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View Full Version : Question about obtaining a gun in my name


zooroadbaja
10-23-2009, 2:30 PM
I hope this is the right section for this, if not mods can you please move it to the right area.

I wanted to see what needed to be done in this situation to sell a fire arm.

The gun originally started out with the owner, that passed away. All of his firearms ended up with his father. After the father passed away half of the guns went to one brother on the east coast and the rest went to the other brother here in CA. My question now is how does he sell it? The firearms are still in the original owners name. Everyone mentioned is in the same family.

Quiet
10-23-2009, 4:33 PM
Is the firearm a long gun (rifle/shotgun/etc.) or a handgun?
The answers can be different depending on what it is.

Also, need to know in what years did the firearms change hands due to inhertance.
The laws changed in the last decades, so what could have been legal then is no longer legal now and certain things changed along the way.

paul0660
10-23-2009, 4:37 PM
You are not related to the "brothers"?

kemasa
10-24-2009, 7:52 AM
For long guns, there is really nothing which needs to be done. For handguns, the following form can be filled out:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Using this form won't hurt, except the for the money.

The reason the time period is being asked is that if it occurred long enough ago, then it could have been transferred without any paperwork, so today no paperwork would be needed.

zooroadbaja
10-24-2009, 3:20 PM
I'm not related to the party. I know the gun was originally purchased in the 70's. I'm not sure when the guns transfered hands. He just isn't into guns, and doesn't want guns in the household. So he asked me what it would take to sale them. One is Model 29 and the other is a Model 59, both are handguns.

Mssr. Eleganté
10-24-2009, 6:56 PM
The handguns don't have to be registered to him in order for him to sell them. He can sell them by doing a "private party transfer" with a buyer, in person, at a California licensed dealer. He can also ship them to an out of state FFL to be transfered to a buyer in that State. I'm not familiar enough with those two models of handgun to know if they are old enough to be exempted from California's safe handgun roster, but I'm assuming that they are not exempt. That means he can't ship them to a California FFL to be transferred to a California buyer. Because of the safe handgun roster he is limited to "private party transfers" with buyers in California, and those have to be face to face at the FFL.

paul0660
10-26-2009, 10:33 AM
kemasa, I am confused. A handgun just needs the op law form because it is old enough to have been transferred before the current requirements, even if the current owner and zooroadbaja weren't around then? It seems to me the son of the deceased could file the 4544 and then PPT it to zooroad.

kemasa
10-26-2009, 12:58 PM
If the firearms are old enough to not be registered (before all transaction had to go through a FFL), there is no real record of who owns them. The proper thing to do is to transfer them into the current owner (if the transfer occurred after the law changed to require all transfers to go through a FFL), then do a PPT.

I am not sure that there would be a problem if the form was not filled out first, I suspect it would go through without a problem, especially if the firearms were older. It is just not the "proper" way to do it.

Those guns do not appear to be on the certified list. The 29 is, but only they 29-10, which I suspect is newer. So, as was said, it is either a PPT or ship them out of state, unless they are over 50 years old or are considered a C&R.

paul0660
10-26-2009, 2:44 PM
Gotcha.