Other State Need non-binding opinion: family inheritance/transfer from OR to CA

[BAJ475]

If a person is a California resident and brings a firearm into California, they have a certain number of days to register that firearm with Calif DOJ. The same applies to a person who has recently moved into California and is establishing a residence here.

No, it is different. New residents are given a time limit. Ca residents must have firearms shipped to a CA FFL for delivery.

 

[BAJ475]

To whom may an unlicensed person transfer firearms under the GCA? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm...

www.atf.gov

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

It says nothing about a it being a family member or not, but that would be covered by the family exception in the Oregon state law. So it is neither against Federal or OR state law.

Correct, but parents are not deceased so bequest or intestate succession are not applicable.

 

[ma96782]

You know that your internet is bugged, RIGHT?

Aloha, Mark

 

[BAJ475]

NOT LEGAL ADVICE, NOT A LAWYER.
The transaction in Oregon is legal due to family exceptions. The eldest son will now own the firearms. Then he has to get them into California. Assuming they are firearms that are legal to own in California at all: as of January 1st, 2014, that would make him a "personal firearm importer" and he would have 60 days to fill out form BOF 4010A along with a $19 processing fee.

That said, there's no paperwork on these shotguns, so if he has lived in California since 2013, maybe he has had them the whole time, I donno I'm not a lawyer.

While the transfer may be legal under Oregon law, it is not legal under federal law. Nor would it be legal under CA law. As a CA resident, he cannot use the BOF form, that is for new residents not existing residents. Maybe he has had them the whole time? The post says otherwise, so you are indirectly auggesting that they violate the law, which has serious consequences. When it comes to loosing firearm rights for life, that is something that I would not even jokingly suggest.

 

[JohnnyMac]

Depending on the course he takes, make sure he buys ammo before he gets back to Kalifornya. From what I understand you can only buy ammo for firearms you have registered with the state.

 

[rfmjchp]

No, it is different. New residents are given a time limit. Ca residents must have firearms shipped to a CA FFL for delivery.

The California residents" are given a time limit" is my mistake.

 

[Librarian]

I have not read all of the replies but to answer your first question the answer is NO! Transfer of a firearm across state lines must utilize a FFL in the receiving party's state and a violation is a federal felony. Next, you have to look to CA law for additional requirements. CA law generally does not prohibit family members from bringing their firearms to CA unless they are CA assault weapons or have magazines that exceed 10 rounds or are otherwise prohibited. The shotgun/pistol presents a potential problem, in that, CA has laws against handguns designed to fire shotgun shells. It may also be an assault weapon under CA law. So parents first need to determine if shotgun with pistol brace can be lawfully possessed in CA. My guess is no. With respect to the shotgun with a standard stock, parents can transport it to a CA FFL who can transfer the shotgun to son. Or parents can ship it to the FFL if the FFL is willing to accept a shipment from non FFLs, many will not. If not, parents can use an OR FFL to ship shotgun to a CA FFL near where son resides. You are correct this is not legal advice because you are not my client, it is for general educational purposes only.

^^^ This, including the supplemental post that reminds us this does not appear to be inheritance - inheritance requires that the giver be dead.

In actual inheritance, from parent/grandparent to child/grandchild, CA law goes along with Federal law, and no FFL is required; the CA-resident receiver must file the OPLAW form. The Feds do not have CA's silly family relationship restriction.

But transfer among living participants who are residents of different states are subject to Federal law on the point, and an FFL is required.