Transfer from a sick family member to me

[Sticka]

Hi guys/ladies,

My dad has several guns in his collection.
He has taken ill recently and he wants me to have his guns.

I don't know how long he has left, but I would rather not take up his time by spending hours at a gun store transferring weapons.

What is the best/easiest way to get them into my name?

Should he will them to me? (they are not currently in his will, he only has 2 beneficiaries, me and my brother that lives in another country and he can't take them there).

If he doesn't will them to me, and he passes away, is that problematic for the transfer?

Thanks for any help!

[Exiledviking]

Easiest would be to do intra -familial transfers.

https://oag.ca.gov/firearms/online-reporting

[Quiet]

If both you and your father are CA residents, then do an intra-familial gift transfer. [PC 27875(a)]

1. You take possession of the firearms.
2. Within 30 days of taking possession, you submit a Report of Intra-Familial Firearm Transaction to CA DOJ BOF.

You will need a valid FSC or exemption to the FSC.

You can submit the report by completing the Report of Operation of Law or Intra-Familial Firearm Transaction (BOF 4544A) and mailing it to CA DOJ BOF or you can go online to CFARS, access CRIS, and submit a Report of Intra-Familial Firearm Transaction online.

Within 4-64 weeks, CA DOJ BOF will mail you an acknowledgement letter.

However, if any of the firearms are RAWs, then one of the following must be done:
A. Your father deregisters the RAW, then transfers it to you. [11 CCR 5478]
B. The RAW is rendered permanently inoperable, then it is transferred to you. [PC 30915(a)]
C. It it sold to a CA FFL dealer with an assault weapons permit. [PC 30915(b)]
D. It is taken out-of-state and kept in storage in another State or sold through a FFL dealer in that State. [PC 30915(d)]
E. It is surrendered to law enforcement for destruction. [PC 31100]



Penal Code 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.

[Nardo1895]

It sounds like your dad is a CA resident, but if he is not they have to go through a FFL. You'd need to find an FFL willing to do the transfer as not all will. He doesn't need to personally deliver them to the FFL, they can be mailed/delivered along with a letter signed by him stating they are a gift to you. His gift can include off roster handguns even if he is out of state.

Including them in his will is fine if you want to wait. If they are not in his will it might be a bit messy. Technically they need to go through probate. This is based on my experience, I'm not an attorney.

Getting them transferred now would seem to be your best bet.

[Sticka]

Thanks guys! Very helpful!!

[pacrat]

Sorry to hear of your Dad's circumstances.