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  #1  
Old 08-25-2019, 7:12 PM
Saym14 Saym14 is offline
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Default Selling a gun my wife bought

We are married and the gun is community property although it was purchased in her name… We are going to sell it , Can I act as the seller and fill out the paperwork or does she have to do it? If she does have to do the paperwork in this situation is there an option that she does the $19 transfer to my name? then I can sell it?
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  #2  
Old 08-26-2019, 11:21 AM
BONECUTTER BONECUTTER is offline
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Quote:
Originally Posted by Saym14 View Post
We are married and the gun is community property
Community property does not apply with guns that way.

Quote:
it was purchased in her name
She is the owner of the firearm.

Quote:
We are going to sell it
Since there is no "we" in ownership She could sell it though.

Quote:
Can I act as the seller and fill out the paperwork
No, the firearm is hers

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is there an option that she does the $19 transfer to my name? then I can sell it?
Yes, the firearm could be oplaw formed to you and they you sell it but it sounds like a hige waste of time/money.

Just find a buyer and you both go to do the PPT so she can sign the paperwork. Easy.
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Old 08-26-2019, 5:22 PM
Saym14 Saym14 is offline
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If I mail in the oplaw form can I sell it immediately or do I have to wait And get some paperwork back?

You are right these California laws are a huge waste of time and money. If I was in Arizona it would have been sold yesterday
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Old 08-27-2019, 1:03 PM
BONECUTTER BONECUTTER is offline
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Originally Posted by Saym14 View Post
If I mail in the oplaw form can I sell it immediately or do I have to wait And get some paperwork back?
Not a good idea.

Say:
Mail form 8/27/19
Sell Gun 8/28/19
Buyer picks up and gun registered in AFS to them 9/7/19
DOJ trys to process your OPLAW 9/8/19 or later.....

Either:
A: They reject it cause your wife was the the last owner...according to AFS and your transfer may of not been legal.
B: They don't pay attention and register you as the new owner or that Make/Model/Serial firearm and if its used in a crime you mat have legal issues to worry about.

Just have your wife do the paperwork.
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Old 08-27-2019, 8:04 PM
Saym14 Saym14 is offline
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Anyone know how long ittakes state to process the Oplaw form? Do they send me papers back?
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Old 08-27-2019, 8:10 PM
Saym14 Saym14 is offline
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Originally Posted by Saym14 View Post
Anyone know how long ittakes state to process the Oplaw form? Do they send me papers back?
OK so I did a search and people say it took six weeks to four months to get paperwork Back. This state is f,d up
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  #7  
Old 08-27-2019, 8:43 PM
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RoundEye RoundEye is offline
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I know that when some have had a love one pass they've had no issue transferring firearms that were inherited without updating any registration info via OPLAW or otherwise. They just go into the FFL present their ID, and sign the DROS as the seller.

When processing a PPT, the CADOJ doesn't care who the owner is, only that the firearm has not reported stolen, or believed to have been used in crime. To my knowledge, they never check the AFS List of Transactions to confirm that the transferer is the last person listed in AFS as the transferee of the firearm being transferred.

This is also assuming that the firearm being transferred is legal to possess and transfer in CA.

Take that for what it is.

Last edited by RoundEye; 08-28-2019 at 1:25 PM..
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Old 08-28-2019, 1:22 PM
BONECUTTER BONECUTTER is offline
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Quote:
Originally Posted by RoundEye View Post
I know that when some have had a love one pass they've had no issue transferring firearms that were inherited without updating any registration info via OPLAW or otherwise. They just go into the FFL present there ID, and sign the DROS as the seller.

When processing a PPT, the CADOJ doesn't care who the owner is, only that the firearm has not reported stolen, or believed to have been used in crime. To my knowledge, they never check the AFS List of Transactions to confirm that the transferer is the last person listed in AFS as the transferee of the firearm being transferred.

This is also assuming that the firearm being transferred is legal to possess and transfer in CA.

Take that for what it is.
I think the OP needs to make a decision:

A. Do he want to follow the law and cross T's and dot I's.
B. Not, and risk any possible legal ramifications.

Though the chances are slim, I'm still not going to advise anyone break the law.
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  #9  
Old 08-28-2019, 7:41 PM
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tenpercentfirearms tenpercentfirearms is offline
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The legal answer is you can't sell it. The practical answer is no one gives a damn who the seller is and a dealer only will if you talk to much during the PPT. You can spend your life following what the State of California wants or you can start doing what is practical while realizing no one cares except people on Calguns and people who think they always need to follow the law.
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  #10  
Old 08-30-2019, 3:32 PM
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Eddy's Shooting Sports Eddy's Shooting Sports is offline
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Quote:
Originally Posted by tenpercentfirearms View Post
The legal answer is you can't sell it. The practical answer is no one gives a damn who the seller is and a dealer only will if you talk to much during the PPT. You can spend your life following what the State of California wants or you can start doing what is practical while realizing no one cares except people on Calguns and people who think they always need to follow the law.
This ^^^


It is very common for the seller to not be the last owner of record. I have never once had DOJ come back and question who the seller was. They only seem to care about the seller if the buyer is denied.
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