Handgun Transfer Question

[Mojamz]

Thanks guys, this has been helpful...I’m having the gun transferred by the executor of my uncle’s estate to me.

[ronlglock]

Sorry to resurrect this, but I have this question:

The Executor of an estate will be coming in this week in to transfer off-roster firearms to himself. He cannot be the buyer and the seller - DROS prohibits that. How do I DROS them? Exempt Handgun Sale?

[ugimports]

You don't..shouldn't he use the oplaw form?

ETA: I think I misread what was going on. I thought he was transferring to himself in order to complete the steps as the Executor.. not to take final ownership...

[taperxz]

Sorry to resurrect this, but I have this question:

The Executor of an estate will be coming in this week in to transfer off-roster firearms to himself. He cannot be the buyer and the seller - DROS prohibits that. How do I DROS them? Exempt Handgun Sale?

You can't. Exempt handgun will not fix anything. Plus, who is he in relation to the deceased? If there is no relation, they need to consign them.

[ronlglock]

You can't. Exempt handgun will not fix anything. Plus, who is he in relation to the deceased? If there is no relation, they need to consign them.

Executor owns the guns per the will, but how do I do the transfer to him?

This is completely separate from the uncle above.

[taperxz]

Executor owns the guns per the will, but how do I do the transfer to him?

This is completely separate from the uncle above.

Self registration if its a mom, dad ect

[GunEnthusiast1]

FFL requirement does not apply to ...

the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence

He cannot be the buyer and the seller

The executor is NOT transferring to himself. This is a transfer from the decedent/estate to a private party -- who also happens to be acting in a legal capacity on behalf of the estate as executor.

Becoming an executor does not give a person legal title to property. Think of it as giving someone power of attorney. When you give someone power of attorney, you're saying they can legally act on your behalf. It does NOT mean they now own all of your property.

[Quiet]

FFL requirement does not apply to ...

Bequest are exempt from Federal laws.

Only bequest from an immediate family member [PC 27875(a)(2),(b)(1)] or spouse/registered domestic partner [PC 27920(a)(2),(c)] are exempt from CA laws.

If the bequest is from a person that is not an immediate family member or spouse/registered domestic partner, then the transfer must be done through a CA FFL dealer. [PC 27545]

[Quiet]

Sorry to resurrect this, but I have this question:

The Executor of an estate will be coming in this week in to transfer off-roster firearms to himself. He cannot be the buyer and the seller - DROS prohibits that. How do I DROS them? Exempt Handgun Sale?

The executor of the estate acquired legal possession of the decedent's firearms due to being the executor of the decedent's estate. [PC 27920(a)(1)]

The executor of the estate can then legally transfer the decedent's firearms in accordance with the decedent's will.
^This exempts them from needing to be a CA FFL dealer and exempts them from the amount of firearms they can transfer while performing as the executor of the estate. [PC 26505(a)]
~Transfers of the decedent's firearms does not count toward the amount of the transfers the person can legally conduct within a calendar year due to being the executor of the decedent's estate.

The executor of the estate can transfer ownership of the decedent's firearms to themselves without the use of a CA FFL dealer. [PC 27925(a)]

If the executor of the estate keeps the decedent's firearms, then they must submit a Report of Operation of Law to CA DOJ BOF. [PC 27920(a)(1)]


Which means..
Utilizing a CA FFL dealer is not required, because the executor of the estate needs to submit a Report of Operation of Law to CA DOJ BOF for the firearms they are keeping.

Online: CFARS -> CRIS -> Report of Operation of Law.
By mail: Report of Operation of Law



Penal Code 16960
As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, “operation of law” includes, but is not limited to, any of the following:
(a) The executor, personal representative, or administrator of an estate, if the estate includes a firearm.

Penal Code 26505
Section 26500 does not apply to the sale, lease, or transfer of any firearm by any of the following:
(a) A person acting pursuant to operation of law.

Penal Code 27920
(a) Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:
(1) If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (g), (h), (i), (j), (l), or (q) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.

Penal Code 27925
(a) Section 27545 does not apply to a person who takes possession of a firearm by operation of law in a representative capacity who subsequently transfers ownership of the firearm to himself or herself in an individual capacity.
(b) Until January 1, 2015, in the case of a handgun, the individual shall obtain a handgun safety certificate prior to transferring ownership to himself or herself, or taking possession of a handgun in an individual capacity. Beginning January 1, 2015, the individual shall obtain a firearm safety certificate prior to transferring ownership to himself or herself, or taking possession of a firearm in an individual capacity, except that in the case of a handgun, an unexpired handgun safety certificate may be used.

[ronlglock]

The executor of the estate acquired legal possession of the decedent's firearms due to being the executor of the decedent's estate. [PC 27920(a)(1)]

This is exactly what I needed. Thank you!

[Quiet]

This is exactly what I needed. Thank you!

Don't forget...

The executor of the estate can transfer ownership of the decedent's firearms to themselves without the use of a CA FFL dealer. [PC 27925(a)]

If the executor of the estate keeps the decedent's firearms, then they must submit a Report of Operation of Law to CA DOJ BOF. [PC 27920(a)(1)]

[ugimports]

Huh..after all that I guessed correctly

Sent from my SM-G965U using Tapatalk

[GunEnthusiast1]

The executor of the estate can transfer ownership of the decedent's firearms to themselves without the use of a CA FFL dealer. [PC 27925(a)]

Did not know that. Thanks for the info.