Transfer

[chenzilla]

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!

[SkyHawk]

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

[chenzilla]

Originally Posted by SkyHawk

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

They are currently in USA in my safe

[Oldmandan]

Originally Posted by chenzilla

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?

[chenzilla]

Originally Posted by Oldmandan

If that is the case... then I’m 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.

[Librarian]

Originally Posted by chenzilla

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'.

[chenzilla]

Originally Posted by Librarian

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!

[chenzilla]

Originally Posted by Librarian

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

[SkyHawk]

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.

[pacrat]

Originally Posted by chenzilla

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.

[SkyHawk]

Originally Posted by pacrat

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?

[pacrat]

Originally Posted by SkyHawk

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.

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.

[chenzilla]

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

[edgerly779]

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.

[SonofWWIIDI]

When he gave you the guns and moved, what year was that?