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Friend passed years back. Rifle Question

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  • jrange3
    Member
    • Jun 2020
    • 101

    Friend passed years back. Rifle Question

    Friend passed years back. Later on this month, I will be taking possession of bolt action rifle that was purchased in the 90's and the original last will and testimony with my name giving me the rifle. Can I just fill out the CA. DOJ Report of Operation or Law and send the money and a copy of my CDL that DOES NOT have FED limits apply and the FSC number on the form to the address listed? Also on acquired from do I check other and add his name and last will and testimony?
    Last edited by jrange3; 04-18-2022, 11:12 PM.
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44641

    Originally posted by jrange3
    Friend passed years back. Later on this month, I will be taking possession of bolt action rifle that was purchased in the 90's and the original last will and testimony with my name giving me the rifle. Can I just fill out the CA. DOJ Report of Operation or Law and send the money and a copy of my CDL that DOES NOT have FED limits apply and the FSC number on the form to the address listed? Also on acquired from do I check other and add his name and last will and testimony?
    Nope - CA law requires in-CA gun distributions from an estate to people NOT the law's silly 'immediate family' - that's parent/child, grandparent/grandchild - must use a CA FFL. Only those 'immediate family' can skip the FFL.

    You need whoever is doing the distribution to do a PPT as agent of the estate, so FSC and DRO$ and 10-day wait and all that.
    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    Frozen in 2015, it is falling out of date and I can no longer edit the content.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

    • #3
      jrange3
      Member
      • Jun 2020
      • 101

      Originally posted by Librarian
      Nope - CA law requires in-CA gun distributions from an estate to people NOT the law's silly 'immediate family' - that's parent/child, grandparent/grandchild - must use a CA FFL. Only those 'immediate family' can skip the FFL.

      You need whoever is doing the distribution to do a PPT as agent of the estate, so FSC and DRO$ and 10-day wait and all that.
      He did not have a person do the distribution. The rifle was found with a hand written last will and testament.

      Comment

      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44641

        Originally posted by jrange3
        He did not have a person do the distribution. The rifle was found with a hand written last will and testament.
        Who has custody of it now? That person should do it.

        Do note that this is quite likely to be widely ignored, because it does not make sense, and it's different from Federal law on inheritance, which does not have the silly family restriction.

        It's a misdemeanor to skip the PPT; choose your own risk.
        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
          jrange3
          Member
          • Jun 2020
          • 101

          Originally posted by Librarian
          Who has custody of it now? That person should do it.

          Do note that this is quite likely to be widely ignored, because it does not make sense, and it's different from Federal law on inheritance, which does not have the silly family restriction.

          It's a misdemeanor to skip the PPT; choose your own risk.
          His wife.

          Comment

          • #6
            taperxz
            I need a LIFE!!
            • Feb 2010
            • 19395

            Originally posted by jrange3
            His wife.
            Meet her at an FFL to do the trasnfer

            Comment

            • #7
              Hateca
              Senior Member
              • Oct 2005
              • 675

              That rifle was bought by your friend before rifle registration in Commiefornia. What I would do wouldn’t be popular with the letter of the law crowd, just saying.
              sigpic

              "Those that don't shouldn't. Those that do should"

              Comment

              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44641

                Which crowd is everyone who posts at Calguns - hint, hint.

                What you actually do is up to you.
                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

                • #9
                  jrange3
                  Member
                  • Jun 2020
                  • 101

                  Originally posted by taperxz
                  Meet her at an FFL to do the trasnfer
                  She is bedridden and in bad shape. Wish I could. I think I need to contact a lawyer on this.

                  Comment

                  • #10
                    Russian Bot
                    Senior Member
                    • Jan 2021
                    • 520

                    Is this the bolt action rifle he gave you as a gift back in 2012?

                    Comment

                    • #11
                      jrange3
                      Member
                      • Jun 2020
                      • 101

                      Originally posted by Russian Bot
                      Is this the bolt action rifle he gave you as a gift back in 2012?
                      Yes

                      Comment

                      • #12
                        taperxz
                        I need a LIFE!!
                        • Feb 2010
                        • 19395

                        Originally posted by jrange3
                        She is bedridden and in bad shape. Wish I could. I think I need to contact a lawyer on this.
                        You should still follow the law,

                        Comment

                        • #13
                          jrange3
                          Member
                          • Jun 2020
                          • 101

                          Originally posted by taperxz
                          You should still follow the law,
                          I am, and do not understand why you would say that. I am looking for a legal advise now to DO IT LEGAL.

                          Comment

                          • #14
                            jrange3
                            Member
                            • Jun 2020
                            • 101

                            Thank you to those who reached out to me. I was able to legally take possession of the rifle.

                            Comment

                            • #15
                              Russian Bot
                              Senior Member
                              • Jan 2021
                              • 520

                              Originally posted by jrange3
                              Yes
                              So you would already be in legal possession as this predated needing to take long guns to an FFL.

                              Comment

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