Shipping Inherited Guns

James K2020 said:

I also read that inherited guns (as opposed to a family sale for $$) does not require shipment by an FFL.

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No federal law requires an FFL to ship a firearm, nonlicensees do it thousands of times every day.

If that is true then I could have a family member send the guns directly to me through Fed Ex or UPS Priority and then to be totally legal I would register them in CA, where I live?

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Oh heck no.
One question.....by "inherited" was this specified in the will? Or a family member said "he would of wanted James K2020 to have these guns"?
First, UPS and FedEx prohibit firearm shipments from a nonlicensee to a nonlicensee. USPS prohibits firearms other than rifles and shotguns unless you are a licensed dealer.
Second, only the executor could ship the guns, and then only to an FFL. If you went to MO you could acquire them in person as long as CA law permits that. I know CA prohibits CA residents from buying guns outside of CA, but I'm not sure about bequests. But you are in California which has more restrictive requirements than Free America.

If that is the case it sounds rather painless but if I have to go through an FFL on both sides, my family member in MO probably won't want to deal with it.
Is this correct or do I have to go through an FFL?

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It may be cheaper to use an FFL to ship. Both guns can go in a USPS Priority Mail flat rate box for less than half the cost of using UPS Next Day or FedEx Overnight.....which those carriers require for handguns.

Theoretically, an inherited gun may be shipped to the heir.
But the carriers won't take it.
And California might not can stand it.

Californians can buy guns out of state, but if they bring them into California, "... California residents must have the weapons directly shipped to a licensed gun dealer. Then, before the dealer transfers the gun to the owner, it must follow the procedures for in-state gun transactions ..." However, there's some kind of exception for adults who've inherited a gun from an immediate family member (although they must have a valid safety certificate etc.). And all of California's rules on high-capacity magazines and "assault weapons" still apply in almost any case (though a derringer and an old revolver won't have a problem with that). I think you need to chat with a California attorney knowledgeable about firearms law -- or just go through a California FFL holder (it might be cheaper than hiring an attorney), even though maybe you'd have a case for direct shipping.

If there’s any real sentimental value to the guns, I’d just do a road trip.

I just moved to Nevada. While doing a little inventory, I found one extra gun I need to return to a friend of mine and, one missing I need to get back from another friend in Dallas.

Road trip time.

18 USC 922(a)(5):

The problem will be getting anybody to ship the firearms. It is illegal for a non-licensee to mail a handgun via USPS, and FedEx and UPS will refuse to take a handgun from a non-licensee to ship to another non-licensee. Your best bet is to either go get it in person, or have someone bring it to you.

James K2020 said:

Yes it's a bit confusing and if I wanted to drive to MO and back it wouldn't be an issue. Think I'll talk with the local auction house here in CA I've used for internet purchases and get their answer.
Thanks for the replies.

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You didn't specify and it makes a big difference in CA as to how you are related to the deceased (my condolences to you)

(This is a good source ingeneral for CA gun laws)
According to this......

http://wiki.calgunsfoundation.org/i...rearms,_both_within_California_and_Interstate

..... you may not be able to drive there and bring them back

Emphasis added by me.

That is, if one inherits one or several guns from a resident of another state (not California), and the deceased is not related to the beneficiary as parent/child or grandparent/grandchild, California law now requires that the guns be delivered to a California-licensed FFL. The beneficiary may not take possession out of state and bring the gun(s) into California.

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You should start by reading every word in that link. It gives the CA statutes to dig deeper too.

Aside from the obvious talking to a lawyer advice, I'd get a hold of a local FFL to make sure they'll do it. Some FFL are finicky about anything besides a normal or instate private party transfer.

Once you find a local FFL, search for one near the guns and have the same conversation about shipping to CA. Try to arrange for the guns to be dropped off there and you pay shipping etc.


Personally, given how CA is about this, I would want them to go FFL to FFL to minimize any potential liability down the road.

James K2020 said:

Yes it's a bit confusing and if I wanted to drive to MO and back it wouldn't be an issue. Think I'll talk with the local auction house here in CA I've used for internet purchases and get their answer.
Thanks for the replies.

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Actually, it would be an issue, and potentially a very major one. Driving to MO and bringing the weapon back could get you a prison term of up to three years.

It's a violation of California state law for a California resident to personally import into the state a firearm lawfully acquired outside of the state. It is necessary to ship the firearm to a California FFL for transfer to the resident within California. Violation is a felony if the weapon is a handgun. The California "Safe Handgun Roster" governs such transfers (although your S+W Break-Top would likely be roster-exempt). Please refer to Penal Code sections 27585 and 27590.

You, and previous posters, are correct that the federal law permits the transfer, but that don't affect the state law violation that would result from you personally bring the weapons into California.

Here is my suggestion since you have to deal with California laws. Have the estate executor look into shipping the guns to a California FFL if that is what state laws says must be done. A non FFL can send handguns overnight to a FFL through UPS and FEDEX as long as the receiving FFL is willing to accept the shipment. I know overnighting the guns is not cheap. Or the cheaper route of having a FFL in the St Louis area send them to a receiving FFL close to where you live. Most estate executors are lawyers to begin with, make him/her earn their money.

12Bravo20 said:

Here is my suggestion since you have to deal with California laws. Have the estate executor look into shipping the guns to a California FFL if that is what state laws says must be done. A non FFL can send handguns overnight to a FFL through UPS and FEDEX as long as the receiving FFL is willing to accept the shipment. I know overnighting the guns is not cheap. Or the cheaper route of having a FFL in the St Louis area send them to a receiving FFL close to where you live. Most estate executors are lawyers to begin with, make him/her earn their money.

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This would be the best thing for the S+W Break Top. It is likely exempt from the roster requirement as a C+R weapon. But unless there is an exemption for the Derringer, it's gonna have to be on the roster for this to work.

Jim Watson said:

Theoretically, an inherited gun may be shipped to the heir.
But the carriers won't take it.
And California might not can stand it.

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The Executor of the estate may ship them to the heir.
They are considered the heirs property.

brickeyee said:

The Executor of the estate may ship them to the heir.
They are considered the heirs property.

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Very bad advice here.

The first point to take careful note of, it that it's completely irrelevant who owns the property. Both the federal law, and California law, address the transfer of possession of a firearm, not the transfer of ownership. That's a big distinction.

The federal law does permit transfer (as opposed to ownership) of a firearm to an heir, without need of an FFL transfer (refer to 18USC922(a)(3)).

But California law requires that a person obtaining a firearm from out of state to import that firearm using the services of a California licensed dealer, and imposes a felony penalty if person personally imports a handgun (Refer to California Penal Code section 27585 for the crime and section 27590 for the penalty).