california gun inheritance form
I'm new here. My father passed away a year ago and I found a .25 cal pistor, a 9mm pistol and a 20guage shotgun in our garage. I just passed my handgun safey test and wanted to know how I go about registering these. I asked the guy at the gun shop and he told me to go to the DoJ website and I can just fill out a form. I can't find it on there website and the guy at the shop wan't too helpful when I asked him for a link or more help. If any of you guys know what I should do I would appreciate the help.
I would check with the local PD or Sheriffs dept. to see what information you can get. That will be more helpful and legal than what you can get here. No slam on anyone intended, just a fact. Good luck with your search.
I was told whatever I do, don't go to the police station because they will treat me like a criminal for doing nothing and will probably search my whole house and car.
First of all, there's federal law:
According to BATFE, if you are your father's heir, then the pistol comes to you as a bequest. Guns transferred by bequest require no federal paperwork at all. They can even be shipped by common carrier, without any recourse to a licensed dealer, from executor to legatee.
Now then, about California law:
California has changed its laws often enough, and recently enough, that almost nobody is "up" on them except lawyers. The police haven't a clue, so never ask them.
If your father had an estate to leave you, then there was a will. If there was a will, it may have been drawn up by "the family lawyer." If there's a "family lawyer," then he's the one to ask.
Or, you can toddle right down to your nearest public library and ask the Reference Librarian for Standard California Codes, or some other, similar set of books containing the most recent California state laws. In that reference, you will find an exact answer to your question...but it'll require patience on your part, to find the proper law and to make English out of the Legalese.
But never, never ask the cops.
FAQs number five of the CA DOJ site may pertain to your situation.
Ah, good...It takes a Californian to know where to find California law, forms, and information.
I haven't been a Californian for 11 years, so my information is sketchy.
First- sorry about Pop's.
Second- one can give a gun to a immediate family member.
For long guns (the shot gun) you do not need to do squat. Period.
For HG: Father to son etc requires no transactions. It is legal as a gift so long as the recipent is "OK" by the state (non-felon, see other restrictions for HG) to have same and the firearm is not an "assualt weapon".
If these HG's were never registered and purchased new by your dad, shine it, you do not need to do anything else. Perios.
Even if they were registered by your father as new, you don't need to Resigster them.
You can Register them if you like but that will cost you cashola and you'll lose the guns for 10 days for BGC if you do it through an FFL.
I consider the Inter-familial Form a formality and un-enforceable. I'd shine that too and am going to when I pick up some of my pop's guns here shortly.
Screw it- stay out of the police stations, FFL's and just keep them in your safe and momentos of you father. They are a great link between generations and one of the few things a father can pass onto his son w/o having to get fingerprinted in this state anymore.
The only thing you MUST do is fill out the Interfamilial Form for the HG's only.
" Firearms obtained through intestate succession or by bequest, sales or transfers
between “immediate family” members. Immediate family means parent and child,
and grandparent and grandchild. (NOTE: Individuals who receive a concealable
firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun
in this manner must be reported within 30 days to the Department of Justice on forms
provided by the Department of Justice.)
(Penal Code §§ 12078(i)(1)(B), 12078(c)(2)(A).)"
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