How to Legally Inherit a Firearm in California - and What Happens If You Don't Follow the Transfer Rules
Do I have to go through a background check to inherit a gun in California?
In most cases, yes. If the firearm doesn't qualify for a direct intra-familial transfer between specific family members, it must go through a licensed dealer, which includes a background check through California's DROS system. Even intra-familial transfers require the heir to submit a Firearm Ownership Report to the CA DOJ. Prohibited persons cannot inherit firearms under any transfer method.
Can a parent leave a gun directly to their child in California without going through a dealer?
As of 2025, California law allows certain direct transfers between immediate family members, including parents and children, without going through a licensed dealer - but the heir must submit a Firearm Ownership Report to the CA DOJ within the required timeframe. The firearm must also be legal to possess in California. Verify current requirements with the CA DOJ Bureau of Firearms at oag.ca.gov before proceeding.
What happens to a gun in a California estate if the heir lives in another state?
If an heir lives outside California, they generally cannot take the inherited firearm directly. The standard process requires transferring the gun through a licensed California dealer, who then ships it to a licensed dealer in the heir's home state for final transfer under that state's laws. Taking the firearm directly across state lines without this FFL-to-FFL process may violate federal law.
Can an executor of a California estate keep a firearm temporarily while settling the estate?
Under California law, an executor or estate administrator can lawfully possess a firearm for the limited purpose of transferring it to an eligible heir or through a licensed dealer. This temporary possession is not the same as ownership, and the executor cannot keep the gun indefinitely or distribute it informally. The transfer must follow California's applicable Penal Code requirements.
What if the gun I'm inheriting in California isn't on the state's approved handgun roster?
California's handgun roster primarily governs new sales by licensed dealers, so an off-roster handgun isn't automatically barred from an inheritance transfer. However, whether a specific off-roster handgun can be lawfully transferred depends on how the transfer is structured and current Penal Code provisions, which have been subject to litigation. Contact the CA DOJ Bureau of Firearms or a California firearms attorney to confirm what applies to your specific firearm.
Inheriting a firearm in California is not as simple as having a relative leave one to you in a will. The state imposes specific transfer requirements that apply even when a gun passes through an estate, and skipping those steps can turn a lawful inheritance into an unregistered possession - or worse. Here's how the process works as of 2025, per the California Department of Justice Bureau of Firearms.
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Why California Treats Inherited Guns Differently
California generally requires all firearm transfers to go through a licensed dealer (FFL) and include a background check. Inherited firearms are a partial exception to that rule - but only a partial one. The state recognizes what's called an "intra-familial transfer," which allows certain transfers directly between family members without going through a dealer, but the rules on who qualifies and what paperwork is required are specific. If the firearm doesn't qualify for that process, or if the heir is receiving it from an estate rather than directly from a living relative, the path is different again.
The CA DOJ Bureau of Firearms administers the rules under the Penal Code provisions governing firearm transfers. Because this area has seen frequent legislative updates, what applied a few years ago may not apply now - any heir should verify current rules at oag.ca.gov or by contacting the Bureau of Firearms directly before taking possession.
The Intra-Familial Transfer Process
California law, as of 2025, allows certain firearms to transfer directly between specific family members without going through an FFL dealer, provided both the transferor and the transferee are lawful gun owners and the firearm itself is legal to possess in California. The family members covered by this exemption are limited - typically parents, children, grandparents, grandchildren, and siblings, depending on the specific Penal Code provision. Spouses and domestic partners are addressed separately under the law.
For an intra-familial transfer to be legal, the transferee must submit a Firearm Ownership Report to the CA DOJ within 30 days of taking possession - or within a timeframe the current DOJ guidance specifies, which is worth confirming. The Firearm Ownership Report is submitted through the CA DOJ's online portal. There is a fee, and it's subject to change, so check the Bureau of Firearms fee schedule before filing. If the firearm is an assault weapon as defined under California law, different and more restrictive rules apply, and direct family transfers may not be available for that category at all.
Inheriting Through an Estate or from Someone Outside the Exempted Family List
If you're inheriting a firearm through a formal estate - meaning the original owner has died and the gun is being distributed by an executor or administrator - or if the relationship doesn't qualify under the intra-familial exemption, the transfer generally must go through a licensed dealer. The executor delivers the firearm to an FFL, who then processes the transfer to the heir in the same way as a standard sale: a background check through the Dealer Record of Sale (DROS) system, the 10-day waiting period, and applicable fees.
One significant point: an executor or administrator can legally possess the firearm temporarily for the purpose of transferring it through an FFL, but that's not the same as lawfully keeping it. The executor can't simply hold onto it indefinitely or distribute it informally. And the heir still cannot take possession until the dealer process is complete, including the waiting period.
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What If the Firearm Is on California's Roster - or Isn't
California maintains a roster of handguns certified for sale by licensed dealers. However, inheriting a handgun that isn't on the current roster doesn't automatically make the transfer illegal - the roster requirements apply primarily to dealer sales of new handguns. An heir receiving a handgun through a lawful intra-familial transfer or through an estate transfer may still be able to take possession of an off-roster handgun, depending on how the transfer is structured. This is one of the areas where the rules are technically complex and litigation has created ongoing uncertainty. A firearms attorney or the CA DOJ Bureau of Firearms can clarify whether a specific handgun can be legally transferred in a specific situation.
Prohibited Persons Cannot Inherit, Regardless of the Transfer Method
No transfer process - intra-familial, through an estate, through a dealer - makes a firearm legal to possess for someone the state considers a "prohibited person." California's prohibited-persons list includes people with certain felony convictions, specific misdemeanor convictions, active domestic violence restraining orders, certain mental health adjudications, and other disqualifying factors. A background check run through the DROS system will flag a prohibited person regardless of how the firearm came to them. If an heir is a prohibited person, they cannot legally take possession, and attempting to do so carries its own criminal exposure. The estate would need to make other arrangements - a lawful sale, a transfer to another eligible heir, or surrender to law enforcement.
Out-of-State Heirs Face Additional Steps
If the heir lives outside California and wants to bring an inherited firearm back to their home state, they generally cannot simply take it. The firearm must first be transferred to a licensed dealer in California, who then ships it to a licensed dealer in the heir's home state for final transfer under that state's laws. An out-of-state heir who takes a California-inherited firearm directly home without going through an FFL-to-FFL transfer is likely violating federal law, not just state law. Conversely, if a California resident is inheriting a firearm currently located in another state, a similar FFL-to-FFL transfer is typically required to bring it into California legally.
This is general information, not legal or financial advice - verify current transfer requirements, fees, and eligibility rules with the California Department of Justice Bureau of Firearms at oag.ca.gov, or consult a California-licensed firearms attorney familiar with current Penal Code provisions, before taking possession of any inherited firearm.