Interstate intrafamilial postmortem transfer question

[Mitch]

Just received this message (because I am a known gun nut and am supposed to know all this stuff):

We are working with a client whose brother lived in Nevada. His brother passed away recently and had a collection of approximately 23 weapons (some hand guns, some rifles, etc). Do you know where we could direct our client to go to see about re-registering the weapons into his name. The surviving brother lives in California.

I know all about interstate intrafamilial transfers (done them myself, roster doesn't apply, etc), but how does this being a post-morten transfer change things? Are the guns automatically in the dead man's estate? Can the executors/trustees of the estate initiate an interstate intrafamilial transfer? Or is it too late for that?

I know all about how assault weapons can't be transferred into California, etc.

Thanks!

[Librarian]

The quoted bit suggests the estate has settled, legally, and now it's details of distribution.

Presuming nothing illegal by CA law, the inheritor gets the guns by whatever means convenient and files the OPLAW form. See the Wiki -- http://wiki.calgunsfoundation.org/In...and_Interstate

[Mitch]

Thanks, great link.

[mrdd]

Just received this message (because I am a known gun nut and am supposed to know all this stuff):



I know all about interstate intrafamilial transfers (done them myself, roster doesn't apply, etc), but how does this being a post-morten transfer change things? Are the guns automatically in the dead man's estate? Can the executors/trustees of the estate initiate an interstate intrafamilial transfer? Or is it too late for that?

I know all about how assault weapons can't be transferred into California, etc.

Thanks!

I am assuming there is no spouse involved.

Unless the items were titled to a trust, they would be considered personal property of the deceased, and part of the decedent estate. The executor of the estate is responsible for distributing the property according to a written will, or according to the law if no will.

Under federal law, firearms can be distributed directly to beneficiaries in any state without any FFL involvement. In California, the recipient then has to file an operation of law form with the CA DOJ.