• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Handguns stuck in CA, can anyone help?

B

Bosstone

Joined
Apr 21, 2014
Messages
37
Likes
9
Location
Metrowest
Feedback: 2 / 0 / 0
NES,

So my grandfather passed away last year, and my grandmother found a briefcase with 8 handguns in it (among them a Colt .45 govt issue that I was told a long time ago would be mine one day) and an expired FID from MA. She obviously doesn't want them in the house.

For the moment I've persuaded her not to call her friend who works for the LAPD to come and take them. Can anyone tell me what my best option would be regarding getting them back to MA? I've started to look up mailing them, but I didn't get too far with the laws, and I don't know how I'd have them transported from the house, or taken apart.

I'd appreciate any help anyone can offer.

Thanks!
 
IANAL, but I have always been under the impression that you're fine taking possession of firearms that you've inherited, even if they're in another state. I'd fly out and get them, then do a FA10 when I got back.
 
yah somebody else mentioned inheritance, but they weren't left to me in any will. If I flew out there I don't think I can legally transport them to the airport. And I don't know how'd go about getting them on a plane
 
i just went through this, within 180 days, the executor of the estate can hand them to you....
after 180 days they have to go through a dealer....

handguns would have to go from a dealer in CA to a dealer in MA and if the guns aren't MA compliant, the MA dealer can't transfer them to you...

if the firearms are over 50 years old or newer than that but on the C&R list, and you have a C&R license (03 FFL)
she can send 'em UPS right to your house.....

handguns must go next day air, long guns can go ups ground.....

http://mafirearmsafety.com/2012/07/gun-sense-36-firearms-transaction-fa10-form-ma/

fly out, road trip back probably your best bet....


also.. sorry to hear about your grandfather.....
 
If the OP drives back, does he have to do anything when he gets here, or just throw them in the safe?

(I'm just curious)
 
Hello. Agree that probably fly in and road trip back is best. However, another option will be to ship the frames only, no slides (for semi autos), from CA FFL to MA FFL. That way the FFL in MA can transfer to you regardless if they're compliant, in the roster or not. Then bring or ship the slides directly to you. Put them together here and FA-10. The compliance issue is for the FFL, so they're limited in what they can sell or transfer, not on what you can own. So key is how to get them into MA legally. Check with a lawyer for full details. Hope this helps.
 
your going to need someone you trust and knows the laws in CA. I can almost count on my gut that if grandma walksxinto FFL in CA they will not be helpful in sending them to MA? Have grand ma box up the brief case and shop to a ma ffl.
or fly out box them up yourself and ship them to a FFL.... you say a expired mass ID. ship that also may or maynot help to transfer. good luck
My friend missed out on a sizable collection by not acting quickly.

As for inheritance ..... if there was not a will specifically naming anyone to those guns and your grandma is his sole beneficiary /executor of estate she does have the power to dispose of articles in the estate.... there might be some bs caxlaw that says grandma has to wait X days for anyone to lay claim to something?
 
While you're there visit with Grandma... Guns aren't everything.
 
IANAL, but for firearms law I am a dual resident of CA and MA

I would contact a CA gun lawyer as there are some specific CA gun laws that may/may not be applicable to this situation:

1. To legally possess a handgun in CA a resident must have a "Handgun Safety Certificate". Starting in 2015 this will be changed to a "Firearms Safety Certificate" which applies to possession of both handguns and long guns.

2. Under Ca law a firearm may be "loaned" to another resident for a period not exceeding 30 days. After 30 days the firearm must be formally transferred to that resident thru an FFL.

3. Ca law allows "Interfamily Transfers" which allows transfer of firearms from parents/grandparents to children/grandchildren.

I do not know what the CA laws are concerning firearms inheritance, or possession issues relating to the death of a spouse.


If your grandmother lives in the LA area I would recommend you contact Michel and Associates in Long Beach. They are a prominent firearms law firm

http://michellawyers.com/

You can also post this question to the Calguns forum, which is the CA equivalent to NES, for advice for this situation

http://www.calguns.net/calgunforum/index.php
 
Grandpa keep them quiet... you should have too.
 
Im not sure id poat about it rather pick up the phone and call a friendly FFL or a good lawyer versed in firearms law

Sent from the blind
 
Bosstone said:
... If I flew out there I don't think I can legally transport them to the airport. And I don't know how'd go about getting them on a plane
Click to expand...

Just find the right charter...

 
Last edited by a moderator:
Fly down, pick up firearms, have attorney draw up a document stating that the executor of the estate turned over the items IAW the verbal request of the deceased. Fly home. file eFA-10 within 7 days of return. Done?
 
Last edited:
inerlogic said:
i just went through this, within 180 days, the executor of the estate can hand them to you....
after 180 days they have to go through a dealer....

handguns would have to go from a dealer in CA to a dealer in MA and if the guns aren't MA compliant, the MA dealer can't transfer them to you...

if the firearms are over 50 years old or newer than that but on the C&R list, and you have a C&R license (03 FFL)
she can send 'em UPS right to your house.....

handguns must go next day air, long guns can go ups ground.....

http://mafirearmsafety.com/2012/07/gun-sense-36-firearms-transaction-fa10-form-ma/

fly out, road trip back probably your best bet....
Click to expand...

There is so much wrong here . . . where to begin?

- OP states that he was NOT named in a Will or anything else to document that he is entitled to any guns via Inheritance! Look up the term in a dictionary, just because someone dies various people known or related can't claim something as inheritance legally.
- I know MA gun laws and the Federal law on inheritance, but no clue about inheritance as it relates to CA law, so I won't go there. Ditto on a CA TRANSFERRING a C&R gun out of state, I suspect it can't be done by a mere subject of CA, but one would have to know CA laws here, and I don't.
- The 180 days comment above is totally wrong but also irrelevant since the guns are not held by anyone in MA. Also inheritance is not the issue here, it would be a regular transfer between 2 individuals and whatever laws apply to that.
- Fly out and bring them back and you are looking at a Federal felony and time in the "big house"!!
 
Huge hassle. Wonder why they made it that way? I am taking Len's seminar one of these days.
 
Fixxah said:
Huge hassle. Wonder why they made it that way? I am taking Len's seminar one of these days.
Click to expand...

Which day will that be? [smile]

Seriously, that's why I spend considerable time in my seminar on the inheritance topic. Hopefully my students understand it when I'm done.
 
Why can't Grandma just call (or the new owner call) an FFL in CA and have him/her go to the house, sign a receipt listing the hardware, then they would ship them to the new owner's FFL in MA and the paperwork would be done and above board. It doesn't have to be complicated, does it? Notice that I'm not suggesting Grandma TAKE the hardware to the FFL as that would expose her to legal issues. An FFL, however, could just visit her home and take responsibility for the handguns and ship 'em for a fee. She would retain the list describing them along with serial numbers and, hell, use a cell phone to take photos, too. Easy as pie and above board.

Rome
 

Similar threads

Does anyone have
Replies
11
Views
328
HARRYM
H
Help identify
Replies
4
Views
202
Taipan01
Taipan01
can someone tell me in layman's english how exactly does israel's "iron dome" work?
2 3
Replies
60
Views
970
drgrant
drgrant
Migrants can carry guns
Replies
23
Views
714
KBCraig
KBCraig
Can you guys tell me what this is?
Replies
7
Views
473
LittleCalm
L
Back
Top Bottom