NV to CA firearm transfer (bequest?)

[gbran]

Chapter 44. Firearms
(Title18, U.S. Code, Sections 921-929)
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

I've been told that firearms transfers between residents from different states would require the use of an FFL. The above fed law seems to verify this, but makes exceptions for certain circumstances. One of those is "bequest".

There are several definitions for "bequest", which can be a gift, property gained thru a will, etc. I am curious as to what the feds view as bequest in this citation.

More specifically; can a family member from another state give (bequest?) a firearm to another family member in another state without having to do an FFL transfer. A bequest in the above citation clearly is excluded from ffl transfer........ so WTH is "bequest"?

 

[jrfoxx]

I cant provide anything to back it up, but I BELEIVE that the BATFE defines "bequest" as guns left to someone in a leagl will and testiment, after the persons death. I REALLY dont think the use/allow the "gift" definition.AFAIK, the only way to avoid using an FFL in an out of state transfer is having them willed to you.

Edit to add:
from my digging on .gov sites, It looks the only time the "gift" definition of "bequest" applies to guns is when giving them to a museum, intitution, etc.Otherwise with regards to guns, it means "left to you in a legal will".

 

[billwiese]

Gifting would not be exempt from FFL requirement - that's just a transfer, and it'd be across state lines.

If someone dies and leaves you a gun then 'bequest' would come into play if it's not a normal inheritance situation.

I think many folks have misused the concept of inheritance - gramps is getting a bit old & dodgy so someone else takes his guns. 'Inheritance' means the orig owner kicked the bucket - doing it in advance would just be a transfer.



Bill Wiese
San Jose CA

 

[EOD Guy]

I asked that question of BATF Hq a couple of years ago. Their answer was that the bequest must be from an estate as stated in a will or must be an intestate (without a will) transfer made in accordance with state law on inherited property.

 

[gbran]

Thanks EOD Guy

That's what I was looking for.............. someone who had a 1st hand answer.

 

[Car Knocker]

Although the feds may not require an FFL transfer in a certain situation, a state may certainly require one.

 

[SigLaw]

It is my understanding that CA does in fact require the use of an FFL to transfer a handgun from out of state, be it a bequest or otherwise.

 

[billwiese]

It is my understanding that CA does in fact require the use of an FFL to transfer a handgun from out of state, be it a bequest or otherwise.

You're a bit unclear.

As we discussed above, probate/inheritance receipt of a firearm across state lines does not require FFL intervention to keep the Feds happy.

California law has 12078PC exemptions for such matters of inherited or 'operation of law' transfers. If the firearm inherited is a handgun, the recipient must hold a valid HSC card (Handgun Safety Certificate, $25 and simple test at any CA gunshop) and file registration papers with DOJ Firearms Bureau within 30 (?) days of receipt of handgun. Ordinary non-AW long guns do not require CA paperwork or dealer intervention in inheritance/probate matters.

Such inherited handguns do not have to be on the Roster of Handguns Approved for Sale in CA, either.

A similar CA exemption allows for intrafamily transfers of firearms (non-AWs).
'Intrafamily transfer' is restricted by law to grandparent, parent, child or grandchild relationships only - no uncles, cousins, etc. Since this is not an inheritance situation in such a transfer across state lines, the Feds/ATF require an FFL to be involved - but CA itself does not. (As such, it appears the CA 10 day waiting period may well not apply.) Again, intrafamily transfers of handguns have no requirement for the handgun to be Rostered.



Bill Wiese
San Jose CA

 

[Librarian]

It is my understanding that CA does in fact require the use of an FFL to transfer a handgun from out of state, be it a bequest or otherwise.

It seems to be a bit more complicated than that.

The Feds do, indeed, exempt bequests from the FFL-in-receiver's state requirement. [18 USC 922 (a)(3)]

California allows that ONLY for parent/child or grandparent/grandchild - there's no distinction in the PC between in-state and out of state. [California Penal Code 12078(c)(2)]

So, if one lives in CA, and one inherits a handgun from out of state from a parent or grandparent, it's apparently legal to drive out of state and take possession, and then drive the handguns to CA and file the Intrafamilial Transfer or Operation of Law form, pay the fee, and continue to enjoy the bequest. The beneficiary must also have the California Handgun Safety Certificate before taking possession. Such transfers are also exempt from California's 'Roster of Handguns Certified for Sale'.

Where it looks trickier is if the inheritor cannot go out of state to take possession, or where the deceased is some other relationship to the beneficiary. It looks like that transfer does have to go through a California FFL, with transfer fees and 10-day wait and those things. [California PC 12072(d)]

And it appears that a handgun bequest from other than the defined 'immediate family members' must be on the Roster. The listed exceptions in PC 12132 do not include generic bequests but only those described in 12078.

Aren't you glad you asked ....

ETA: I'm not sure if Bill and I disagree here - I think we're emphasizing different things.

The bequest through FFL might not be absolutely required, but getting FedEX to deliver a handgun interstate to a non-FFL might be interesting. In sane places, shipping a handgun off to a licensed repair facility and returning it directly to a non FFL isn't a problem (even in California!). This strikes me as a bit different, and might just bump up against 'policy'.