Your father's estate executor is now the legal owner of the firearms. For you to legally inherit the firearms they must be individually registered with the California Department of Justice by you undergoing a background check for each firearm inherited.

If the estate executor moves the firearms out of state and you do not take legal ownership until you leave the state...

 

I'm just throwing this out there. Your father most likely collected firearms over many, many years. He might have acquired several firearms that were once legal when he collected them, that present day CA officials would now frown upon and possibly move to confiscate. IMHO, you may want to take legal ownership in a neighboring gun friendly state, such as Utah, and store them in a secure storage facility, until you can pick them on your move to ND. The longer they are in CA, the more risk there is, they will come under CA scrutiny.

Disclaimer: Even though I visited CA several times, I never lived there. Popeye would be the go to source regarding CA rules and regulations. I didn't even stay at a Holiday Inn Express.

 

Federal law says an unlicensed individual may transfer to or receive from an individual who resides in the same state with no FFL or 4473. I can move to the same state my daughter lives in, and bring my guns, and then give her one, but if we are not both legal residents of the same state, I must transfer to an FFL in her state and she must do the 4473.
There are some differences in inheritance procedures, but, since you and your Dad were both CA residents, those don't come into play UNLESS you move to North Dakota before taking possession of them from the estate. If that happens, you may be able to do it without FFL aid. Be sure of N Dakota's laws and if there're any registration requirements there. They've sure gummed up the works, haven't they!!!

(Question 2) https://www.atf.gov/resource-center/docs/0501-firearms-top-10-qaspdf/download

So, as an unlicensed individual, you can only receive your Dad's guns from the executor in a state where you are a legal resident, which is also strictly defined in Federal law, and the inheritance exceptions don't change that requirement. If the executor moves the guns to another state to escape CA's clutches and paperwork, you both must either be residents of that state before you receive them, qualify for the exception above, or go through an FFL in your state of residence at time of transfer.

If I were the executor, I'd check quietly into CA's laws and see if he is required to, as the legal owner, comply with any CA laws prior to moving them out of state. CA law is what happened when NY law and NJ law had a baby. I will NEVER set foot in CA.

 

Thank you guys so much, this helped a lot. I now have more reason to hate California. (Hence the leaving and never coming back.)

 

Sorry To Hear About Your Dad

You may have been reading and hearing two different things but you need to consider the source. Where are you reading it? From official state sources or off a forum. Who are you hearing it from your buddies or a lawyer.

Although you should always be cautious about taking legal advice off a forum Popeye is a knowledgeable and trusted member here and lives in CA. He would be the go to guy to help you in this case.

Let me ask did he have a will or is one required or is probate involved?

Some forum members, including myself, are getting up there in years. No one knows when it's our time except the good Lord but he's usually not in the habit of telling us ahead of time. There are no huge legal hoops to jump through in GA and my paltry estate isn't worth fighting over so if I kick today -- make it tomorrow dear Lord because I want to see the election results. My kids can divvy up what I have and I talked to them about who should get what. As I feel I'm closer to the end I may pass ownership or get a trust and put it in writing as to who gets what. My dad did before he went and it made everything clear and a lot easier.

I'm not trying to put down ND and have never been there BUT..
There are reasons the population of ND is less than a million folks. So before you swear off and swear at CA you may want to proceed cautiously. You may be a young feller and you should never burn bridges.

 

Hello All,

I am new to this group and happy I found it. My question is basically the same as Tranquilsong's. I have a couple rifles that my father left me (all girls in the fam and I'm the only one who has an interest in these). I live in Wisconsin and the rest of my family lives in California. Its appears it is quite the ordeal to get these shipped to me from California to Wisconsin.

The rifles are older, not registered that I can find. Is there any easy way to get these shipped to me? If I understand correctly, I need to register them in my name, have background check, and have an FFL send them to me? Any way they can be sent to me and I register them in Wisconsin or does that not even matter?

Thanks in advance!