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ilikeguns
08-12-2010, 6:08 PM
A friend of mine purchased a long gun from a private seller. The ffl they went to said, "its a long gun, no transfer is necessary." The seller then wrote a bill of sale on a piece of paper and gave the gun to my friend. My friend had never purchased a gun before and knew no better. Can't speak for the seller. I told my friend about the misinformation later.
(On a side note, this is the same ffl that I have dealt with before who doesn't know about cali-legal AR15's. Guy is a real screw up.)

Can my friend sell this gun? He has a need for cash and doesn't want to break the law. Its a bolt action 243. Not C&R

NotEnoughGuns
08-12-2010, 6:24 PM
What is it and how much?

Yes he can sell it.

diginit
08-12-2010, 6:24 PM
An FFL said that no PPT is necessary on a long gun? You sure it's not on the C&R list? How long ago did he buy it? If it is not C&R, It is a straw sale and NO you can't sell it with out a risk. No telling where it has been. Wait 3 years until the Statuate Of Limitations runs out.

dustoff31
08-12-2010, 6:37 PM
IF it's a long gun over 50 years old, then the dealer is correct. No transfer is necessary. It's cash and carry.

diginit
08-12-2010, 7:20 PM
IF it's a long gun over 50 years old, then the dealer is correct. No transfer is necessary. It's cash and carry.

The OP said it is Not C&R. ( Hence: Curio and Relic, meaning over 50 yrs and/OR on the DOJ C&R list)
I'll say again, If it is not on the list or was purchased after 2000, I would bury it for 3 years from the date of purchase and keep the reciept to show the S.o.L. has run out. Afterwhich, there is no possibility of prosecution for the straw sale. If the firearm happens to be stolen, That is another matter. I don't remember at what intervals LE empty their "stolen property" databases.

dustoff31
08-12-2010, 7:24 PM
The OP said it is Not C&R. ( Hence: Curio and Relic, meaning over 50 yrs and/OR on the DOJ C&R list)
I'll say again, If it is not on the list or was purchased after 2000, I would bury it for 3 years from the date of purchase and keep the reciept to show the S.o.L. has run out. Afterwhich, there is no possibility of prosecution for the straw sale. If the firearm happens to be stolen, That is another matter. I don't remember at what intervals LE empty their "stolen property" databases.

Yeah, I missed that. In which case, I agree with you.

cmth
08-12-2010, 7:39 PM
If it is not C&R, It is a straw sale and NO you can't sell it with out a risk. No telling where it has been. Wait 3 years until the Statuate Of Limitations runs out.

:rolleyes: It's not a "straw sale"; it's an unlawful transfer. A straw sale or straw purchase is only when a person who is eligible to own firearms purchases a firearm on behalf of someone who is legally prohibited from owning firearms. California's PPT law only enforces the DROS background check and 10 day wait, it doesn't even record the firearm's distinguishing characteristics or serial number, unless the PPT is for a handgun. There is no reason why the owner of the un-PPT'd long gun could not sell it or should be fearful of selling it. If he waited until it was 50 years old and thus exempt from PPT, it would be no different.

paul0660
08-12-2010, 7:53 PM
.243 was introduced in 1955, so it is possible but not likely that it is 50 years old. They could redo the transfer or take the path mentioned above.

If they won't redo the transfer, the most important thing is to call the local LEOs and find out if it is stolen. If it isn't, there isn't a record of the serial number at DOJ and it is probably safe to sell.........all depends on the accuracy of the LEOs. The stolen gun database lasts forever as far as I know, now that it is computerized.

And, this isn't a straw sale, it is an illegal transfer.

And, AND, who is the FFL who screwed up?

diginit
08-12-2010, 8:08 PM
Sorry for using the incorrect term. Thanks for the correction.
I'm wondering what could happen if the serial no. comes up stolen. If so, Wouldn't LE wonder how he got the Serial No.? How would the OP avoid the illegal transfer or posession of stolen goods charge if he turned it in? Call from a payphone? then Scram?

glockwise2000
08-12-2010, 8:20 PM
I believe this is an illegal transfer and not a straw sale.

Just have the Statute of Limitation runs its course before he sells it. I think it is 3 years? I could be wrong.

ilikeguns
08-12-2010, 8:26 PM
I am positive the gun is not stolen. Apparently the seller was cool with going to this ffl to meet my friend. Its just the ffl screw up. Well, I guess he's gotta sit tight with the rifle for a while.
Ya, I know who the ffl is... like I said I tried to transfer an AR15 there and they freaked out. Total losers there, but I don't want to ruin someone's business.

Ron-Solo
08-12-2010, 8:32 PM
"They" would have to prove that there was an illegal transfer, which is unlikely. Since serial numbers are not even recorded on long gun transfers with DOJ, you are totally safe going to an FFL who knows what he is doing and completing a PPT.

Peter W Bush
08-12-2010, 9:35 PM
Wow some of you guys are a little too uptight. Delete this thread and sell it normally. Long guns aren't checked when they are DROSd

Colt-45
08-12-2010, 11:07 PM
"They" would have to prove that there was an illegal transfer, which is unlikely. Since serial numbers are not even recorded on long gun transfers with DOJ, you are totally safe going to an FFL who knows what he is doing and completing a PPT.

This.

Wow some of you guys are a little too uptight. Delete this thread and sell it normally. Long guns aren't checked when they are DROSd

AND this.

;)

need I say more?:43:

ilikeguns
08-12-2010, 11:13 PM
No you don't need to say more. This thread is done as far as Im concerned. My friend did everything he thought was right. If he can sell this and get on with his life, then fine. Nothing was stolen and from what he told me, the seller was a good guy. THis was just a classic ffl screw up. Wish these bad ffls would learn the laws or stay out of the business.
Thanks to all who replied to my question.

pullnshoot25
08-12-2010, 11:20 PM
It is a rifle and therefore unregistered.

Say "oops" and move along.