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  • Dadbo
    Junior Member
    • Jul 2010
    • 33

    Is this Legal/OK?

    My brother passed away about 10 years ago and his wife (living in Oregon) stated I could have his rifles. My daughters are going to visit her next week. Can my daughters bring the rifles back here? One is an old Stevens Favorite and another is a Ruger 10/22 I used back in the 60s when I was a kid. The other rifles are unknown at this time.

    They would be transported in locked case/s. Also what would I have to do be a legal owner in CA?

    Would it be better for my sister in law to ship them here to a FFL? Can they be shipped to me?

    They will also be stopping in WA for a day and also in SF for the SF marathon. Good idea or Bad?

    I don't want my girls to get into trouble and want to do things by the book. Any suggestions or comments will be appreciated.

    I am glad I found this site and the genuine sharing of information. Good luck to all and God bless.
  • #2
    rromeo
    Calguns Addict
    • Sep 2009
    • 6981

    I don't think your daughters will get in trouble for what you described.
    I do think you are supposed to go through an FFL. Unless the rifles went to your parents then back to you.
    I know how I would handle this.
    Never initiate force against another. That should be the underlying principle of your life. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

    - from THE SECOND BOOK OF KYFHO
    (Revised Eastern Sect Edition)

    Comment

    • #3
      kemasa
      I need a LIFE!!
      • Jun 2005
      • 10706

      Federal law prohibits the transfer of firearms between residents of different states.

      So, it would be better to have the firearms shipped to a FFL and then do the paperwork (DROS, etc.).
      Kemasa.
      False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

      Don't tell someone to read the rules he wrote or tell him that he is wrong.

      Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by kemasa
        Federal law prohibits the transfer of firearms between residents of different states.

        So, it would be better to have the firearms shipped to a FFL and then do the paperwork (DROS, etc.).
        had she given you the firearms soon after his death, it could have been considered distribution as part of his estate and would have been exempt from the federal law. But her giving htem to you 10 years later and trying to say that the estate is still open distributing assets is stretching it. Unless she gave them to you back then and you stored them at her house since you were not up to speed on how to legally get them to you in CA.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          Dadbo
          Junior Member
          • Jul 2010
          • 33

          Misunderstanding

          Sorry, I did not mean to imply they were under his estate and trying to get around anything. Just wondering if they could be transported to CA by my daughters and then registered here legally.

          Sounds like FFL to FFL is the way to go and I will inform her of that. Does that also go for the Stevens Favorite which was made I believe in 1920?

          I appreciate all the replies and taking the time to read this!

          Thanks

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by Dadbo
            Just wondering if they could be transported to CA by my daughters and then registered here legally.
            no. federal law prohibits the OR resident from transfering a firearm to a resident of a different state without using an FFL. federal law also prohibits a resident of one state going to another state, getting a firearm from a non-FFL, and bringing it back to his home state. There is no exception for your daughter to bring it back to an FFL to do the "paperwork".



            Sounds like FFL to FFL is the way to go and I will inform her of that. Does that also go for the Stevens Favorite which was made I believe in 1920?
            there is no federal or CA requirement that it go FFL to FFL. It just has to go directly to an FFL. As long as OR law allows it, your sister-in-law can ship the firearms directly to your local FFL (provided that your FFL will accept shipments from non-FFLs. Not all will, but that is a company policy, not a law) and then you'd have the FFL transter them to you. The FFL can charge as much as he wants to do the transfer. Normally the fees would be $25 state DROS fee + $25-150 in dealer fees.

            Yes, even the 1920 Stevens has to go through an FFL. If it was made before 1899, then it would be an antique and no FFL would be needed.
            Jack



            Do you want an AOW or C&R SBS/SBR in CA?

            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

            Comment

            • #7
              kemasa
              I need a LIFE!!
              • Jun 2005
              • 10706

              Just to confirm it, KE6GUI is correct in what he said.

              You should also get a letter stating that the firearms are either a gift or a private sale, an occasional sale and that your sister-in-law does not have a business so as to not have to pay sales tax.
              Kemasa.
              False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

              Don't tell someone to read the rules he wrote or tell him that he is wrong.

              Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

              Comment

              • #8
                Dadbo
                Junior Member
                • Jul 2010
                • 33

                Last questions, I think

                WOW!

                Thanks a lot for all the replies. I believe I am correct from the replies that she can ship them to a CA FFL who will accept the shipment and i do the DROS on them. Correct?

                What if some of them have never been registered due to the age originally purchased back in the late 60s - early 70s? Primarily thinking of the Ruger 10/22 and the Stevens Favorite which I learned to shoot on.

                Thanks

                Comment

                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  Originally posted by Dadbo
                  WOW!

                  Thanks a lot for all the replies. I believe I am correct from the replies that she can ship them to a CA FFL who will accept the shipment and i do the DROS on them. Correct?
                  correct.

                  What if some of them have never been registered due to the age originally purchased back in the late 60s - early 70s? Primarily thinking of the Ruger 10/22 and the Stevens Favorite which I learned to shoot on.

                  Thanks
                  doesn't matter. There is no nationwide registration of firearms that they would need to be on to be legal. And CA does not register rifles (other than AWs/.50BMGs and NFA stuff) so you don't have to worry about any "lack of registration" that happened in the past.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    Dadbo
                    Junior Member
                    • Jul 2010
                    • 33

                    Thanks guys for all the info and time spent with me. All I have to do is find someone in OC who will accept a shipment from her. Or have her ship from a FFL there.

                    Again thanks to all.

                    Comment

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