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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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Old 04-15-2011, 2:30 PM
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EBWhite EBWhite is offline
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Default Question about confiscated firearms

Hey guys-

A family friend called me for advice but I want to send him in the right direction on what to do.

They are an older couple who is has been into cowboy action shooting for years. His wife owns about ten cowboy action firearms and approx a year ago she had some issues and was admitted on a 5150 . He is a prohibited person from many years ago. They are really good people but the sheriff came and confiscated the guns last week. He has 180 days to do something with them. He would like to transfer the firearms to his son and if thats not possible, sell them...What is the routes he can take. Any advice would help.

thanks!
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Old 04-15-2011, 2:57 PM
jtmkinsd jtmkinsd is offline
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He needs to find an FFL in his area who will go and pick up the firearms for transfer. There is usually a form they fill out "releasing" the firearms to the dealer. Then they can PPT them to his son if he is local. If he's not, the dealer can ship them to wherever his son's FFL is.
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Old 04-16-2011, 1:34 PM
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Father to Son will not require a PPT, An intra-family transfer would suffice.
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Old 04-16-2011, 5:37 PM
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See here from DOJ (pdf file), it explains the options.

One option that might be the easiest is for the woman to designate a non-prohibited person as having her power of attorney. That person can get the guns and transfer them to someone else via an FFL, or keep them themselves without having to go through an FFL for the transfer (they send in the voluntary registration form instead). If it is the son or a family friend, that person can retain ownership of the guns until her prohibition ends (or keep them forever if that is the intent).

She should also consider contacting an attorney so that the attorney can help her petition the court for relief from the 5150 firearms prohibition. That would save her having to wait 5 years for the prohibition to expire.

You might also want to let her know that it is illegal for her to possess ammunition as well as guns.
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Old 04-16-2011, 7:06 PM
jtmkinsd jtmkinsd is offline
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Guys...nobody can do anything until an FFL picks up the firearms (they've already been confiscated and are in possession of LE)...period. Intrafamilial transfer (without FFL) is a no go...because neither of the owners can possess the firearms. You have to involve an FFL at some point in any case...so why bother with the power of attorney? There should be an FFL in your area who does this service on a routine basis...heck, ask the local LE who have the weapons who normally does the pick ups for these sorts of things...I'm fairly certain there is one or two that do most of these types of transactions in the area and they can get you headed in the right direction.
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Old 04-17-2011, 7:52 AM
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If they are interested in selling (sounds like it is the only option), where are they located and what type/caliber are they revolvers?
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