Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > FFL's Forum
Register FAQ Members List Calendar Mark Forums Read

FFL's Forum For open discussion between FFLs and polite questions for FFLs.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-05-2018, 9:14 AM
Mojamz's Avatar
Mojamz Mojamz is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Mar 2008
Location: Chatsworth, CA
Posts: 706
iTrader: 31 / 100%
Default Handgun Transfer Question

Seeking advice from an FFL.

A while back my uncle gave me handgun however he passed away before we could transfer the gun to me via DROS/FFL.

Can I sell the handgun to a qualified individual through an FFL?
Reply With Quote
  #2  
Old 02-05-2018, 11:24 AM
acespawnshop's Avatar
acespawnshop acespawnshop is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jun 2012
Location: West Covina, CA
Posts: 1,908
iTrader: 2 / 100%
Default

Not trying to sound coldhearted but here's your answer.

The transfer between you and your uncle was already illegal. There's no way to undo that mistake, just go PPT it to whoever and hope you don't have a stolen gun or something on your hands. Good luck.
__________________
Interstate Transfers $25 plus $25 DROS and tax. ammo transfers $15 plus tax
Email acesjewelryandloan@hotmail.com if you need us to do a transfer!
Or call 626-968-5900
Gun transfers 10am-5pm 7 days a week!
We are an NFA firearms dealer!

Follow us on Facebook @acesjewelryandloan Need Cash Fast? Get a loan on your firearms here!
1 Left at this price! Spikes Tactical ST15 Receivers $65 each! Zombie, and Spider logos!
Reply With Quote
  #3  
Old 02-05-2018, 11:33 AM
Chewy65 Chewy65 is offline
Veteran Member
 
Join Date: Dec 2013
Posts: 3,085
iTrader: 0 / 0%
Default

Besides violations of CA law, if you and your Uncle were residents of different states your failure to use an FFL was a felony under Federal law. Unless it's a really nice piece, you may want to turn it in at the next opportunity to get a couple hundred in groceries or whatever.
Reply With Quote
  #4  
Old 02-05-2018, 2:55 PM
Mojamz's Avatar
Mojamz Mojamz is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Mar 2008
Location: Chatsworth, CA
Posts: 706
iTrader: 31 / 100%
Default

Thanks for the responses...the gun was purchased by my uncle brand new in California, I was with him when he made the purchase. I too, am a Cali resident.
Reply With Quote
  #5  
Old 02-05-2018, 2:57 PM
Mojamz's Avatar
Mojamz Mojamz is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Mar 2008
Location: Chatsworth, CA
Posts: 706
iTrader: 31 / 100%
Default

If I PPT the gun to another person will there be issues since the gun is not registered to me? Again, the gun was purchased brand new by my uncle so it's a clean gun.
Reply With Quote
  #6  
Old 02-06-2018, 1:07 PM
ugimports's Avatar
ugimports ugimports is offline
Vendor/Retailer
 
Join Date: Jun 2009
Location: Fremont, CA
Posts: 3,551
iTrader: 21 / 100%
Default

Are you documenting some previous illegal transaction? Yes
Will you get caught for the above? Not likely.
Will there be issues when you PPT? Not likely
Are any of us responding lawyers or know 100%? Nope!
__________________
us on facebook
UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
Closure Schedule: http://ugimports.com/closed
web: http://ugimports.com/calguns / email: sales@ugimports.com
twitter: http://twitter.com/ugimports / phone: (510) 371-GUNS (4867)
G+: http://google.com/+UGImportsLLCFremont / FB: http://facebook.com/ugimports
NorCal Range Maps: http://ugimports.com/rangemaps

I AM THE MAJORITY!!!
Reply With Quote
  #7  
Old 02-06-2018, 1:42 PM
Gryff's Avatar
Gryff Gryff is offline
CGSSA Coordinator
 
Join Date: May 2006
Location: Castro Valley, CA
Posts: 11,400
iTrader: 57 / 98%
Default

Quote:
Originally Posted by ugimports View Post
Are you documenting some previous illegal transaction? Yes
I thought it wasn't in the law that you had to be the actual owner to PPT a gun to someone else (even though there are lots of reasons that is a bad idea).
__________________
My friends and family disavow all knowledge of my existence, let alone my opinions.
Reply With Quote
  #8  
Old 02-06-2018, 1:48 PM
ugimports's Avatar
ugimports ugimports is offline
Vendor/Retailer
 
Join Date: Jun 2009
Location: Fremont, CA
Posts: 3,551
iTrader: 21 / 100%
Default

Quote:
Originally Posted by Gryff View Post
I thought it wasn't in the law that you had to be the actual owner to PPT a gun to someone else (even though there are lots of reasons that is a bad idea).
From the OP:
Quote:
A while back my uncle gave me handgun however he passed away before we could transfer the gun to me via DROS/FFL.
That was the illegal transfer that is 'documented'. E.g., he doesn't have the correct paper trail to him.

It's not like he said he was bringing it in to sell for his ill uncle who gave him PoA or something. By him being the seller in the PPT he documents he had ownership at the time. Now, especially with our 30 day loaning laws, etc.. it would probably be document breaking that law as well. The time of "a while back" is vague though so we don't know if that was 12 days ago or 12 years ago, etc..

However, as I stated, are you likely to get caught? Probably not. I'm sure transactions like this happen daily in California from similar situations. Just like people speed everyday on the freeway.
__________________
us on facebook
UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
Closure Schedule: http://ugimports.com/closed
web: http://ugimports.com/calguns / email: sales@ugimports.com
twitter: http://twitter.com/ugimports / phone: (510) 371-GUNS (4867)
G+: http://google.com/+UGImportsLLCFremont / FB: http://facebook.com/ugimports
NorCal Range Maps: http://ugimports.com/rangemaps

I AM THE MAJORITY!!!
Reply With Quote
  #9  
Old 02-06-2018, 9:07 PM
Gryff's Avatar
Gryff Gryff is offline
CGSSA Coordinator
 
Join Date: May 2006
Location: Castro Valley, CA
Posts: 11,400
iTrader: 57 / 98%
Default

Quote:
Originally Posted by ugimports View Post
It's not like he said he was bringing it in to sell for his ill uncle who gave him PoA or something.
Not trying to bust your balls...just trying to understand the ins and outs of transfer law.

So, if he comes in and says that his uncle wants him to handle the PPT, but he doesn't have an actual power of attorney (which, to my understanding, is not required for a PPT), then there is no paper trail yet he is still acting within the law. Is this not correct?
__________________
My friends and family disavow all knowledge of my existence, let alone my opinions.
Reply With Quote
  #10  
Old 02-06-2018, 10:08 PM
ugimports's Avatar
ugimports ugimports is offline
Vendor/Retailer
 
Join Date: Jun 2009
Location: Fremont, CA
Posts: 3,551
iTrader: 21 / 100%
Default

Quote:
Originally Posted by Gryff View Post
Not trying to bust your balls...just trying to understand the ins and outs of transfer law.

So, if he comes in and says that his uncle wants him to handle the PPT, but he doesn't have an actual power of attorney (which, to my understanding, is not required for a PPT), then there is no paper trail yet he is still acting within the law. Is this not correct?
Maybe, but I am not a lawyer so I'm not 100% sure.
__________________
us on facebook
UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
Closure Schedule: http://ugimports.com/closed
web: http://ugimports.com/calguns / email: sales@ugimports.com
twitter: http://twitter.com/ugimports / phone: (510) 371-GUNS (4867)
G+: http://google.com/+UGImportsLLCFremont / FB: http://facebook.com/ugimports
NorCal Range Maps: http://ugimports.com/rangemaps

I AM THE MAJORITY!!!
Reply With Quote
  #11  
Old 02-07-2018, 8:09 AM
shootsocal_dave's Avatar
shootsocal_dave shootsocal_dave is online now
Member
 
Join Date: Sep 2016
Location: Orange County
Posts: 284
iTrader: 0 / 0%
Default

Firearms Ownership Report. Just list uncle. Most times the DOJ shrugs their shoulders and are just happy it is registered now. Not every situation is able to "fall into a lawful category" because CA state law is too matter of the fact.
__________________
www.shootsocal.com
CA FFL
Reply With Quote
  #12  
Old 02-07-2018, 9:50 PM
caliguy93's Avatar
caliguy93 caliguy93 is online now
Senior Member
 
Join Date: Jun 2016
Location: North Koreafornia
Posts: 664
iTrader: 5 / 100%
Default

The firearm belongs to your uncles estate. Whoever is executor of his estate has the power to legally transfer the firearm to whoever they are supposed to in his will. It sounds like it’s you.

As for the previous “uncle gave me” we can assume he didn’t give you physical custody and only symbolically gave it to you without actual delivery and planned to deliver the gun to you after a lawful transfer of course and just never got around to it.
Reply With Quote
  #13  
Old 02-08-2018, 12:48 PM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 9,252
iTrader: 6 / 100%
Default

Quote:
Originally Posted by Gryff View Post
So, if he comes in and says that his uncle wants him to handle the PPT, but he doesn't have an actual power of attorney (which, to my understanding, is not required for a PPT), then there is no paper trail yet he is still acting within the law. Is this not correct?
CA law requires that transfers between people, with some exceptions, goes through a FFL, so he does not have the firearm legally.

A CA PPT is saying that you are selling the firearm. You can't do it for someone else legally. While you might not get caught, that does not make it legal.

A POA is required to sell a firearm for someone, look at the CA DOJ web site for the form.

If he claims that he is the owner and sells it as a CA PPT, then there is a paper trail.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #14  
Old 02-08-2018, 1:16 PM
edgerly779 edgerly779 is online now
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2009
Location: canoga park, ca
Posts: 9,982
iTrader: 85 / 100%
Default

f your uncle is alive have him do ppt to you to be legal then you sell. He need nothing but ca id.
Reply With Quote
  #15  
Old 02-08-2018, 1:19 PM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 9,252
iTrader: 6 / 100%
Default

Quote:
Originally Posted by edgerly779 View Post
f your uncle is alive have him do ppt to you to be legal then you sell. He need nothing but ca id.
Per the OP, he's dead Jim.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #16  
Old 02-09-2018, 4:44 PM
Mojamz's Avatar
Mojamz Mojamz is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Mar 2008
Location: Chatsworth, CA
Posts: 706
iTrader: 31 / 100%
Default

Thanks guys, this has been helpful...I’m having the gun transferred by the executor of my uncle’s estate to me.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 12:26 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2018, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2018, Calguns.net an Incorporated Company All Rights Reserved.