Q: My dad died 1 year ago. Yesterday, I found 5 guns that no one knew he owned, not in trust. Can I transfer?
Mother doesn't want them in her house. Can I take possession?
There are 5 handguns. Purchased before 1990, so most likely pre registration mandates. Wouldn't be surpised if they are all not registered.
Family friend who is a police officer has taken posesssion and running them through the database.
Options seem to include getting an FSC and filling out an intra-familial firearm transaction.
I just picked up and FSC.
Do I have to go to a Federal Firearms Licensees and do a 10 day background check since he's dead? If he was alive I know i could just do option 1.
Add into parent/ child trust after his death?
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A:
Based on the details provided, here are a few key considerations for transferring those firearms in California:
- Since your father passed away over a year ago, you cannot directly inherit the guns or add them to a parent/child family trust. Those processes require the parent to be alive.
- As the next of kin, you may be able to take possession of the guns through an intra-familial firearm transaction. This would require you getting a Firearm Safety Certificate (FSC) and completing the proper DOC forms.
- For the intra-familial transfer, you would still need to go through a licensed firearms dealer in California and undergo the background check and 10-day waiting period before taking possession. You cannot just directly take ownership of the guns yourself.
- Since the guns were likely not properly registered to your late father originally, this could complicate matters. Consulting an attorney who specializes in California firearms law would be advisable to review your options and liability.
- Voluntarily turning unwanted guns over to law enforcement is often the simplest option. But if you do wish to legally take ownership, be upfront about what you know regarding their unregistered status to avoid any charges related to concealing that. The next steps would still involve going through a dealer for transfer.
I would recommend having an attorney thoroughly review the full situation before attempting to take individual ownership of those firearms yourself. Please let me know if you have any other questions!
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