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Need advice from Calif

Midcop404Midcop404 Member Posts: 2 ✭✭
edited March 2013 in Ask the Experts
My brother is terminally ill and has a couple handguns he wants to give to his son who lives in Calif. One is a S&W M-59 with HC mag and the other is a Colt 357 Revolver. What does a Calif resident need to be able to legally receive and own these firearms??
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    HerschelHerschel Member Posts: 2,035 ✭✭✭✭✭
    edited November -1
    This is covered in Code of Federal Regulations 478.30. The section deals with transfer to a resident of a different state by bequest. The items should be included in the will if that method is used to transfer ownership. It appears to me, not being an attorney, that the person could take possession of the guns from his father's estate and transfer them to CA. If the father gives them to the son and wants to transfer them to CA they would need to be shipped to a dealer. Some dealers will not accept a transfer except from another FFL dealer. Delivering two handguns at the same time triggers having to report the transfer to the BATFE and local law enforcement by a special form created for that purpose. This would be done by the CA FFL dealer handling the transfer.

    I may have brought up more questions than I have answered but these are some issues that are relevant to the transfer.
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    mark christianmark christian Forums Admins, Member, Moderator Posts: 24,456 ******
    edited November -1
    Since neither of those handguns is on the CA DOJ list of approved pistols there is currently no chance. If your brother were actually dead and the son mentioned in his will then the pistols could be transferred through bequest. I am not trying to be mean or cruel but so long as your brother is living (and I hope he hangs in there) the pistols are not going to CA (the magazine can never come here). Please be sure that his son is specified as the recipient of the pistols in the will because an entire separate set of rules apply for interstate bequests and such transfers into CA are possible.
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    dfletcherdfletcher Member Posts: 8,162 ✭✭✭
    edited November -1
    I take it your brother lives in a state other than CA, correct? By "Colt 357" I go on the presumption that is the specific model, not just a description of make & caliber. The "Colt 357" model is C & R eligible and can be imported into CA, it is exempt from "the roster" requirements. The Smith 59 can be imported via CA's intrafamilial, interstate exemption to the roster. You will have to use an FFL to have the guns brought into CA.

    Interstate, intra-familial gift exempt from the roster is found in CA PC 12132(b) and 12078.

    The son must have, if he doesn't already, a CA HSC card. Takes 5 minutes to get, it's a simple "which end of the gun does the bullet come out?" test.

    The Model 59 +10 round magazine ought not be imported as it is generally not legal to do so. Getting a 10 rounder is easy.
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