If you may not lawfully possess a firearm
Do not take possession of the firearm. Whether a person is prohibited is a legal question that depends on specific facts. This guide can't answer it for you, and you should confirm your situation with a qualified attorney.
You do not need to physically hold a firearm to deal with it. An executor, another lawful family member, or a licensed dealer can handle the firearm on the estate's behalf, or it can be surrendered to law enforcement. If you're unsure what to do right now, contact an attorney and, if appropriate, the local law-enforcement agency for guidance.
Other situations
The heir is out of state
An heir in another state generally cannot simply take the firearm home. Interstate transfers normally go through licensed dealers under federal law, and handguns are tightly restricted. A California FFL can ship to a dealer in the heir's home state, who completes the transfer there.
No one wants to keep them
You don't have to keep a firearm you don't want. A licensed dealer can consign it, buy it outright, or transfer it to an eligible person, and if no one can lawfully take it, it can be surrendered. None of these require you to hold onto it.
Your options
Whatever the situation, the firearm ends up on one of these three routes.
Consign or sell through a dealer
A licensed FFL can take the firearm off your hands (consign it, buy it outright, or process a sale) without you ever having to keep it. This is often the simplest route when you don't want the firearm.
Transfer to an eligible person via an FFL
If another family member or buyer can lawfully possess it, a licensed dealer can run the transfer to them with the usual background check and paperwork.
Surrender to law enforcement
If no one can lawfully take it, firearms can be surrendered to law enforcement. Call the agency first and follow their exact instructions. Do not transport a firearm before you know their procedure.
Surrender and safe interim storage
If surrender is the right call, call the local law-enforcement agency first and ask for their turn-in procedure. Many agencies have specific instructions about how (and whether) to transport a firearm to them, and some will arrange to come to you. Do not drive a firearm to a station unannounced. Following their process is what keeps the surrender lawful and safe.
While a decision is pending, any firearm should be unloaded and stored securely (ideally in a locked container or safe) and only handled by a person who may lawfully possess it. If nobody involved can lawfully possess it, a licensed dealer can hold or take it. Never leave a firearm accessible to someone who shouldn't have it.
Let a dealer take it off your hands
If you'd rather a licensed dealer handle the firearm (consign it, buy it, or transfer it to an eligible person), tell us what's involved and we'll route you to California FFL dealers who do estate work. The dealer handles it and sets their own fees. CalGunHub is a directory and does not sell firearms, set fees, appraise anything, or determine eligibility.
Common questions
What do I do with an inherited gun if I can't legally own one?
If you may not lawfully possess a firearm, do not take possession of it. Whether someone is prohibited is a legal question to confirm with an attorney. Practically, an executor or another lawful party can arrange for a licensed dealer to consign, buy, or transfer the firearm to an eligible person, or it can be surrendered to law enforcement. Contact the law-enforcement agency first for their procedure. This is general information, not legal advice.
How do I surrender an inherited firearm to police in California?
Call the local law-enforcement agency first and ask for their surrender or turn-in procedure; many have specific instructions about how (and whether) to transport a firearm. Do not simply drive a firearm to a station unannounced. Following their process keeps the surrender lawful and safe. Verify current procedures with the agency.
Can I store an inherited firearm while I decide what to do?
A person who may lawfully possess the firearm can store it safely and unloaded (ideally in a locked container or safe) during a reasonable administration window. If no one involved may lawfully possess it, a licensed dealer can hold or take it instead. Do not leave a firearm accessible to anyone who should not have it.
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