Handgun transfer from family member?
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Old 04-17-2011, 06:41 AM   #1
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Default Handgun transfer from family member?

My brother recently passed away after just moving to Las Vegas. He had several handguns that are to be given to me. Problem is, I live in California and the weapons (all legal) are being stored for the time being at the Las Vegas PD.
Long story why they are where they are, but they will be released to my sister-in-law as soon as they complete a background check on her.
Need some advice on how to make this a painless transfer..all help appreciated.

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Old 04-17-2011, 06:53 AM   #2
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Talk to an FFL gun dealer. We dont like to give legal advice on here. If you are going to stick around, please introduce yourself in the introductions section.

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Old 04-17-2011, 07:11 AM   #3
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Sorry for your loss

I'll 2nd talking to an FFL, they will know what can or can't be done regarding transfers of firearms to you in California. Good luck and let us know how things turn out.

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Old 04-17-2011, 07:17 AM   #4
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Sorry for your loss.

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Old 04-17-2011, 07:53 AM   #5
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Get a roster of all the guns you intend to transfer (make, model, and of course their capacities, since you're in Cali), and take it to a FFL. Do make sure to explain the situation. Given the circumstances and the fact that you intend to transfer multiple firearms, any FFL with a little integrity oughta give you a fair transfer price. If you're lucky it's $10-20 each, hopefully it's under $30 per...but I don't know what all costs may come in to play in California.

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Old 04-17-2011, 11:15 AM   #6
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For information only...

There is a requirement [PC 12078(c)(2)]. ref: http://www.calguns.net/calgunforum/archive/index.php/t-181823.html

Once given the firearms, you have up to 30 days to register the transaction with CA DOJ BOF.
You do this by sending in Report of Operation of Law or Intra-Familial Handgun Transaction (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) and $19 to CA DOJ BOF.

Penal Code 12078
(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.

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Old 04-17-2011, 12:26 PM   #7
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Your brothers guns are in the hands of the cops??? You'll probably never see them again....I bought a P-38 and a FN from the original owner who brought them back from Nazi Germany.They were never registered and were stored in the attic for the last50 some odd years. When I asked my local FFL how to go about getting them legal, the first thing he said was DON'T TURN THEM OVER TO THE COPS!!!! You'll never see them again. I turned them over to my FFL, he did the leg work, and they are now locked up in my wife's gun safe, registered and legal in NY.

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Old 04-17-2011, 07:07 PM   #8
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The primary Federal law that addresses the interstate transfer of ownerhsip of firearms is US Code, Title 18, section 922. In MOST cases, when ownership is being transferred across a state line, it must be thru a FFL in the recipient's home state- but there IS an exception for inheritance.

18 USC 922 A 3 It shall be unlawful.....
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

You WILL need to register firearms with CA DOJ, but you CAN drive over and pick up firearms that were bequeathed to you FROM THE EXECUTOR OF THE ESTATE or their agent- IF possession of THAT gun is legal in CA. If there are several, it may be much cheaper than having them shipped directly to you.

By the way, the word in there that throws some folks off is intestate. NOT interstate. It means without a will (testament)

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Old 04-17-2011, 07:26 PM   #9
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Thanks for all the responses.... I'm going to LV next week to find out what I can do to resolve the situation.

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Old 04-17-2011, 08:38 PM   #10
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Can't you just drive to Vegas and carry them back to California?

Paul
Salome, AZ

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