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andyelisha
11-21-2012, 9:02 AM
Hello fellow gun advocates, I have a question to pick some of your brains. I recently purchased a Kimber Pro Carry 2 that has never been fired from a friend who was not the owner, but a relative of him. The gun was won at an NRA dinner about 3 years ago, but the actual owner of the gun died about a year and a half to two years ago (I was under the impression that the man i bought it from WAS the owner). I would like to put the gun in my name legally, but i dont know how to go about it. What kind of repercussions might i face? What forms would i have to fill out and whatnot?

Arkangel
11-21-2012, 9:07 AM
Did you transfer the gun at an FFL?

The sale of a firearm between two private individuals needs to be done at an FFL. This is known as a private party transfer (ppt). There is an exception to this but that Kimber does not qualify for it (C&R)

Mr. Beretta
11-21-2012, 9:08 AM
Hopefully both of you went to a local FFL and did a Private Party Transfer?

If so, you're fine.

If you didn't, you need to. It's the law.

Others will be by soon with more comments.

Good Luck.

andyelisha
11-21-2012, 9:17 AM
But how would the transaction even be legal if the owner is deceased? I have never bought a gun before through a private party, only through stores. This is why Im in the predicament that im in i suppose.

Arkangel
11-21-2012, 9:24 AM
IIRC the person who sells you the gun doesn't have to be the owner. You just find the closest FFL and tell them you want to do a PPT. As long as the gun is not reported stolen, then you should be g2g.

If I'm wrong someone will chime in and correct me.

Milsurps
11-21-2012, 9:28 AM
But how would the transaction even be legal if the owner is deceased? I have never bought a gun before through a private party, only through stores. This is why Im in the predicament that im in i suppose.

The executor of the deceased's Will would be the seller. Off to the FFL you go together to do a PPT. Don't over think it. ;)

RoundEye
11-21-2012, 9:46 AM
IIRC the person who sells you the gun doesn't have to be the owner. You just find the closest FFL and tell them you want to do a PPT. As long as the gun is not reported stolen, then you should be g2g.



^^^^ This

California doesn't really care who the owner is as long as it has not been reported stolen. They just want to have it in their record going forward so it can be confiscated when the time comes. :(

andyelisha
11-21-2012, 10:24 AM
its looking like im going to have to make some phone calls here real soon:facepalm:

Yerman
11-21-2012, 10:30 AM
If what you guys are saying is true, why would he need to contact the seller? Can't he just grab a buddy and say that his buddy owns it?

RoundEye
11-21-2012, 10:56 AM
Can't he just grab a buddy and say that his buddy owns it?

I guess he could, but what if during the DROS something comes back on the firearm, and now the DOJ is going to want to speak to you and your friend who was the "so called" owner, and you'll both have some explaining to do. If he does the PPT with the "real owner" if there is an issue, he'll look less guilty.

mrdd
11-21-2012, 11:35 AM
A lot of people are confused about the firearm transfer laws. The statutes generally regulate transfers, not sales per se. That is because not all transfers are sales where ownership changes. If you loan a gun to a friend, you just did a transfer.

It is not necessary for the PPT laws to make sales of stolen guns illegal, because there are already laws which make the sale of stolen property illegal.

Basically, if there is nobody else to claim ownership, your possession is presumed to be legal.

Going back to the OP, a question I would have is how did the person who sold it to you come into possession? Was it bequeathed to him? Did he acquire it from somebody who did inherit it?

The suggestion that the executor would be involved is questionable. Given the time that has lapsed, the executor is probably out of the picture. The property should have already been passed to a beneficiary. The person who legally inherited the property would be the rightful owner.

andyelisha
11-21-2012, 11:43 AM
It was the uncle (deceased man) of the guy who sold it to me. I would assume it was given to him by his aunt but it was not in the gentleman's name who sold it to me.

cannon
11-21-2012, 11:55 AM
It was the uncle (deceased man) of the guy who sold it to me. I would assume it was given to him by his aunt but it was not in the gentleman's name who sold it to me.

So?

The State does not care or check to see if the seller owns the gun. There are millions of unregistered/illegally transferred guns in Ca.

The DOJ only cares:

1, The gun is not reported stolen.
2, That you legally transfer it.

If you went through the PPT process and picked up the gun at the end of your ten days. It's legal, you are done, it's over. Accept it and enjoy.

If you did an under the table deal. You can:

1, Shut up. (Not legal)
2, Grab a buddy (Not legal but sometimes you gotta break the law to obey the law.) or seller and go do a PPT.

Don't over think this.

mrdd
11-21-2012, 12:01 PM
Sounds like there were several questionable transfers for this item. The aunt should have sent in an oplaw form when she inherited it. She should have transferred it to your friend using an FFL, and the friend should have done the same to you.

This is not legal advice, and I am not a lawyer. But, if you can be reasonably sure that the aunt is not claiming ownership, the best thing you can do at this point is to have the friend transfer it to you at an FFL.

toby
11-21-2012, 12:06 PM
Dont make a mountain out of an Ant hill just take the gun and the seller and DROS it, done deal.

Lead Waster
11-21-2012, 12:14 PM
Dont make a mountain out of an Ant hill just take the gun and the seller and DROSE it, done deal.

Yeah, it's $35, just go do it and stop stressing. Shoot, you'd pay way more to a therapist to figure out why you can't shoot it straight because of that little paranoia in the back of your mind every time you bring it to the range!

Besides, it's the law to use an FFL, and paying $35 to follow the law is better than keeping the $35 and breaking it, regardless of what you think of the law.

The seller should be happy to do it, since if anything happens, the cops will track down his uncle, then the aunt, then the seller. If the gun is stolen from the OPs house, then even more questions might arise. Why do you have Uncle Bobby's gun?

andyelisha
11-22-2012, 7:10 AM
Im not stressing, i just wanted an answer because i want to have this gun legally in my name so i can have it as my conceal carry.

M. D. Van Norman
11-22-2012, 8:58 AM
So you’re unclear on how to conduct a legal transfer, but you’re savvy enough to have obtained a license to carry?

ElDub1950
11-22-2012, 9:19 AM
Dont make a mountain out of an Ant hill just take the gun and the seller and DROS it, done deal.

^^ That. It's not a big deal, just do the steps you skipped over, with the guy you actually got the gun from. You might call a couple of ffls. It seems some are very helpful and others try to make a ppt a pain in the ***** and make up their own rules.

OUTLAWZ
11-22-2012, 9:45 AM
I'm sorry but is it me or is something missing here? How does one have the knowledge to obtain a CCW (Let's not even ask which state circus did one have to perform in to get it approved?) and have no ideas on doing PPT? My suggestion is to either, A - Listen to the seasoned veterans here who know what they are talking about (I'm not a veteran but have been here long enough to learn from them.) and go get the original owner's nephew (Your friend who sold you the gun?) and go to your nearest FFL to get the transfer done properly. B - (Inserting some sarcasm now) Don't take the advice you asked for and contact your nearest FFL and ask them same question as here before you come in so they think you have engaged in some illegal activities and report you to the police. Lastly, C - Just say to no trolling and move on. Good luck with your gun and Happy Thanksgiving!

Leon