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November 6, 2012, 06:46 PM | #1 |
Junior Member
Join Date: November 4, 2012
Location: Los Angeles, CA
Posts: 3
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Transferring Ownership in CA
My who uncle who passed away earlier this year wanted me to have his S&W 686-2. He made this known to my family and my Aunt obliged and now I physically have the gun. But no paperwork or transfer of ownership took place before he died. Does anyone know what I have to do to become the legal owner of this gun in CA? I've tried to do some research about this on my own but found unclear and sometimes conflicting info. I also could not find this gun in Roster of Certified Firearms, found the 686-6 but thats it. A few people have told me that its not a big deal to have this gun registered in my name, just dont do anything no range will ever ask about it. Does anyone know what I have to do for get this gun registered in my name???
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November 6, 2012, 07:37 PM | #2 | |
Senior Member
Join Date: January 7, 2009
Location: Southern California.
Posts: 254
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get to an FFL
Do the transfer of ownership paperwork, pay the fees, do a DROS, wait 10 days while they keep the gun. Pick it up when all is approved.
It seems to be just like buying a new handgun in California. I discovered this when wanting to transfer a gun to my Son-in-Law
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Clinging to my God and my guns! Luke 22:36 Quote:
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November 6, 2012, 07:49 PM | #3 |
Senior Member
Join Date: May 25, 2011
Posts: 1,755
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Is your aunt a CA resident?
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November 7, 2012, 12:56 AM | #4 |
Senior Member
Join Date: November 21, 2010
Location: So. Cal. Unfortunately!
Posts: 134
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Go online to the california DOJ site and download the PDF file for a voluntary firearms registration, pay the $$ and state on the form the person who previously owned the firearm passed away. No wait since you already have the gun and the previous owner can go with you to a LGS for a PPT.
Or go to your LGS along with your aunt if she lives in the state and do a private party transfer (10 day wait).
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Formerly Samuel2001 |
November 7, 2012, 01:21 AM | #5 | ||
Senior Member
Join Date: May 25, 2011
Posts: 1,755
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The following does not imply that the pistol was left by will, but rather by informal request.
Quote:
Also, there is the issue of it being a non-roster pistol. Setting aside for a moment the possible federal offense that was committed, if his aunt is not a CA resident, state law has also likely been broken by bringing a non-roster pistol into the state via transfer of ownership. If his aunt is not a CA resident, the prudent course of action would be to consult an attorney who specializes in firearms law, and post no further details on the internet. If she is a CA resident, this Quote:
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November 7, 2012, 06:17 PM | #6 |
Senior Member
Join Date: June 4, 2007
Location: Concord, CA
Posts: 193
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The inheritance sounds a bit informal, but
If that were the case, neither California nor the Feds require an FFL to be involved, and it would have been entirely legal to just pick up the gun and bring it to CA - the Roster has no influence on inheritance. Proper paperwork in the case of inheritance is to file the OPLAW form, http://oag.ca.gov/sites/all/files/pd...rms/oplaw.pdf? OTOH, if the aunt was the beneficiary and just gave the gun away because uncle wanted it that way, it would NOT have been an inheritance. Then sigcurious's post applies. |
November 7, 2012, 07:31 PM | #7 | |
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Join Date: May 25, 2011
Posts: 1,755
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Quote:
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November 7, 2012, 08:03 PM | #8 | |
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
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Quote:
If everyone is a resident of California, California law (Penal Code 27870 and 27875) provides for an exception to certain formalities of transfer if by "bequest or intestate succession" when between members of the immediate family (parent/grandparent to/from child/grandchild). For interstate transfers, federal law (18 USC 922(a)(3) and 922(a)(5)) provides an exception in the case of transfer "by bequest or intestate succession." A "bequest" is specifically a gift under a will. And under the law a will must (with a few very narrow and rare exceptions) be in writing and satisfy certain formal requirements. "Intestate succession" is a very specific statutory protocol for the distribution of a decedent's property if he dies without a will. Bequest or intestate succession aren't necessarily simple processes. Depending on applicable law and the amount of property involved, doing thing properly could involve probate, the probate court, audits, lawyers and a lot of legal rigmarole. Or it might not. But if it does, and all the procedures aren't adhered to, does that nullify the exceptions in state and/or federal law to certain requirements for the transfer of firearms? Again, I really don't know. However, I would not be surprised to see a court apply the formality exceptions very narrowly to only bequest/intestate succession transfers that strictly satisfy state law requirements for the settling of a decedent's estate.
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper Last edited by Frank Ettin; November 7, 2012 at 09:51 PM. Reason: clarify |
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california law , laws , legal , ownership , transfer |
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