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Inherited guns from grandfather

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  • anhizer
    Junior Member
    • Dec 2017
    • 5

    Inherited guns from grandfather

    My grandfather (CA resident) recently passed and had a number of guns that he wanted me (also CA resident) to have. From what I understand, all of his estate is in a trust with my mother (CA resident) as the trustee. I am unsure if the guns are specifically mentioned in his will, but my assumption is they are not. My mother does not want the firearms and she wants me to take them. I was going to complete a oplaw transfer before he passed but i wasn't able to get my FSC in time. None of the weapons are "assault" weapons.

    I spoke with a couple of gun shops and have gotten different answers on how I should go about transferring them. I have been told that my mother needs to complete an oplaw form (and get a FSC), and once that is cleared she can transfer the guns to me via the oplaw form. I have also heard that they can go direct from him (or the estate i guess) to me, also via the oplaw form. I would prefer to have them go directly to me as my mother has enough to deal with right now without having to go thru the process of getting a FSC. Per the local shop the concern is that the guns have legally transferred to her already as she is the trustee and that she needs to complete that initial transfer prior to transferring to me. Any guidance on the correct coarse of action?

    Thanks!
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44676

    Acting as trustee, your mother does not need the FSC.

    However, unless the guns are directly willed to you, it won't be an intrafamilial transfer, so it will have to go through an FFL. (The trust is not 'immediate family'.)

    Specifically willed to you, she distributes them and you file the OPLAW or report through CFARS.

    If she distributes the guns to herself, then she needs the FSC and to file the OPLAW/CFARS, but then she can just hand them to you and you file the OPLAW or report the transfer through CFARS.

    Nothing is easy in CA.

    PPT, trust to you, looks simplest.
    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    Frozen in 2015, it is falling out of date and I can no longer edit the content.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!

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    • #3
      anhizer
      Junior Member
      • Dec 2017
      • 5

      First off thank you for the response. Follow up question- if I go the ppt transfer route will the guns need to go thru the standard 10day waiting period as well as 1/handgun per 30 day restriction? Also, I will need to pay the transfer fee for each gun as well correct? This is not a big problem but it’s quite a few guns so it might be costly.

      I will have to discuss with my mother and see what she wants to do.
      Last edited by anhizer; 01-29-2018, 11:19 PM. Reason: Fat fingers

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      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44676

        No to 1-in-30 - PPT is exempt - and yes to the 10-day; just usual business for an FFL.
        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

        • #5
          anhizer
          Junior Member
          • Dec 2017
          • 5

          Follow up question on this- we have decided to go the oplaw transfer route instead of doing the PPT. My mother took the FSC test and has a number. I helped her sign up for CFARS but had a couple of questions on the forms there. Does she need to complete the Intrafamilial transfer form or the operation of law form? based on your earlier response i believe its the operation of law. If its the operational of law form, i'm not sure what the correct "how obtained" to select- there are a number of rows which seem like they might be correct ESTATE EXECUTOR/ADMINISTRATOR or RECEIVERSHIP ESTATE.

          Lastly, when filling in the form (in CFARS) it only lets me complete the information for one firearm. I have a number of firearms that i would like to complete on same transfer. Do you know how to transfer multiple firearms in the CFARS system? Do i just attach the completed form to the attachments section that has all of the other guns included? sorry to ask these simple questions but I simply cant find any help anywhere else. I really appreciate your help on this.
          Last edited by anhizer; 02-07-2018, 9:37 AM.

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