Hopefully an easy question for you.

[MHQN]

Hi everyone,

I just had a quick question about transferring ownership after death, and I wanted to clarify that I have this down right.

Here's the backstory: My brother passed away unexpectedly and left behind some long guns and a handgun. A brother and I will be splitting the firearms.

Brother was single, and parents are still alive, thus executor of his estate.

Do I have my mom fill out this form (http://oag.ca.gov/sites/all/files/ag...46NLIP0209.pdf) for all the weapons, then transfer the respective firearms to my brother and myself? Or is there another form that's to be filled out that can transfer directly to the siblings?

How does it work if my mom doesn't have HSC? Can she still transfer it to her name? I figured my brother (who will be taking possession of the handgun) will need to have his HSC, but does he need it before the transfer takes place?

Thank you.

[Librarian]

Sorry to hear about your brother. Presuming all parties here live in CA, no FFL required. (Even interstate, son to parent inheritance is exempt from the FFL in CA law as well as Federal law. But brother to brother is not.)

Did he have a will?

If so, guns go as the will directs. Those people file the OPLAW.

No will? Property goes through probate, and whomever is awarded the guns files the OPLAW (operation of law, same page on the AG's site) form. The NLIP form is useless and not applicable here.

ETA - OPLAW works only for direct up-down family relations; others need to run through an FFL, as a PPT. PC 27875(b). Sorry to be incomplete first pass.

For handguns, executor does not need HSC (in 2015, FSC), but final owners do need it - the form asks for the HSC #.

See also the wiki -- http://wiki.calgunsfoundation.org/In...and_Interstate

[SonofWWIIDI]

Sorry to hear about your brother.

[franklinarmory]

Good job Librarian. Honestly, it's cool to see your intimate knowledge of complex legal issues used to bless someone that could really use it. ...especially this time of year.