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  #1  
Old 04-25-2019, 11:34 AM
RickT RickT is offline
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Default Selling guns I inherited - no intrafamilial transfer done

I have a few more guns given to me by my mom during a recent visit. They belonged to my dad who died in 2011. I did the intrafamilial transfer request online previously for the other guns he gave me years ago - which I’m keeping. My question is... Can I sell guns I inherited without having an intrafamilial transfer done? All of them have been in our family since the ‘80s & ‘90s so I have some but not all of the original bills of sale. My mom gave these all to me just recently. Can I sell rifles I inherited recently too?

Thanks in advance.

Rick
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  #2  
Old 04-25-2019, 2:20 PM
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Are both you and your mother California residents?
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Old 04-25-2019, 2:22 PM
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Originally Posted by fiddletown View Post
Are both you and your mother California residents?
Yes we are.
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Old 04-25-2019, 2:59 PM
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You may also want to be careful about what you post online so you do not incriminate yourself.
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Old 04-25-2019, 3:16 PM
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Just an FYI, but you know that you can get these all legally in your name by submitting one single form and $19 total, right (assuming nothing falls under the AW laws)?

If you are worried about legalities, that might be the way to go. It'll take a couple of months to get the confirmation letters back from the State.
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Old 04-25-2019, 3:48 PM
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Quote:
Originally Posted by Gryff View Post
Just an FYI, but you know that you can get these all legally in your name by submitting one single form and $19 total, right (assuming nothing falls under the AW laws)?

If you are worried about legalities, that might be the way to go. It'll take a couple of months to get the confirmation letters back from the State.
Thanks. I'm aware of the intrafamilial transfer request. I did a request online for other guns given to me by my dad. All of which were purchased legally by him over the years.

I won't be keeping all the guns I recently took possession of from my mom - I will be selling some of them. I just wondered if I needed to even do the intrafamilial transfer before I sell them because that process takes a while to complete by the DOJ. I will do the intrafamilial transfer for the ones I intend to keep.
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Old 04-25-2019, 7:35 PM
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There are all sorts of ways to get rid of the guns but please be careful what you talk about on a public forum. Sell in Nevada and just tell the state you got rid of them out of state. there are several gun shows coming up in reno and Vegas in the next three months.
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Old 04-25-2019, 7:50 PM
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My intent is NOT to do anything illegal. I apologize if I didn’t come across clearly. My father gave me these guns before his death - they were purchased legally by him over the years and I took possession of the remaining ones very recently from my mother. If the answer is to go ahead and facilitate the intrafamilial transfer request with the DOJ, then that’s what I’ll do to account for every gun I took possession of. I’ll sell the ones I don’t want at a later time.

The purpose of my post was to get valuable information from a vested community with vast experience. I’ve nothing to hide so I find no reason to ask my question in private.

Thanks for the insights.

Last edited by RickT; 04-25-2019 at 7:53 PM..
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Old 04-25-2019, 8:27 PM
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That is good and no one was implying you were looking to do anything illegal but it sounded like you might want options. By all means go ahead and register everything with DOJ and pay the fees so they are in your name. then when you decide to sell list them or take them to a gun shop and pay the further state fees to get rid of them. you have your answer.
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Old 04-25-2019, 8:36 PM
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OP. IIRC, once you take possession of the firearms, you have a grace period. I can’t remember if it’s 30 or 60 days, to submit the required forms.

Should you sell them during that time, the registration would then be under the new owners name. And the politicians and their minions don’t care where they were, they care where they are going to be. That way, if the liberal utopia wins, they can go right to the front door and take them away.

IANAL, and this is not legal advice. With all the underhanded B.S. the douchebag overlords are pulling, it’s getting hard to keep track of all the changes and crap.

If I’m wrong on this, I’m sure someone will be along to correct me shortly.
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Last edited by SonofWWIIDI; 04-25-2019 at 8:39 PM..
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  #11  
Old 04-25-2019, 10:19 PM
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Quote:
Originally Posted by RickT View Post
Thanks. I'm aware of the intrafamilial transfer request. I did a request online for other guns given to me by my dad. All of which were purchased legally by him over the years.

I won't be keeping all the guns I recently took possession of from my mom - I will be selling some of them. I just wondered if I needed to even do the intrafamilial transfer before I sell them because that process takes a while to complete by the DOJ. I will do the intrafamilial transfer for the ones I intend to keep.
Within 30 days of taking possession of the firearms, you are suppose to report the transfer to CA DOJ.
There is no penalty for reporting after the 30 day window has elapsed.

There are also no restrictions for selling the firearms during the 30 day time period.
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  #12  
Old 04-25-2019, 10:38 PM
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Quote:
Originally Posted by big red View Post
There are all sorts of ways to get rid of the guns but please be careful what you talk about on a public forum. Sell in Nevada and just tell the state you got rid of them out of state. there are several gun shows coming up in reno and Vegas in the next three months.
For the last 50 years, Federal laws have prohibited the transfer of firearms between residents of different States unless a FFL it utilized. [18 USC 922(a)(3)&(5)]
Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer.

Which means for a CA resident to legally transfer a firearm to a NV resident, the transfer must be done through a NV FFL dealer.

After the firearm is transferred, the CA resident can voluntarily inform CA DOJ that the firearm was sold out-of-state.
This requires the buyer's info and the out-of-state FFL dealer's info.


Starting 01-02-2020, all firearm transfers in NV must be done through a NV FFL dealer.
Failure to utilize a NV FFL dealer equates to a misdemeanor for the first time and a felony for every time after the first.

Exemptions to the new NV firearm transfer laws:
A. The transfer is to a Gov/Mil/LE agency and an authorized employee of the Gov/Mil/LE agency.
B. The transfer is of a firearm that is classified as an antique under Federal laws/regulations.
C. The transfer is between spouses or family members.
D. The transfer is temporary (loan) and needed to prevent imminent death or great bodily harm and the duration only lasts until the threat is no longer imminent. {time period when you call law enforcement and when they show up}
E. The transfer is temporary (loan) and is done at a range, competition, performance and the lendee is physically present for the entire duration of the loan or the transfer is to a licensed hunter while hunting and the lendee is physically present for the entire duration of the loan.
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Last edited by Quiet; 04-25-2019 at 10:40 PM..
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  #13  
Old 04-26-2019, 12:40 AM
Chewy65 Chewy65 is offline
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Quote:
Originally Posted by Quiet View Post
Within 30 days of taking possession of the firearms, you are suppose to report the transfer to CA DOJ.
There is no penalty for reporting after the 30 day window has elapsed.

There are also no restrictions for selling the firearms during the 30 day time period.
It may not be a penalty, but if you fail to file the report within the 30 day window don't you have to comply with Section 27545?

Quote:
27875. (a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:

(1) The transfer is infrequent, as defined in Section 16730.

(2) The transfer is between members of the same immediate family.

(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.

(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.

(5) The person receiving the firearm is 18 years of age or older.
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  #14  
Old 04-26-2019, 1:34 AM
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Quote:
Originally Posted by Chewy65 View Post
It may not be a penalty, but if you fail to file the report within the 30 day window don't you have to comply with Section 27545?
There is no penalty for filing past the 30 day time period.

There is a penalty (misdemeanor), if the person never reports and it is discovered.
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Last edited by Quiet; 04-26-2019 at 1:40 AM..
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  #15  
Old 04-26-2019, 2:41 AM
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If the transfer occured prior to 1990, was any reporting necessary? OP did mention something about the 1980's.
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  #16  
Old 04-26-2019, 4:28 AM
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Quote:
Originally Posted by Kokopelli View Post
If the transfer occured prior to 1990, was any reporting necessary? OP did mention something about the 1980's.
The transfer occurred recently.
The firearms were owned by the parents since the 1980s-1990s.
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Old 04-26-2019, 5:05 AM
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Quote:
Originally Posted by RickT View Post
I won't be keeping all the guns I recently took possession of from my mom - I will be selling some of them. I just wondered if I needed to even do the intrafamilial transfer before I sell them because that process takes a while to complete by the DOJ. I will do the intrafamilial transfer for the ones I intend to keep.
I don't believe you need to wait to receive the response from filing the oplaw form with the DOJ before selling any of the items. Once you send in the form, your legal requirements are fulfilled.
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  #18  
Old 04-26-2019, 6:18 AM
RickT RickT is offline
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Thanks guys. You answered all my questions. Any money received from the sales of my dad's guns will go to my mom to help her out. She's in her late 70s and on a fixed income.

This is a great group and I appreciate you all.

Rick
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  #19  
Old 04-26-2019, 10:24 AM
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Quote:
Originally Posted by mrdd View Post
I don't believe you need to wait to receive the response from filing the oplaw form with the DOJ before selling any of the items. Once you send in the form, your legal requirements are fulfilled.
Technically you're right.

Though someone recently posted that he did just that and the whole OpLaw request got kicked back because of the sale of one on the list. I didn't keep track of the thread so I don't know how it turned out.
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Old 04-26-2019, 7:14 PM
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All the law says is that you must notify the department (DOJ) in a manner in which they prescribe (oplaw form). Neither the law nor the form state that you are not allowed to dispose of the item until they give the okay.

Sounds like the DOJ is screwing up as usual. Just like the DMV.
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