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View Full Version : Ok is this legal?


matthewbrian316
07-27-2012, 10:22 PM
A few months ago I was introduced to this lady and she had a .22 rifle that I wanted to buy but no paper work she said she bought it 1970-72 and she said she never registered it in oaklahoma when she moved it she also did not register it anyways She was stuck on saying that she could sell it to me directly but I refused anyways I went there last week and found out she passed away anyways the nephew remembered me and claims he owns the gun now but again no transfer . Can he go to the FFL dealer to do the transfer ?

Im confused can he legally claim its his? He even said to let him know if not he can go and register the rifle. ( I know your not required to register it in California but its sn option)

axel4488
07-27-2012, 10:25 PM
Intrafmailiar transfer from the aunt to the nephew is legal. No FFL needed for rifles. He can go to the FFL with you and transfer the rifle, pay the fee, wait the 10 days.

matthewbrian316
07-27-2012, 10:42 PM
Intrafmailiar transfer from the aunt to the nephew is legal. No FFL needed for rifles. He can go to the FFL with you and transfer the rifle, pay the fee, wait the 10 days.

Ok is that legal if the transfer was only given to him verbally? Since they did not fill up anyform he said. It was just given to him he claims . Sorry just making sure I do this right I dont want the rifle to be confiscated if ever.

Kappy
07-27-2012, 10:50 PM
Well... if she's dead, someone is executor of her property. If it is him, I suppose it's fine.

For HIM, it is a gray area. For you... if you've done the FFL and waited your 10 days, I would assume you're in the clear.

JohnCriswell
07-27-2012, 11:02 PM
You can only buy it from him if you promise to use commas and periods from now on.

matthewbrian316
07-27-2012, 11:49 PM
Well... if she's dead, someone is executor of her property. If it is him, I suppose it's fine.

For HIM, it is a gray area. For you... if you've done the FFL and waited your 10 days, I would assume you're in the clear.

Ok I think I will try to do that, I am actually in the location now using my phone to just get some useful information and to get to know them better they have other items I am interested in. Thanks more info would help thanks again!

matthewbrian316
07-27-2012, 11:53 PM
Here is the Rifle, It's an Early edition Weatherby Mark XXII Italy version with a very low Serial #.

161337

jben
07-28-2012, 12:10 AM
Intrafmailiar transfer from the aunt to the nephew is legal. No FFL needed for rifles. He can go to the FFL with you and transfer the rifle, pay the fee, wait the 10 days.

No...it's not. It needs to be parent to child or grandparent to grandchild, etc.

http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

If the nephew is currently in possession he could go do the transfer at an FFL to you.

matthewbrian316
07-28-2012, 12:26 AM
No...it's not. It needs to be parent to child or grandparent to grandchild, etc.

http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

If the nephew is currently in possession he could go do the transfer at an FFL to you.

That is exactly what I thought too in the intrafamiliar transfer.
Im having a drink with the nephew he is saying that why cant I just take the gun and tell them it was given to me by a close Relative. I told him that it needs a paper work to make sure its legal and safe for the both of us. ( although I'm tempted to just do that but...nahh not worthit if I can do it the right way.)

Librarian
07-28-2012, 12:32 AM
Inheritance doesn't require any family relationship at all.

Tell the nephew to go with you to your favorite LGS and transfer the gun via PPT.

roushstage2
07-28-2012, 12:35 AM
There really isn't anything that is stopping you from doing that since long guns aren't registered...other than knowing it is illegal and not wanting to chance getting caught breaking the law. Not worth it IMO over $35.

cmichini
07-28-2012, 5:02 AM
Intrafmailiar transfer from the aunt to the nephew is legal. No FFL needed for rifles. He can go to the FFL with you and transfer the rifle, pay the fee, wait the 10 days.

I thought that was only vertical in the family tree (parent, offspring, grandparent, etc).

I don't think the aunt-nephew transfer qualifies, but INAL.

MindBuilder
07-28-2012, 12:07 PM
If the gun was part of the estate then it could be on official court record as belonging to somebody else recently, and therefore it might be hard for you to explain how you got it without going through a dealer, if you ever face questions like that.

I'm not a lawyer and I could easily be wrong about stuff like this, but I had to research estate gun transfers about five years ago and it was generally legal for somebody to inherit a long gun in California without going through a dealer or registering it. For a hand gun, the recipient had to have a handgun safety certificate before recieving the pistol and then send in a registration form and $19 within 30 days.

It would not have been legal under an intrafamily transfer for the aunt to give it to the nephew before dying without going through a dealer. It has to be between child, parent, or grandparent. It can't even go between brothers or sisters without a dealer.

matthewbrian316
07-28-2012, 11:27 PM
Thanks for all the info guys ... Ok I think I will try to talk to this guy hopefully he cooperates and hopefully its legal how he aquired it.