transfer without using an FFL is that the firearms are bequeathed to the receiver through a will. You'd be dealing with both federal law and state laws here. Keep in mind that this has to be California's very narrow view of what direct family is, parents or grandparents, child or grandchild. If there isn't a will that names the receiver everything has to go to a FFL dealer for a dealer transfer. With a will and direct family an OPLAW form will suffice, make sure you have copies of all paperwork for your records. Roster will apply to any handguns if the deceased is not direct family.

    As far as the AR and AW stuff goes, I'm going to leave that to someone much more knowledgeable than I on the subject.

    Comment

    • #3
      G-forceJunkie
      Calguns Addict
      • Jul 2010
      • 6064

      There are so many variables, but lets assume it is legal for you to take possession of the guns in the state they are in from the executor of the estate...I would make them all Cali legal, drive them back to California, then fill out a BOF 4544A form to register to you. Check "Estate Executor" as to whom you acquired them from. This can't be a Interfamilial transfer, the person is dead, the estate executor is in charge of distributing the assets.
      To make things easier you should have a Real ID drivers license and a valid Firearms Safety Card.
      Leave any 10+ round mags out of state or permanently block them to 10 or fewer rounds.
      Make sure any for assaulty type weapons are not on the "Listed by name" ban list

      Comment

      • #4
        RickD427
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Jan 2007
        • 9232

        There's not enough info here to give a good answer.

        Diagnostic questions:

        1) In what state did the family member pass?

        2) Did they leave a will? If so, what are the terms?

        3) If they did not leave a will, what are the provisions of the intestate succession statutes of the state where the death occurred?

        4) Are any of the weapons prohibited under California's statutes?
        If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

        Comment

        • #5
          DisgruntledReaper
          Senior Member
          • Jan 2009
          • 1856

          Hello guys, thanks for the replies. Sorry I have not posted any response til now, I have been having 'error 500 gateway timeout' errors for what like 2 weeks...I have not been able to get CG up from puter,cell, using home isp,work isp or cell phone isp...

          I will look into all the variables you guys mentioned and it does involve an immediate family member- parent- living in one of the neighboring 'desert states'....but there are half siblings involved from another marriage and such .....so will have to see what paperwork is what,where the hell it is,etc and see whats pans out. ....

          I thank you for your inputs
          'There is no theory of evolution, just a list of creatures Chuck Norris allows to live.'

          'I have so many good karma points I am approaching Saint Hood'

          "They tell you of a laundry detergent that takes out bloodstains- I'm thinking that if you have clothes covered in bloodstains-maybe laundry isn't your biggest problem"

          sigpic

          Comment

          • #6
            DisgruntledReaper
            Senior Member
            • Jan 2009
            • 1856

            Hello guys, thanks for the replies. Sorry I have not posted any response til now, I have been having 'error 500 gateway timeout' errors for what like 2 weeks...I have not been able to get CG up from puter,cell, using home isp,work isp or cell phone isp...

            I will look into all the variables you guys mentioned and it does involve an immediate family member- parent- living in one of the neighboring 'desert states'....but there are half siblings involved from another marriage and such .....so will have to see what paperwork is what,where the hell it is,etc and see whats pans out. ....

            I thank you for your inputs
            'There is no theory of evolution, just a list of creatures Chuck Norris allows to live.'

            'I have so many good karma points I am approaching Saint Hood'

            "They tell you of a laundry detergent that takes out bloodstains- I'm thinking that if you have clothes covered in bloodstains-maybe laundry isn't your biggest problem"

            sigpic

            Comment

            • #7
              OlderThanDirt
              FUBAR
              CGN Contributor - Lifetime
              • Jun 2009
              • 5543

              Originally posted by G-forceJunkie
              There are so many variables, but lets assume it is legal for you to take possession of the guns in the state they are in from the executor of the estate...I would make them all Cali legal, drive them back to California, then fill out a BOF 4544A form to register to you. Check "Estate Executor" as to whom you acquired them from. This can't be a Interfamilial transfer, the person is dead, the estate executor is in charge of distributing the assets.
              To make things easier you should have a Real ID drivers license and a valid Firearms Safety Card.
              Leave any 10+ round mags out of state or permanently block them to 10 or fewer rounds.
              Make sure any for assaulty type weapons are not on the "Listed by name" ban list
              A real ID is not necessary. I use my illegal alien DL and a passport card.
              We know they are lying, they know they are lying, they know we know they are lying, we know they know we know they are lying, but they are still lying. ~ Solzhenitsyn
              Thermidorian Reaction . . Prepare for it.

              Comment

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