Inherited firearms

[Divehobo]

[kemasa]

Most likely they are not familiar with inherited firearms. Were you specifically named to get the firearms? There is also a federal exemption with regards to inherited firearms and the requirements, so you need to look into that. If you meet that requirement, then I believe you can directly acquire the firearms and then fill out a CA DOJ form. This process isn't something that a dealer would be involved in, so are not the best source of information.

You can call and ask the BATF, then the CA DOJ.

[code_blue]

Correct, fill out the DOJ form and CA FFL is not required. I think you might be able to do it via CFARS now. You have 30-days from acquisition to report it. Roster is not relevant here.

I had to help at least two folks with this over the past year (prayers to them).



Here's a good resource for you:

https://www.californiaprobatelawyerblog.com/inheriting-guns-and-other-firearms/

https://www.law.cornell.edu/uscode/text/18/922

(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer,licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) 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, and

PC 27875: http://leginfo.legislature.ca.gov/fa...ctionNum=27875.

27875.
(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:

(1) The transfer is infrequent, as defined in Section 16730.

(2) The transfer is between members of the same immediate family.

(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall 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 was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.

(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.

(5) The person receiving the firearm is 18 years of age or older.

(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:

(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.

(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.

(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.

(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.

(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall 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 was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.

[taperxz]

What was the family members relationship to you?

[edgerly779]

Did you inherit legally as in by being bequethed.Is there documentation?

[Divehobo]

It was my brother who passed, our mother is executor of his trust. I was not named in trust to take ownership of pistols but our mother states it was his wish.

Is dros and transfer fees required if our mother gives pistols as gift?

[SkyHawk]

Direct (no FFL) inheritance from out of state is only allowed from direct family now IIRC, all others must go through FFL. Not Fed law, but state law. PC27875(a)(2)

Brother would not qualify. CA PC16720 https://leginfo.legislature.ca.gov/f...ctionNum=16720.

16720.
As used in this part, “immediate family member” means either of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.

Better if mom just gifts them because that avoids roster complications, but they still MUST go through FFL.

Bottom line: must go through CA FFL. That means transfer fees and the like (DROS, 10 DAY WAIT). Good news is 1-in-30 exempt and roster exempt if gift from mom. Find a FFL who knows how to handle those with all said exemptions.

[edgerly779]

^^ Yes brother not immediate family. Have mom gift and send to ffl here.