Firearms inheritance. State of Oregon

E

ed zanjero

New Member
Jurisdiction
California
As trustee of my stepfather's Trust, I duly inherited a couple of firearms from my deceased stepfather in California. I live in the State of Oregon, and transported the unloaded, secured firearms, along with other tangible property to Oregon. This was a few years ago, and despite being told by a gun dealer I need not register them, I want to make sure I've legally followed the law. Must I take any additional legal steps in Oregon? Input appreciated.
 
From what I found on an internet search, Oregon does not have a firearms registry. The State Police keep records of transactions for 5 years. There is an exemption for inherited firearms.

I'm sure you could find the same information if you look for it.
 
California allows paperless transfers between immediate family members. This includes inheritance, but requires that the parties all be California residents. Otherwise FFL is required to the out of state party. The trust agent should have driven them up to you.

California is alone among the western states in this rule, WA and OR exempt family member transfers without requiring state residency. California also doesn't seem to recognize step- as an immediate family member.

All that said, don't sweat it. You're legal (enough)
 
Foamback said:
California also doesn't seem to recognize step- as an immediate family member.
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Last time I checked no state recognizes a step relationship as a family relationship. If the requirement for transferring the firearm without any registration or other requirements is that it is inherited by a family member then I see that as a potential problem. Given the penalties for violations of firearms laws, I suggest the OP consult an attorney in Oregon to make sure that he/she isn't in violation of any Oregon law. I wouldn't rely on a post from an anonymous person on the internet on this.
 
Does the trust own the guns (as stated by the OP), or does the OP own them?
 
Foamback said:
Your gun is probably an off roster gun (meaning it was purchased or otherwise acquired by your stepfather prior to the state recording gun sales by SN and owners)

Frequently Asked Questions
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In fact, they were firearms from the 1950's and 60's, used on the job in the police department. In those days the departments did not issue the handgun, they had to be personally purchased. He was retired in '76 and stored them until his passing in 2018.
 
Tax Counsel said:
Last time I checked no state recognizes a step relationship as a family relationship. If the requirement for transferring the firearm without any registration or other requirements is that it is inherited by a family member then I see that as a potential problem. Given the penalties for violations of firearms laws, I suggest the OP consult an attorney in Oregon to make sure that he/she isn't in violation of any Oregon law. I wouldn't rely on a post from an anonymous person on the internet on this.
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Ok, but as Trustee of his Trust, all tangible assets were divided equally. As my stepfather raised me, and I was explicitly named Successor Trustee, I don't see a problem.
 
Tax Counsel said:
Last time I checked no state recognizes a step relationship as a family relationship. If the requirement for transferring the firearm without any registration or other requirements is that it is inherited by a family member then I see that as a potential problem. Given the penalties for violations of firearms laws, I suggest the OP consult an attorney in Oregon to make sure that he/she isn't in violation of any Oregon law. I wouldn't rely on a post from an anonymous person on the internet on this.
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You are probably correct, and I will consult an attorney. In my eyes, though I'm likely 90% ok on possessing the firearms, my concern is with some nutjob liberal D.A. having a hissy over this.
 
Foamback said:
California allows paperless transfers between immediate family members. This includes inheritance, but requires that the parties all be California residents. Otherwise FFL is required to the out of state party. The trust agent should have driven them up to you.

California is alone among the western states in this rule, WA and OR exempt family member transfers without requiring state residency. California also doesn't seem to recognize step- as an immediate family member.

All that said, don't sweat it. You're legal (enough)
Click to expand...

Could you please define "Trust agent?" As Trustee, was I not the Trust agent, albeit an out of state resident?
 
ed zanjero said:
You are probably correct, and I will consult an attorney. In my eyes, though I'm likely 90% ok on possessing the firearms, my concern is with some nutjob liberal D.A. having a hissy over this.
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I have given the law reference multiple times. A step child is a legally defined immediate family member for the sake of inheriting firearms in Oregon.

Federal law allows one to transport a bequeathed weapon across state lines
18 U.S. Code § 922 - Unlawful acts

So then the issue is solely California, not only is there possibly a statute of limitations issue, but the gun is not on the roster of weapons registered in California.

So in your fear of liberal DA's, you could also contact a California attorney and an attorney who can represent you in the 9th Federal Circuit.

Or you can relax because everything is fine
 

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