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View Full Version : Help with transfer/registration.....?


beauregard
03-27-2011, 2:28 PM
To make a long story short, I can potentially "inherit" a pistol that has never been registered, the original owner has been deceased for over 12 years. The pistol was originally purchased in CA in the late 80's early 90's and is not on the roster as best I can tell. Can I take it to my local FFL and have him register it in my name? If not, what are my options?

bwiese
03-27-2011, 2:41 PM
you need to be legit inheritor under relevant laws of state -
esp if no will, that state's laws of intestate succession need
to be followed (or the transfer is invalid). You just can't
"grab" the gun.
Besides filing Voluntary Registration, I believe handgun receipt
requires holding a valid HSC card (simple test + $25 fee at CA
FFL)

Mssr. Eleganté
03-27-2011, 2:41 PM
To make a long story short, I can potentially "inherit" a pistol that has never been registered, the original owner has been deceased for over 12 years. The pistol was originally purchased in CA in the late 80's early 90's and is not on the roster as best I can tell. Can I take it to my local FFL and have him register it in my name? If not, what are my options?

Why did you put inherit in quotes? Who has owned the pistol for the last 12 years? If it's not you then normally you would need to do a PPT at a dealer with the current owner of the handgun. It does not matter that pistol isn't registered in the current owner's name. They can still do a PPT with you at an FFL.

beauregard
03-27-2011, 2:48 PM
Why did you put inherit in quotes? Who has owned the pistol for the last 12 years? If it's not you then normally you would need to do a PPT at a dealer with the current owner of the handgun. It does not matter that pistol isn't registered in the current owner's name. They can still do a PPT with you at an FFL.

There is no clear legal owner, as he had no relatives and his wife (my aunt) has Alzheimers and lives in a private managed care facility.

Cokebottle
03-27-2011, 3:05 PM
There is no clear legal owner, as he had no relatives and his wife (my aunt) has Alzheimers and lives in a private managed care facility.
Then you aunt's conservator would normally have power of attorney and could execute the transfer.

Connor P Price
03-27-2011, 3:08 PM
Then you aunt's conservator would normally have power of attorney and could execute the transfer.

This is my understanding as well. She would have become the legal owner upon his passing.

beauregard
03-27-2011, 6:24 PM
So as the guardian of the next of kin I am legally the next in the chain, and need to send in a voluntary registration form to the DOJ to take ownership, correct?

Moto4Fun
03-27-2011, 6:28 PM
Along these same lines, I have a couple questions so can prepare for my own inheritance.

My dad has a pile of guns, some of which he bought, some of which my grandfather bought, some of which my uncle bought. I have to assume these have been traded around the family with no formal paper work. SO when I get these guns,will there be a problem if my dad wasn't the purchaser of any particular gun if I try to sell it? Or register it?

Do inheritence guns get transfered through an ffl from the deceased to the new owner?

If my dad wants me to sell off any of his guns for him, does he have to be present at the PTP transfer?

Cokebottle
03-27-2011, 6:40 PM
Along these same lines, I have a couple questions so can prepare for my own inheritance.

My dad has a pile of guns, some of which he bought, some of which my grandfather bought, some of which my uncle bought. I have to assume these have been traded around the family with no formal paper work. SO when I get these guns,will there be a problem if my dad wasn't the purchaser of any particular gun if I try to sell it? Or register it?

Do inheritence guns get transfered through an ffl from the deceased to the new owner?

If my dad wants me to sell off any of his guns for him, does he have to be present at the PTP transfer?
Father to son is "Here ya go kid" for long guns. No paperwork or FFL needed.
Handguns require the operation of law, intrafamilial transfer (and $19). http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

This is similar to the VolReg, but is used when a handgun passes between direct blood-line relatives (brother/sister do not qualify).
Regardless of how your father came into possession (legally from his father, or illegally from his brother), you would be taking legal possession from him.

If he wants you to sell them for him, then they do need to go through an FFL. It's legal for the long guns. Handguns are "iffy", because if the buyer fails background, the dealer will have to re-DROS the gun back to the seller (you), which then puts it into your name.

Moto4Fun
03-27-2011, 7:04 PM
Ha ha!! Sorry pops, the buyer was a criminal, gun's mine now!