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 > POLITICS, LITIGATION AND ACTIVISM > How CA Laws Apply to/Affect Me
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 01-13-2021, 4:33 PM
chenzilla chenzilla is offline
Junior Member
 
Join Date: Jun 2020
Location: Orange County
Posts: 54
iTrader: 2 / 100%
Default Transfer

Hey Calgun family!

Fairly new here and not sure if this is the right area to ask this.

But admins please PM or guide me in the right direction if I am wrong.

The question is my uncle who does not live here United States anymore and basically surrendered all US Citizenship has guns that he is wanting to give to me. What process and what is needed to be done in order to do so.

thanks in advance!
Reply With Quote
  #2  
Old 01-13-2021, 4:38 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 18,404
iTrader: 188 / 100%
Default

where are the guns now? Are they in the USA or out of the USA?
__________________
.


Last edited by SkyHawk; 01-13-2021 at 6:12 PM..
Reply With Quote
  #3  
Old 01-13-2021, 6:32 PM
chenzilla chenzilla is offline
Junior Member
 
Join Date: Jun 2020
Location: Orange County
Posts: 54
iTrader: 2 / 100%
Default

Quote:
Originally Posted by SkyHawk View Post
where are the guns now? Are they in the USA or out of the USA?
They are currently in USA in my safe
Reply With Quote
  #4  
Old 01-13-2021, 6:59 PM
Oldmandan's Avatar
Oldmandan Oldmandan is offline
Senior Member
 
Join Date: Dec 2012
Posts: 2,045
iTrader: 22 / 96%
Default

Quote:
Originally Posted by chenzilla View Post
They are currently in USA in my safe
If that is the case... then I’m not sure why you came here to ask how to legally acquire?

Are you just gloating?
__________________
"To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them" - Richard Henry Lee

Reply With Quote
  #5  
Old 01-13-2021, 7:10 PM
chenzilla chenzilla is offline
Junior Member
 
Join Date: Jun 2020
Location: Orange County
Posts: 54
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Oldmandan View Post
If that is the case... then Im not sure why you came here to ask how to legally acquire?

Are you just gloating?
No need to gloat. It is a serious question which I thought we were much more mature about. I am asking because I am wanting to sell some of the firearm which I won't use nor care for.
Reply With Quote
  #6  
Old 01-13-2021, 7:22 PM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 40,982
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by chenzilla View Post
Hey Calgun family!

Fairly new here and not sure if this is the right area to ask this.

But admins please PM or guide me in the right direction if I am wrong.

The question is my uncle who does not live here United States anymore and basically surrendered all US Citizenship has guns that he is wanting to give to me. What process and what is needed to be done in order to do so.

thanks in advance!
This looks like a law question, so I'll move it in a bit.

At first impression, this suggests a transfer from out of the country - I know that seems weird when the guns are geographically in CA, but it's the residences of the parties involved in the transfers that interests BATF.

Even had he told you to keep them before he 'left town', would have had to have been a PPT at a CA FFL, as uncle-nephew is not CA 'immediate family'.
__________________
When a Long Train of Abuses and Usurpations, Pursuing Invariably the Same Object, Evinces a Design to Reduce Them [I.E. the People] Under Absolute Despotism, It Is Their Right, It Is Their Duty, to Throw off Such Government, and to Provide New Guards for Their Future Security.
Declaration of Independence, July 4th, 1776
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Consider Samizdat; consider some reading material, such as this and that.

Not a lawyer, just Some Guy On The Interwebs.



Reply With Quote
  #7  
Old 01-13-2021, 7:26 PM
chenzilla chenzilla is offline
Junior Member
 
Join Date: Jun 2020
Location: Orange County
Posts: 54
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Librarian View Post
This looks like a law question, so I'll move it in a bit.

At first impression, this suggests a transfer from out of the country - I know that seems weird when the guns are geographically in CA, but it's the residences of the parties involved in the transfers that interests BATF.

Even had he told you to keep them before he 'left town', would have had to have been a PPT at a CA FFL, as uncle-nephew is not CA 'immediate family'.
Thank you so much for your help!
Reply With Quote
  #8  
Old 01-13-2021, 7:28 PM
chenzilla chenzilla is offline
Junior Member
 
Join Date: Jun 2020
Location: Orange County
Posts: 54
iTrader: 2 / 100%
Default

Quote:
Originally Posted by Librarian View Post
This looks like a law question, so I'll move it in a bit.

At first impression, this suggests a transfer from out of the country - I know that seems weird when the guns are geographically in CA, but it's the residences of the parties involved in the transfers that interests BATF.

Even had he told you to keep them before he 'left town', would have had to have been a PPT at a CA FFL, as uncle-nephew is not CA 'immediate family'.
sent you a PM
Reply With Quote
  #9  
Old 01-13-2021, 7:32 PM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 18,404
iTrader: 188 / 100%
Default

A power of attorney form may help someone transfer them to you, but it is sort of a mess now that you have possession. If he was not a resident of CA when you obtained these, it is an even bigger mess.

And by mess, I mean crime. Unless he gave them to you in another, freer state you both lived in and then you moved here with them.
__________________
.

Reply With Quote
  #10  
Old 01-13-2021, 11:42 PM
pacrat pacrat is online now
Calguns Addict
 
Join Date: May 2014
Location: Socialist Republic of SoCal
Posts: 7,638
iTrader: 11 / 100%
Default

Quote:
Originally Posted by chenzilla View Post
They are currently in USA in my safe
How long have you had possession of them? This is important point.

If uncle left them in you safe OVER 3 yrs ago. Even though the fact he placed them in your possession is/was a misdemeanor. The "STATUTE OF LIMITATIONS" for the illegal transfer is 3 yrs.

If over 3 yrs has passed. They are yours to do with whatever you choose.
Reply With Quote
  #11  
Old 01-14-2021, 12:16 AM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy
CGN Contributor
 
Join Date: Sep 2012
Location: Nakatomi Plaza - 30th floor
Posts: 18,404
iTrader: 188 / 100%
Default

Quote:
Originally Posted by pacrat View Post
How long have you had possession of them? This is important point.

If uncle left them in you safe OVER 3 yrs ago. Even though the fact he placed them in your possession is/was a misdemeanor. The "STATUTE OF LIMITATIONS" for the illegal transfer is 3 yrs.

If over 3 yrs has passed. They are yours to do with whatever you choose.
That assumes they were both residents of CA. If uncle was not a resident of CA and OP was, then that is a federal felony. What is the SOL on that?
__________________
.

Reply With Quote
  #12  
Old 01-14-2021, 12:44 AM
pacrat pacrat is online now
Calguns Addict
 
Join Date: May 2014
Location: Socialist Republic of SoCal
Posts: 7,638
iTrader: 11 / 100%
Default

Quote:
Originally Posted by SkyHawk View Post
That assumes they were both residents of CA. If uncle was not a resident of CA and OP was, then that is a federal felony. What is the SOL on that?
You had already commented on the Ca residency requirement. Because I didn't disagree. I saw no need to agree.

If perchance the missing uncle was not a Ca resident at time of transfer. The Federal SOL would be 60 months, according to this law firm.

https://www.federalcharges.com/weapo...%20this%20time.

Quote:
Federal Gun Statute of Limitations
For noncapital crimes related to gun possession or importation, 18 USC 3282 asserts a statute of limitations of 60 months: That is, five years. However, capital crimes and violent offenses that were committed using a firearm may be prosecuted beyond this time.
Reply With Quote
  #13  
Old 01-14-2021, 1:19 AM
chenzilla chenzilla is offline
Junior Member
 
Join Date: Jun 2020
Location: Orange County
Posts: 54
iTrader: 2 / 100%
Default

He was a resident of CA and so was I. The gun has been in my safe and not taken out for more than 60 months now
Reply With Quote
  #14  
Old 01-14-2021, 3:05 AM
edgerly779 edgerly779 is online now
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Aug 2009
Location: canoga park, ca
Posts: 16,534
iTrader: 99 / 100%
Default

They are defacto your firearms now. You do not have to prove ownership to sell. List on here and sell. 5 transactions per year max up to 50 firearms total.
Reply With Quote
  #15  
Old 01-14-2021, 5:20 AM
SonofWWIIDI's Avatar
SonofWWIIDI SonofWWIIDI is offline
I need a LIFE!!
 
Join Date: Nov 2011
Location: Santa Clara county
Posts: 21,316
iTrader: 8 / 100%
Default

When he gave you the guns and moved, what year was that?
__________________
=iii=<(
🎺

Dear autocorrect, I'm really getting tired of your shirt!
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 4:31 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2021, 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 2002-2020, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.
Tactical Pants Tactical Boots Tactical Gear Military Boots 5.11 Tactical