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Transfering Rifle From Deceased Friend

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  • Joe95y
    Member
    • Jan 2019
    • 229

    Transfering Rifle From Deceased Friend

    Hello ffls of CA! My grandfather in law has a rifle from a friend of his who has passed away, and it was then given to the deceased's brother who didn't want it and has given to to my grandfather in law. I believe the rifle is still under the deceased's name. Any way my grandfather in law can transfer it to his name?
    It is an extremely nice, custom build.
  • #2
    edgerly779
    CGN/CGSSA Contributor
    CGN Contributor
    • Aug 2009
    • 19871

    Since this happened years ago just register it with ca doj or do nothing you do not have to prove you own firearm. Since this all happened in Ca no need to worry about federal felonies.

    Comment

    • #3
      Joe95y
      Member
      • Jan 2019
      • 229

      Transfer

      Originally posted by edgerly779
      Since this happened years ago just register it with ca doj or do nothing you do not have to prove you own firearm. Since this all happened in Ca no need to worry about federal felonies.
      Is there a specific form name he'll need to fill out. He plans to sell it.

      Comment

      • #4
        edgerly779
        CGN/CGSSA Contributor
        CGN Contributor
        • Aug 2009
        • 19871

        I am not sure of exact form someone will chime in it costs 19 bucks. If he plans to sell it he needs to do nothing he does not have to prove ownership. Never been asked by ffl for that in over 100 transactions. Many firearms in Ca never registered. Only problem is if stolen firearm it will come back on seller.

        Comment

        • #5
          CSACANNONEER
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Dec 2006
          • 44093

          The rifle isn't registered to anyone. In fact, very few long guns purchased prior to 2014 are "registered" to anyone in CA. There is no legal requirement to "register" it until it is transferred to someone else. It is legal to own unregistered firearms in CA period! Why would anyone voluntarily register a gun when it isn't required?
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          • #6
            Joe95y
            Member
            • Jan 2019
            • 229

            Thanks for all the help!

            Comment

            • #7
              Joe95y
              Member
              • Jan 2019
              • 229

              One more question!
              So my grandfather in law also has a few off roster handguns,not in his name, does he have to register them in his name in order to sell?

              Comment

              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44660

                Originally posted by Joe95y
                One more question!
                So my grandfather in law also has a few off roster handguns,not in his name, does he have to register them in his name in order to sell?
                Have we established that "grandfather in law" is a CA resident?

                If YES, he can PPT guns to any other (non-prohibited) CA resident; the ownership of guns being sold is not checked; all guns are checked against those reported stolen.

                If grandfather in law received those handguns in CA since 1991, the transfer should have gone through a CA FFL. Misdemeanor, 3-year statute of limitations.
                Last edited by Librarian; 09-06-2020, 11:21 PM.
                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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                • #9
                  Joe95y
                  Member
                  • Jan 2019
                  • 229

                  Grandfather

                  Originally posted by Librarian
                  Have we established that "grandfather in law" is a CA resident?

                  If YES, he can PPT guns to any other (non-prohibited) CA resident; the ownership of guns being sold is not checked; all guns are checked against those reported stolen.

                  If grandfather in law received those handguns in CA since 1991, the transfer should have gone through a CA FFL. Misdemeanor, 3-year statute of limitations.
                  Yes he is a ca resident. I am not sure when he got them exactly, and he does not remember when he got them. So it would be legal for me to transfer it into my name, even thought they are not under his name, correct?

                  Comment

                  • #10
                    rkt88edmo
                    Reptile&Samurai Moderator
                    CGN Contributor - Lifetime
                    • Dec 2002
                    • 10058

                    Originally posted by Joe95y
                    Yes he is a ca resident. I am not sure when he got them exactly, and he does not remember when he got them. So it would be legal for me to transfer it into my name, even thought they are not under his name, correct?
                    He can directly give them to your wife directly as part of an intra-familial transfer (if they are both CA residents), one $19 fee, no FFL needed, wife needs safety card.

                    Please scroll down (ctrl+f) to Report of Intra-Familial Firearm Transaction https://oag.ca.gov/firearms/online-reporting

                    Recipient Requirements:
                    • You are at least 18 years of age or older
                    • You have either a California identification, driver license or military identification
                    • You have a California residential (street) address
                    • You are not prohibited from owning/possessing firearms
                    • The firearm being reported was acquired in-state as a gift from an immediate family member (as defined by Penal Code section 16720)
                    • You currently possess a valid FSC, or in the case of a handgun, a valid unexpired Handgun Safety Certificate (HSC), or a FSC exemption, pursuant to Penal Code section 31700
                    • The firearm is not an assault weapon as defined in Penal Code sections 30210 through 30530


                    Form:
                    If it was a snake, it would have bit me.
                    Use the goog to search calguns

                    Comment

                    • #11
                      Joe95y
                      Member
                      • Jan 2019
                      • 229

                      Wife

                      Originally posted by rkt88edmo
                      He can directly give them to your wife directly as part of an intra-familial transfer (if they are both CA residents), one $19 fee, no FFL needed, wife needs safety card.

                      Please scroll down (ctrl+f) to Report of Intra-Familial Firearm Transaction https://oag.ca.gov/firearms/online-reporting

                      Recipient Requirements:
                      • You are at least 18 years of age or older
                      • You have either a California identification, driver license or military identification
                      • You have a California residential (street) address
                      • You are not prohibited from owning/possessing firearms
                      • The firearm being reported was acquired in-state as a gift from an immediate family member (as defined by Penal Code section 16720)
                      • You currently possess a valid FSC, or in the case of a handgun, a valid unexpired Handgun Safety Certificate (HSC), or a FSC exemption, pursuant to Penal Code section 31700
                      • The firearm is not an assault weapon as defined in Penal Code sections 30210 through 30530


                      Form:
                      https://oag.ca.gov/sites/all/files/a...rms/oplaw.pdf?
                      The wife has no interest in guns like I do.

                      Comment

                      • #12
                        Joe95y
                        Member
                        • Jan 2019
                        • 229

                        Is it legal to just transfer them into my name as long as they're not stolen or used in a crime?

                        Comment

                        • #13
                          rkt88edmo
                          Reptile&Samurai Moderator
                          CGN Contributor - Lifetime
                          • Dec 2002
                          • 10058

                          Originally posted by Joe95y
                          Is it legal to just transfer them into my name as long as they're not stolen or used in a crime?
                          Yes, at an FFL via PPT.
                          If it was a snake, it would have bit me.
                          Use the goog to search calguns

                          Comment

                          • #14
                            Joe95y
                            Member
                            • Jan 2019
                            • 229

                            Thanks!

                            Originally posted by rkt88edmo
                            Yes, at an FFL via PPT.
                            Thanks for the help! Gotta sell some of my collection now to get these!

                            Comment

                            • #15
                              Undertaker
                              Junior Member
                              • Nov 2008
                              • 55

                              Not sure if this is the correct place to ask but! How do I transfer my deceased fathers guns to myself here in Commieefornia. 3 in question. One I'm sure has never been registered since he bought it some 80 years ago. One handgun I'm sure he registered it and one I'm not sure about. Thanks.

                              Comment

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