Family gun transfers...

[jerdog3]

This must be the perfect forum for this question!
My dad is giving me his old guns that he bought in the mid 80's (Ruger 10/22, Rossi .38 Special). He has no documentation or ownership papers. Sorry if that sounds dumb, I don't know a lot about this. Haha.
Also, my brother want's to give me a Mossberg 500 that he bought at an estate sale and all he got as documentation was a handwritten note. How do I get these legally in my name?
Here in California, do I need to go to an FFL and get the transfer documented just to legally take my family's guns? Is there a fee for this?
Thank you for any info you can offer.
jerdog3

[LeadFarmer74]

This must be the perfect forum for this question!
My dad is giving me his old guns that he bought in the mid 80's (Ruger 10/22, Rossi .38 Special). He has no documentation or ownership papers. Sorry if that sounds dumb, I don't know a lot about this. Haha.
Also, my brother want's to give me a Mossberg 500 that he bought at an estate sale and all he got as documentation was a handwritten note. How do I get these legally in my name?
Here in California, do I need to go to an FFL and get the transfer documented just to legally take my family's guns? Is there a fee for this?
Thank you for any info you can offer.
jerdog3

Please provide more information such as: Where do your father and brother currently reside? A specific list of guns would be more beneficial or was it just the ones you listed?

[rbetts]

Guns shipped from out of state require the use of an in state ffl . A gift letter avoids state tax and the CA handgun roster. Communicate with your dealer first to avoid hassles.


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[Librarian]

California does not think a brother/sister is 'immediate family'- that's reserved for grandparent/grandchild, parent/child, or husband/wife. So transfer from brother will need an FFL.

IF father lives in CA, can do the transfer with the OPLAW form, or online at https://cfars.doj.ca.gov/crisHome!di...HomeAsGuest.do.

If father lives in a different state, need a CA FFL to accept the guns and transfer to you.

[jerdog3]

California does not think a brother/sister is 'immediate family'- that's reserved for grandparent/grandchild, parent/child, or husband/wife. So transfer from brother will need an FFL.

IF father lives in CA, can do the transfer with the OPLAW form, or online at https://cfars.doj.ca.gov/crisHome!di...HomeAsGuest.do.

If father lives in a different state, need a CA FFL to accept the guns and transfer to you.

You rock Librarian! Thank you! All parties live in California and the guns were purchased here.
And because I'm a rather dim witted person, let me make sure I'm clear on this.
My dad can just fill out a form that we download off the internet and I keep that filed away somewhere. No FFL / GOV involvement?
With my brother and the shotgun, we have to go to an FFL and do some paperwork / involve the GOV
But in both cases there isn't really any paperwork showing my dad or brother's ownership of the guns. My dad has no paperwork, and my brother has a handwritten letter. What do I tell the FFL? Can I even take legal ownership of the guns?
Thanks again!

[SkyHawk]

All parties live in California and the guns were purchased here.
And because I'm a rather dim witted person, let me make sure I'm clear on this.
My dad can just fill out a form that we download off the internet and I keep that filed away somewhere. No FFL / GOV involvement?
With my brother and the shotgun, we have to go to an FFL and do some paperwork / involve the GOV
But in both cases there isn't really any paperwork showing my dad or brother's ownership of the guns. My dad has no paperwork, and my brother has a handwritten letter. What do I tell the FFL? Can I even take legal ownership of the guns?
Thanks again!

1) It does not matter that they have no original paperwork showing ownership - period. The FFL or DOJ will not even ask, so don't even bring it up. If they have not been reported stolen, you are fine.

2) Dad can hand you gun(s). Dad does not fill out any paperwork - YOU fill out the paperwork and YOU mail it to the DOJ within 30 days, with $19. You must have Firearm Safety Card. Form is here http://oag.ca.gov/sites/all/files/ag...orms/oplaw.pdf

3) You and brother must go to FFL to do the transfer. Again, you must have a Firearm Safety Card. Fee will be $35 for one gun. You will wait ten days for pickup.

[jerdog3]

1) It does not matter that they have no original paperwork showing ownership - period. The FFL or DOJ will not even ask, so don't even bring it up. If they have not been reported stolen, you are fine.

2) Dad can hand you gun(s). Dad does not fill out any paperwork - YOU fill out the paperwork and YOU mail it to the DOJ within 30 days, with $19. You must have Firearm Safety Card. Form is here http://oag.ca.gov/sites/all/files/ag...orms/oplaw.pdf

3) You and brother must go to FFL to do the transfer. Again, you must have a Firearm Safety Card. Fee will be $35 for one gun. You will wait ten days for pickup.

Perfectly stated! Thank you!

[condor]

I have a question that's sorta related to this threads subject, but in reverse. I'm getting long in the tooth and when the day comes I would like to leave a few of my high end guns to my natural daughter out of state in Idaho. She could then in turn pass them out to my grand kids. They are listed in my will along with other 'things' to be passed on. Would the requirements be the same as shipping them into CA.?? I do have a couple of pistols, one Smith and one C&R, that are ear marked for my son-in-law, and is an active/retired LEO in SoCal. He might be exempt from all this?? Any thoughts??

[Librarian]

I have a question that's sorta related to this threads subject, but in reverse. I'm getting long in the tooth and when the day comes I would like to leave a few of my high end guns to my natural daughter out of state in Idaho. She could then in turn pass them out to my grand kids. They are listed in my will along with other 'things' to be passed on. Would the requirements be the same as shipping them into CA.?? I do have a couple of pistols, one Smith and one C&R, that are ear marked for my son-in-law, and is an active/retired LEO in SoCal. He might be exempt from all this?? Any thoughts??

In 2016, FedLaw says inheritance need not use an FFL, even interstate. Going out of CA, except for RAWs, you need not worry about CA law for that, so off to ID is just pick up or ship.

Inside CA, that 'no ffl thing' is only for immediate family, and that's only parents, grandparents, children, grandchildren. So, if SIL is still in CA, SIL would need to receive PPT through a CA FFL from administrator/executor.

[Duralexsedlex]

Same general question, slight twist

Parents want to gift me 2 pistols that are not otherwise illegal in California but not on roster. They are in Texas and will be travelling here. Can they bring them with them, in checked bags of course and declared, and hand them to me so that all I need to do is notify the DOJ and send in my paperwork? Or would we all need to go to local FFL to do paperwork? Or would they have to mail to FFL and then I go through the process that has already been discussed? Sorry for the nuanced question but I'm having a devil of a time getting to the bottom of this. Thanks in advance.

[LeadFarmer74]

Parents want to gift me 2 pistols that are not otherwise illegal in California but not on roster. They are in Texas and will be travelling here. Can they bring them with them, in checked bags of course and declared, and hand them to me so that all I need to do is notify the DOJ and send in my paperwork? Or would we all need to go to local FFL to do paperwork? Or would they have to mail to FFL and then I go through the process that has already been discussed? Sorry for the nuanced question but I'm having a devil of a time getting to the bottom of this. Thanks in advance.

They cannot just handoff the gifts to you, that would be a federal crime. You can both go into an FFL and transfer but make sure the dealer knows how to proceed with this. Either way you are subject to 1 in 30 and waiting the 10 day wait. Guns can be off roster but still must be CA legal.

[Duralexsedlex]

LeadFarmer74... thanks. Was pretty much what I figured. Now just need to find a good FFL in the OC to do all this.