inheriting guns from friend az to ca

[cweagle]

a good friend of my recently passed away. his will stated that i recieve his guns. We are no related in any way other than friends. His wife the executor of the estate lives in arizona as did my friend.

He was given the guns from his old friend that passed years ago. One gun is a smith and wesson model 915, the other is an older marlin 12 gauage shotgun.

How do I go about accepting ownership of these guns? Transfer? legality? I am having a hard time understanding all the different exemptions to laws

your help is greatly appreciated

[M1NM]

I'd assume the executor would have to take them to an FFL with a copy of the will and have them shipped to the FFL you pick in your state. Of course it also depends on if the guns are CA friendly.

[cweagle]

hi,
i am getting conflicting answers. Just trying to get it done correctley. I have been told that I could go to az and take possesion of the firearms, bring them to cali and voluntarily register them. The handgun cannot be transfered through ffl because it is not on "the list" but it is legal to own in cali.

Not sure what to do, I was also told that if his will requests that i get the firearms they are exempt?

[ke6guj]

federal law allows for the executor of the will to transfer the firearms directly to you, without needing to use an FFL.

CA law also allows for the executor of the will to transfer the firearms directlty to you, without needing to use an FFL. If you receive any handguns in this manner, CA law requires you to register the handguns with CADOJ via the op-law form. Since there is no need for you to have any handguns transfered through an FFL, the roster of not unsafe handguns should not apply in this case.

[bussda]

Many threads on inheritance, or see the wiki. Simply, IIRC, she ships them to you or you pick them up. No FFL required. Inheritor needs HSC and complete oplaw for handguns.

[Librarian]

Details at the wiki -- http://wiki.calgunsfoundation.org/In...and_Interstate

No FFL needed.

[cweagle]

sorry to ask so many questions. I just dont want to risk losing my deceased friends guns.
If I understand correctly it would be best for me to go pickup the guns and then register them in cali. Does this include the shotgun? Should I have a copy of his will and a statement from the executor?

[Librarian]

sorry to ask so many questions. I just dont want to risk losing my deceased friends guns.
If I understand correctly it would be best for me to go pickup the guns and then register them in cali. Does this include the shotgun? Should I have a copy of his will and a statement from the executor?

OPLAW form for handguns only.

No particular reason to have any docs; won't hurt anything if you do.

Picking them up is simplest; probably costs less, avoids arguments with shippers.

[cweagle]

hi,
which law superceeds federal or california?
federal law 18 USC 922 (a)(5) says inhertinace is exempt of using FFL
CA penal code 27870 says the transfer is exempt from FFL if not a handgun

thanks
Again

[kemasa]

Both state and federal law has to be followed, one does not exempt the other.

[Librarian]

hi,
which law superceeds federal or california?
federal law 18 USC 922 (a)(5) says inhertinace is exempt of using FFL
CA penal code 27870 says the transfer is exempt from FFL if not a handgun

thanks
Again

You also need PC 27920, which allows inheriting handguns but requires filing the OPLAW form for them.

[cweagle]

Doj says i cant be exempt if not directly related, father/son, i was told if i submit oplaw form, they will not process it?

[kemasa]

The name of the form is:

Report of Operation of Law or Intra-Familial Handgun Transaction (BOF 4544A).

You can't believe everything that you are told on the phone from the DOJ. Read the instructions.

[1000stars]

It has to be inherited through family lineage great grandparents, grandparents, parents to you. Not cousins, uncles, aunts. Otherwise it was willed to you. You did not inherit the guns. The Inheritance Law is not in effect.

[cweagle]

That is what bequested means correct? Willed is the same as bequested I think.