How to transfer a family rifle

[kablooie]

I've been researching and need clarification on the options I have in obtaining my father in law's SKS (unknown if registered to him, however the story is that him and some buddys bought a pallet full of them and it appears to be stock and in his possession for many years).

He lives in WA and is in hospice with no more need for his SKS. His son picked up the SKS and took it back to MT with him (no FFL transfer involved). FIL says I can have the gun (basically an inheritance), however BIL and I are working out how to get it to CA, as legally as possible.

I know he can ship it to me to the local FFL and I pay fees ($75 Riflegear) and wait 10 ten days and it's mine.

However, he's flying out for Thanksgiving and can more than likely bring the rifle with him on the plane. Once he's here, then what? Can he/we family transfer it to my wife or do we need to DROS it at the FFL?

Any other options (i 99% sure he cant drive it across state lines right?) especially if it CAN be considered an inheritance... and when is it considered an inheritance?

thanks!

[Mssr. Eleganté]

The transfer from the father in Washington to the son in Montana was a violation of Federal law. Transfers of firearms between residents of two different States have to go through an FFL if both parties are still alive. It's only considered an inheritance when the owner of the firearm has died and has either left the firearm to somebody in his will or, absent a will, the laws of intestate succession say that the property should go to a next of kin. With inheritance Federal law says no FFL is needed for interstate transfers.

If you want the rifle now it will need to be shipped or taken to a California FFL for transfer to you. The FFL can charge whatever they want for this service. Prices tend to range from $50 to $150.

[kablooie]

The transfer from the father in Washington to the son in Montana was a violation of Federal law. Transfers of firearms between residents of two different States have to go through an FFL if both parties are still alive.

I figured as much but son doesn't want guns disappearing or being illegally used and dad being liable.

If you want the rifle now it will need to be shipped or taken to a California FFL for transfer to you. The FFL can charge whatever they want for this service. Prices tend to range from $50 to $150.

correct. any thoughts on him bringing the rifle with him on the plane? This would save on shipping and I'd want/need to get a hard case for it anyways. So i'm guessing the FFL fees would still apply in this manner or would we only need to do the $19 familial document (to my wife's name of course).

[jtmkinsd]

I figured as much but son doesn't want guns disappearing or being illegally used and dad being liable.



correct. any thoughts on him bringing the rifle with him on the plane? This would save on shipping and I'd want/need to get a hard case for it anyways. So i'm guessing the FFL fees would still apply in this manner or would we only need to do the $19 familial document (to my wife's name of course).

Bringing it on a plane to give it to someone would be identical to driving it across state lines to give it to someone. He can put it in a box (I'm assuming it does not have the grenade launcher on the end of the barrel...those are a no-no in CA) and ship it to an FFL in CA using UPS. I'm pretty sure he'll end up paying at least that anyway in baggage fees with the airline...not to mention, he would need a hard case to transport with the airline...another cost.

[Mssr. Eleganté]

...any thoughts on him bringing the rifle with him on the plane? This would save on shipping and I'd want/need to get a hard case for it anyways. So i'm guessing the FFL fees would still apply in this manner or would we only need to do the $19 familial document (to my wife's name of course).

Yes, he can bring it with him on the plane. You and he would then go to an FFL local to you and do a transfer. The FFL fees would still apply, as would the DROS and ten day wait. The intra-familial exemption doesn't apply here at all since...

a) your wife and her father are residents of two different States
b) your brother in law and your wife are residents of two different States and aren't considered "family" under California firearms transfer laws anyway.

[Librarian]

Yes, he can bring it with him on the plane. You and he would then go to an FFL local to you and do a transfer. The FFL fees would still apply, as would the DROS and ten day wait. The intra-familial exemption doesn't apply here at all since...

a) your wife and her father are residents of two different States
b) your brother in law and your wife are residents of two different States and aren't considered "family" under California firearms transfer laws anyway.

and (c), within-CA intrafamilial transfers of long guns are paperless - no form or fee to DOJ is required.

Sorry that doesn't seem to work in this case.

[kablooie]

So then what happens if my BIL brings the gun on the plane, leaves it here in CA because he doesn't want it anymore and goes back to MT? And then say, I keep it here with me.....? What then?

We're not trying to circumvent the law, but just want to know what can happen should we not have time to DROS the rifle over his Thanksgiving vaca.
Thanks.

[jtmkinsd]

So then what happens if my BIL brings the gun on the plane, leaves it here in CA because he doesn't want it anymore and goes back to MT? And then say, I keep it here with me.....? What then?

We're not trying to circumvent the law, but just want to know what can happen should we not have time to DROS the rifle over his Thanksgiving vaca.
Thanks.

HE has to bring it to an FFL, the FFL will need a copy of his home state ID. The FFL will then process it as an out-of-state ship in firearm for transfer. If he doesn't "have time" to do so, he can box up the firearm and ship it to his home address (it is perfectly legal for someone to ship their personal firearms to to themselves). He could also ship it from your address to the FFL (with a copy of his home state ID included). The best thing you could do is call the local FFL you want to use and ask them how they would like it done. It would be a shame to go through all the hassle and end up not being able to process it because of some "store policy" that throws a wrench in the whole works.

[Mssr. Eleganté]

So then what happens if my BIL brings the gun on the plane, leaves it here in CA because he doesn't want it anymore and goes back to MT? And then say, I keep it here with me.....? What then?

We're not trying to circumvent the law, but just want to know what can happen should we not have time to DROS the rifle over his Thanksgiving vaca.
Thanks.

You will have circumvented Federal and California law, even though I know you are not trying to.

The score would then be:

Father in law - one Federal felony
Brother in law - two Federal felonies, one California misdemeanor
You - one Federal Felony, one California misdemeanor

[kablooie]

Father in law - one Federal felony
Brother in law - two Federal felonies, one California misdemeanor
You - one Federal Felony, one California misdemeanor

Yeah, see... we don't want to do anything felony let alone misdemeanor wise. Not worth $75.

thanks for all the info