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Thread: Question parent to child gift as well as post death gift....

  1. #1
    Regular Member We-the-People's Avatar
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    Question parent to child gift as well as post death gift....

    So my father recently passed away and there are a couple of guns that he had given away to us kids years ago (a couple in the 90's and 1 in 99 or 2000).

    I now live in Oregon, with the gun he gave me. My sister lives in Cali with the one he gave her. My brother is in the Phillipines and the gun he gave him at temporarilly at dad's house (with mom) but he's a Cali resident.

    Since dad's now gone and can't verify that he gave these weapons to us, and when, is there any concern about having them in Cali and not registered? I left Cali before registration was mandatory like I understand it is now and neither my mother, brother, or sister has a clue about the laws in Calif and I'm in Oregon.

    Also, we understand that anything (weapons) mom gives us now would need to go by current laws with interfamily transfer, HSC for my brother and sister, FFL for me (interstate), etc. I'm just concerned that they might try to snatch some of the ones he gave us years ago if they ever come across them. (I open carry in Cali when I'm visiting). I'm wondering if MOM has to go down and transfer all of the guns to herself since I'm almost positive they were all purchased in dads name.

    To complicate things, he was Retired CHP and may have had to "register" anything he carried as a BUG or while off duty. I have no idea.

  2. #2
    Regular Member wewd's Avatar
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    California and federal law allows firearms to be directly transfered between familial parties when a death is involved, inter- or intra-state. Inheritance is one of the few exceptions where guns may be privately transferred across state lines without the involvement of an FFL. If your mother is the executor of your father's estate, she should be able to give any of his guns directly to you. I don't believe there is a time window to do so. You don't need any HSC or Oplaw forms since you are taking the firearms out of California. If you were a California resident receiving firearms from another state or within the state, an HSC and Oplaw form would be required for any handguns inherited.

    See threads here for more detailed info (Librarian's posts in particular):
    http://www.calguns.net/calgunforum/s...d.php?t=178493
    http://www.calguns.net/calgunforum/s...d.php?t=141236

    If you're worried about the (hand)guns you already possess not being registered to you in California, there is no requirement that they be. Some crimes committed with an unregistered handgun carry a harsher sentence than those committed with a registered one, but that's all.
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  3. #3
    Regular Member We-the-People's Avatar
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    Quote Originally Posted by wewd View Post
    California and federal law allows firearms to be directly transfered between familial parties when a death is involved, inter- or intra-state. Inheritance is one of the few exceptions where guns may be privately transferred across state lines without the involvement of an FFL. If your mother is the executor of your father's estate, she should be able to give any of his guns directly to you. I don't believe there is a time window to do so. You don't need any HSC or Oplaw forms since you are taking the firearms out of California. If you were a California resident receiving firearms from another state or within the state, an HSC and Oplaw form would be required for any handguns inherited.

    See threads here for more detailed info (Librarian's posts in particular):
    http://www.calguns.net/calgunforum/s...d.php?t=178493
    http://www.calguns.net/calgunforum/s...d.php?t=141236

    If you're worried about the (hand)guns you already possess not being registered to you in California, there is no requirement that they be. Some crimes committed with an unregistered handgun carry a harsher sentence than those committed with a registered one, but that's all.

    Does it make a difference that dad died without a written will? The guns were all his (mom never touched them) and any that are registered (if any) would be in his name. On his death they'd go to her by regular property law. Is that still the same as inheritance or would it become now a transfer from mom?

    I don't want to make a bigger deal out of it than it is but I know that Calif law on guns has gotten rediculous since I was a kid there and could just go into the store and buy my own ammo and long guns. let alone carry them.

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