How to Transfer Firearms In A California Estate/Probate

When a loved one dies in California, the estate may include one of the most regulated types of property: firearms. Executors and families are often surprised to learn that even well‑intentioned transfers—especially in intestate estates—can create serious legal exposure if handled incorrectly. California’s rules differ depending on the type of firearm, who’s receiving it, and whether the gun was previously registered. Some items can be inherited and reported to the state within strict deadlines; others are prohibited altogether and require special handling or federal paperwork.

This post breaks down the practical steps for safely and legally transferring firearms to heirs in a California intestate estate, including what to do with registered versus older unregistered firearms, how to use the “operation of law” pathway, when to involve a dealer (FFL), and how to spot red flags like assault weapon configurations or NFA items. Use it as a checklist to protect the estate, honor the decedent’s wishes, and keep your family on the right side of California and federal law.

 

1. General Rule: Operation of Law Transfer

• Firearms that pass by intestate succession are considered an “operation of law” transfer under California Penal Code §27920.
• The recipient must be:
  • At least 18 years old,
  • Not prohibited by state or federal law from possessing firearms,
  • In possession of a valid Firearm Safety Certificate (FSC)
• The transfer does not require use of a licensed dealer (FFL) if above criteria are met and the recipient is an immediate family member (parent, child, grandparent, grandchild)

2. Required Steps for Legal Transfer

• Inventory the Firearms:
  • Identify whether each firearm is a handgun, long gun, or a restricted weapon.
  • Gather all identifying details: make, model, serial number, type, and current registration status
• Confirm Legal Status:
  • Is the firearm legal for civilian possession in California?
  • Is it an “assault weapon” or .50 BMG rifle? These generally cannot be inherited and must either be surrendered, rendered inoperable, sold to a dealer, or removed from the state within 90 days

For Firearms That CAN Be Legally Transferred:

• Ensure recipient holds a valid FSC.
• Complete and file the Report of Operation of Law or Intra-Familial Firearm Transaction (Form BOF 4544A) with the California Department of Justice (DOJ) within 30 days of taking possession. Include the $19 per firearm processing fee. This can be done online via CFARS or by mail
• Handguns and long guns acquired after 1/1/2014 must be registered to the recipient. Older, unregistered handguns/long guns can be registered upon transfer, but prior registration was not always required

For Firearms That CANNOT Be Legally Transferred:

• Assault weapons or unregistered “off-roster” items (see below) generally cannot pass to heirs in California.
• Options: render inoperable, sell to an FFL, remove from state, or surrender to law enforcement
• Unregistered assault weapons must be surrendered and cannot be legalized via inheritance

3. Special Considerations for Unregistered Firearms

• Many older firearms (e.g., handguns acquired pre-1991, long guns acquired pre-2014) may be unregistered and lawfully owned prior to registration requirements—but must be registered by the heir at transfer
• If a firearm cannot be traced or registration is uncertain, seek a determination from the DOJ Bureau of Firearms before transfer
• Unregistered or prohibited firearms discovered during probate must be isolated and law enforcement contacted if they are illegal to possess or cannot be registered

4. Executor’s Duties and Liability

• The executor has a fiduciary duty to ensure transfers are legal. Improper or illegal transfer, or even mere possession by an ineligible heir, can result in criminal liability for both the estate and the heir
• If unable to effect legal transfer, recommend working with an FFL for compliance or consulting the DOJ for guidance

5. Summary Table: Key Steps for Firearms in an Intestate Estate

Step	Registered Firearm	Unregistered (older, legal)	Prohibited or Restricted Weapon
Confirm recipient eligibility	Required	Required	N/A
Obtain FSC	Required	Required	N/A
File BOF 4544A with DOJ	Within 30 days	Within 30 days, register to heir	Not applicable
Possession to heir?	If qualified and procedure followed	Same as registered	Not permitted—must surrender/sell/etc.
FFL involvement	Not required for immediate family	Not required (if meets exception)	Required for out-of-state or non-family

 

Key Points:

• Transfers to ineligible persons (minors, felons, those under restraining orders) are never allowed.
• Immediate family only—otherwise, use a California FFL
• Documentation and prompt filing are essential for both registered and unregistered firearms.
• For any firearm with an obliterated/altered serial number or that is illegal to possess, surrender to law enforcement is required

References:
Direct citation numbers correspond to sources for specific legal procedures, forms, and key statutes. For professional liability purposes, always consult the latest DOJ and ATF guidelines for edge cases (e.g., NFA items).

If there are additional details regarding NFA (federally regulated) firearms/guns, further research is recommended as procedures are even more complex and subject to federal oversight.

 

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Firearms laws are complex and change frequently at both the state and federal levels. Application of these laws depends on specific facts, including the type of firearm, its configuration, registration history, the heir’s eligibility, and the location of all parties. Reading this post does not create an attorney–client relationship with Ridley Law Offices or any of its attorneys.

Do not act or refrain from acting based on the information here without obtaining advice from a qualified attorney licensed in your jurisdiction who can evaluate your particular situation. Improper handling or transfer of firearms can result in criminal and civil liability. If you believe an item may be prohibited (e.g., assault weapon, .50 BMG rifle, NFA/Title II item, or a firearm with an altered/obliterated serial number), do not take possession or attempt a transfer until you have consulted knowledgeable counsel and, where appropriate, a licensed dealer (FFL) or the relevant authorities.

Past results and examples do not guarantee similar outcomes. While efforts are made to keep this information current and accurate, no representation or warranty is made as to its completeness, timeliness, or accuracy. Ridley Law Offices expressly disclaims any liability for actions taken or not taken based on the contents of this article. If you need legal advice, please contact an attorney.