# Inheriting handgun in CA, but live in WA



## Inheritor (Sep 28, 2014)

My partner and I live in Washington State, and her father recently died in California. We are sorting things out down here, and from reading another thread, it seems she needs an HSC to inherit the handgun. Would it be legal to keep the handgun in a locked case in the trunk and transport it by car up to Washington without the HSC?


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## GCBHM (Mar 24, 2014)

First, what is an HSC? To answer your question, all you need to do is keep the gun unloaded, in the box, in the trunk to transport it. There should be no problems with that.


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## Inheritor (Sep 28, 2014)

HSC is the acronym for Handgun Safety Certificate, and is a California requirement for owning handguns, even passed to heirs. Trouble is, we don't want to own the handgun in CA, merely transport it to WA.


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## desertman (Aug 29, 2013)

You first should check Washington State handgun laws regarding the legal possession of a handgun in that state. If a permit or registration is required, you will have to obtain the permit and register the gun first. Then you might be able to legally transport the gun from California to Washington State, unloaded and in a locked container that is not easily accessible to the occupants of the vehicle. I say might because the State of California does not allow residents of other states to legally possess a handgun within that state, locked up or otherwise. Before you do anything check with the State of California. The only time an out of state resident can legally transport a handgun through California is if you are just passing through. For example: You legally own the handgun in Washington state and are on your way to Arizona or any other state where it would also be legal for you to possess that handgun. If stopped in California or any other state that does not allow non residents to possess a handgun, you might have to prove this. The same rules apply as to how you transport it. In your case you would be taking possession of it while in California as an out of state resident and not just passing through. Why take that chance? More than likely you will have to arrange to have the handgun turned over to a federally licensed firearms dealer in California who would then ship it to another federally licensed dealer in Washington State. You would then have to obtain the proper permit and paperwork if required to retrieve the handgun from that dealer. If you do not meet the legal requirements of your home state regarding the possession of a handgun you may not take personal possession of it period.


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## Inheritor (Sep 28, 2014)

Thank you desertman for your thorough response! Washington does not have any handgun regulations, other than a concealed weapon. Your ideas of the turnover time of turning it over to a federally licensed firearms dealer in CA, who would then ship it to WA?


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## Philco (Apr 17, 2012)

The Constitution says we have the right to KEEP and BEAR arms. How in the world did it get to the point that anyone had to go through all that crap just to take something they inherited from their dad from one state to another? Good grief!


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## Cait43 (Apr 4, 2013)

Philco said:


> The Constitution says we have the right to KEEP and BEAR arms. How in the world did it get to the point that anyone had to go through all that crap just to take something they inherited from their dad from one state to another? Good grief!


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## GCBHM (Mar 24, 2014)

Contact the CA authority and ask what you should do. Also, look up WA laws to transport firearms. Most states will allow for transportion, but best to validate prior to traveling.


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## Steve M1911A1 (Feb 6, 2008)

According to federal law and BATFE regulations, if the gun was left to your partner in her father's will, or if everything her father possessed was left to his daughter by will or probate-court order, the gun already belongs to her.
Also according to federal law and BATFE regulations, someone who legally owns a gun may ship it from herself at any location, to herself at any other location, without having to go through a FFL licensee.
Thus, if she, the executor of her father's will, or any other responsible person, would be so kind as to package the gun and ship it via FedEx Overnight, _in her name_, from wherever it is in California to herself in Washington, there is no need for anyone to deal with California's gun laws and regulations. (Make sure that there's a responsible person in Washington, waiting to receive the package. Tell FedEx.)

Since your partner presumably already owns the gun, it is not covered by California regulations, and there are precious few restrictions in Washington State.
There is no registration, and she needn't even bother with waiting periods, since she already owns the gun.

It might be useful for her to take out a Washington concealed-carry permit. There is no test or class. One merely goes to the nearest Sheriff's office, fills out a form, gets fingerprinted, and pays a very reasonable amount of money. (But she has to be able to prove that she has lived in Washington for the past year: Driver's license, utility bills, rent receipts, that sort of thing.)

It probably is completely safe, to transport the gun through California, on her way to Washington. Certainly, it's safe through Oregon.
Carry proof of ownership (the will, or the probate judgment). Lock the _disassembled_ gun in a container in the car's trunk, and either carry no ammunition or lock the ammunition in a separate container.
But I think that it's easier to ship it. Safer from theft, too.

I am not a lawyer, nor have I a lawyer's legal training. But I inherited a pistol from a friend in Illinois, had his widow ship it to me, and then, in a fit of panic, wrote a letter to BATFE confessing that I may have done an illegal act.
In answer to my letter, a nice lady BATFE agent wrote me to reassure me that I had broken no laws, and that what the widow and I had done was exactly correct and legal. She quoted chapter and verse, all the rules and regulations.
Subsequently, I looked the laws and regulations up, and found out that she had told me the truth. So I suggest that your partner use the same reasoning and method that I did.


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## shootbrownelk (May 18, 2014)

For Chissakes, put the danged pistol in a case in the trunk and take it home and shut up about it!


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## desertman (Aug 29, 2013)

Inheritor:
You're welcome! Unfortunately, firearms laws are complicated and every state has it's own set of laws. Whatever you decide to do make sure it's legal. I'm not an expert on every states gun laws. The information that I gave you is general and will definitely keep you out of trouble. But I would urge you to contact the proper authorities of each state before you do anything. There have been plenty of honest law abiding people that been tripped up by these asinine laws that are designed to criminalize otherwise lawful behavior. It keeps the trial lawyers employed, after all lawyers are politicians who pass these laws for their benefit. For God's sakes play it safe. It's not worth the trouble or legal expense especially when you did not intend to break any laws.


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## Inheritor (Sep 28, 2014)

Thanks Steve! You've been a great help - I think we will ship them.


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## Inheritor (Sep 28, 2014)

I agree - I thought liquor laws were bad!


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## desertman (Aug 29, 2013)

Inheritor:
Good luck! I'm sure you'll make the right decision. Can't help you with the liquor laws.


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## high pockets (Apr 25, 2011)

Inheritor said:


> Thanks Steve! You've been a great help - I think we will ship them.


Only an aside, but the estate should cover the shipping costs. As the heir, it is not her responsibility to pay any fees in order to receive her inheritance. I realize this is a minor aside, and really only makes a difference if the estate is paying any taxes, but I know a lot of people cringe at what FedEx charges to ship a firearm.


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