When you buy a firearm from a licensed California firearms dealer, they will automatically register the gun for you. But inheriting a firearm is a different story. Whether you’re managing an estate, acting as a power of attorney, or find yourself in possession of a loved one’s firearm collection, California law requires you to take specific actions.
At California Gun Services (CGS), we regularly help families safely and legally manage inherited guns, and we know this process can be confusing. Whether or not you’re familiar with firearms, understanding the laws and steps to register inherited guns is critical to protect yourself and your family from legal trouble. Whatever your situation, my goal is to help you understand your responsibilities under California law and guide you through the process so you can avoid unnecessary headaches or legal risks.
Do You Have to Register Inherited Guns in California?
The short answer is yes—if you plan to keep the firearm. While there is no federal firearm registration requirement, California law requires that each inherited firearm be registered within 30 days of taking possession. This registration process involves officially documenting the transfer of ownership with the Department of Justice (DOJ). Failure to do so can result in fines, misdemeanor charges, and/or jail time.
What If I Don't Want To Keep A Gun?
If you don’t want to keep the firearm, you won’t need to register it. Instead, you’ll need to do one of the following:
- Surrender the gun for disposal.
- Properly destroy the firearm.
- Transfer the gun to another member in your family.
- Sell the firearm through a licensed dealer.
Basic Requirements to Keep an Inherited Firearm
Unlike inheriting jewelry or other personal items, inheriting firearms may not always be allowed.
To legally possess an inherited firearm, ALL of the following requirements must be met:
I) You Must be eligible to own firearms
Minimum Age To Own Firearms:
- 18+ years old
- 21+ years old for handguns
In addition to minimum age requirements, prohibiting categories disqualify certain people from owning a firearm. For instance, convicted felons, people addicted to narcotics, non-citizens and aliens, and some misdemeanor offendors are prohibited from owning guns. You, as the inheritor, must not be prohibited from owning firearms. Equally important, all members of your household must not be prohibited from firearm possession either.
See Firearm Prohibiting CategoriesSituation: One couple I helped had guns they had inherited from the wife's father. However, the husband was prohibited from owning guns. Even though the guns were kept locked in a safe, the mere presence of the firearms in the home put her husband at legal risk.
Solution: We safely and legally removed the firearms from the property. As a licensed FFL, we are authorized to acquire firearms without the need for a background check. For each firearm, we documented the transfer with the DOJ. This required a signature for each firearm, removing the guns from her family’s name.
II) You Must Have a firearm safety certificate (FSC)
A valid, current Firearm Safety Certificate (FSC) is required for all firearms, including handguns and long guns. You must obtain this FSC prior to taking possession of your inherited guns. Learn More
III) The Firearm Must Be Legal in CA
Certain firearms are prohibited in California, such as assault weapoons and .50 BMG Rifles. These are generally banned with few and limited exceptions for law enforcement officers and other security professionals. If you have inherited a gun that falls under one of these classifications, you will need to take specific action to stay compliant. you may be required to get rid of it or attempt to get a specialized permit allowing you to possess it legally. (See Special Rules For Assault Weapons & .50 BMG Rifles below).
Learn Which Guns Are Illegal In CAIV) You Must Register The Gun Within 30 Days
Technically, only assault weapons and handguns are required to be registered in California. However, ALL firearm transfers of ownership must be reported to the DOJ and completed through a Federal Firearms Licensed (FFL) dealer. Within 30 days of taking possession of the firearm, you will need to register the transfer of ownership.
Here are some common situations where you'll need to officially record a transfer of ownership with the DOJ:
- You inherit a firearm and want to keep it.
- You are managing an estate that includes firearms.
- You receive a firearm as a gift.
- You’re acting as a power of attorney for someone who owns guns.
Even if the gun seems like a small part of the estate, handling it properly and in a timely manner is essential to avoid future problems.
How to register inherited guns in California?
If you have an inherited gun that you would like to keep, there are specific procedures you must follow in order to stay compliant with all laws. Here’s a simplified breakdown of what do.
Once you have the guns in your possession, you must register each firearm within 30 days by either:
- Completing the Intra-Familial Transfer Paper Form for each firearm; OR
- Registering each gun directly with the DOJ using CFARS.
Step 1: Confirm the Gun is Legal in California
Confirming a firearm’s legality is essential, as various modifications or features can render a gun illegal in California. If a firearm is prohibited in the state, there are specific rules you must follow to properly get rid of the gun (see section below on Special Rules for Assault Weapons and .50 BMG Rifles).
If you’re unsure whether your firearm complies with state laws, contact CGS for assistance.
Step 2: Obtain a Firearm Safety Certificate (FSC)
California law mandates that gun owners obtain a Firearm Safety Certificate (FSC). To comply with state regulations, you must have an FSC before acquiring inherited firearms. If you've already taken possession of an inherited firearm without an FSC, you will need to obtain one as soon as possible. A valid FSC number is required to complete the registration process for inherited firearms.
Step 3: Get Firearm Details
You will need the following information about each inherited firearm when you start filling out the registration form.
Firearm type: | Hndgun, shotgun, rifle, rifle/shotgun combo. |
Make: | This is the manufacturer (e.g., Glock, Smith & Wesson). For self-built firearms, the make should be listed as U.S. |
Model: | The specific model (e.g., "Glock 19" or "Ruger 10/22") is often printed or stamped on the gun, often on the side of the barrel, slide, or frame. Look for markings on the barrel (for pistols) or on the receiver (for rifles and shotguns). |
Serial Number: | The serial number is like the ID number for the gun. It’s usually engraved on the frame or receiver (the main part of the gun). If the serial number is missing or tampered with, the firearm may be illegal, and you should contact an expert immediately. |
Caliber: | The caliber tells you the size of the ammunition the firearm uses (e.g., 9mm, .22). The caliber is usually stamped on the barrel or slide (e.g., "9x19" or ".45 ACP"). For guns with more than one caliber, you must list them all. If it’s not clear, you can check the owner’s manual if available or ask a professional. |
Category: | You will need to select a firearm category from one of the following: Bolt Action, Lever Action, Pump Action, Semi-Automatic, Single Shot, Carbine, Over and Under, Revolver, Derringer, Double Barrel, 3 Barrels, 4 or More Barrels. |
Firearm Origin: | The country where the firearm was made is stamped on them. Most firearms have the country where it was made (e.g., US, Russia) stamped somewhere on the gun. Look near the manufacturer’s name, the serial number, or on the barrel or frame. |
Barrel Length: | The barrel length is how long the inside of the barrel is, from where the bullet starts to where it comes out. You can find the barrel length in the owner's manual, on the manufacturer's website, or by measuring it yourself. To measure the barrel length, it's best to use a cleaning rod or dowel for an exact measurement. If you are not familiar with guns or this particular firearm, you should contact a professional. Before starting, make sure the gun is unloaded. Then, put the rod or dowel down the barrel until it touches the back, mark the length, and measure it with a ruler. |
Step 4: Complete the DOJ Registration Process
For each firearm you are registering, you'll need to complete the Report of Operation of Law or Intra-Familial Firearm Transaction form (BOF 4544A). When reporting multiple firearms, at first just complete the Owner Information portion at the top of the form. Next, make copies of this (one for each firearm). Now you can use these forms with your personal information filled out and complete the remaining Firearm Information section and sign it, for each firearm. You have two options for submitting this form to the DOJ:
1. Online: Submit it online through the California Firearms Application Reporting System (CFARS).
2. By Mail: Print out the BOF-4544A form and mail the completed form to the address below along with the following:
- $19 Per Firearm: A $19 processing fee is required per firearm. This is to be paid by a check made payable to the Department of Justice;
- California Identification: you will need to submit a copy of your CA Drivers License. If your Drivers License has "FEDERAL LIMITS APPLY", you will need to submit additional proof of identification. Accepted proof include an unexpired US passport or a certified copy of your U.S. birth certificate.
Department of Justice
Bureau of Firearms - OL & IF
P.O. Box 820200
Sacramento, CA 94203-0200
Special Rules for Assault Weapons and .50 BMG Rifles
Different types of guns require different actions to remain compliant with California firearm laws. For instance, prohibited firearms have much stricter requirements whereas regulations for antique firearms are much less restrictive.
What To Do If You Inherit A Prohibited Gun?
If you have inherited firearms that are prohibited in the state, you will need to take specified actions to stay compliant with all laws. Below is the proper procedure to take based on the type of prohibited firearm you have:
ASSAULT WEAPONS AND .50 BMG RIFLES
Assault weapons and .50 BMG rifles are heavily regulated in California.
You must within 90 days (for each assault weapons) or 180 days (for each .50 BMG rifle) do one of the following:
- Render the weapon permanently inoperable.
- Sell it to a licensed firearms dealer.
- Remove it from the state.
- Apply for a special permit from the California Department of Justice (DOJ).
Unregistered Assault Weapons:
It is illegal to own an unregistered assault weapon in California. Additionally, possession of an assault weapon not registered in someone elses name is also illegal. If you've inherited an unregistered assault weapon, it must be surrendered to law enforcement. You can contact your local police department or sheriff's office to make arrangements to surrender.
Unsure if your firearm is registered?
If you don't know whether your assault weapon is registered, you can call the DOJ’s Bureau of Firearms to inquire about its status:
Call DOJ Bureau of Firearms: (916) 227—2153
What do I do with inherited ammo?
Unlike guns, which can hold significant value, inherited ammunition is often not worth much, and most people prefer to dispose of it.
For small amounts of ammo, your local police station or sheriff’s department will usually accept it and allow you to drop it off. If you have larger quantities, California Gun Services (CGS) offers free pickup. We can pick up any amount of unwanted ammo from your home—whether we’re also picking up firearms or you only need to dispose of ammunition.