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FFL's Forum For open discussion between FFLs and polite questions for FFLs. |
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#1
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Transfer of guns from deceased person
Hi everyone – I am need of some solid advice on how to handle a gun transfers from a close friend of mine that recently passed away. I have looked over this site and have not found a clear approach on how to handle my situation. Apologies in advance if this gets too long, but I want to make sure I cover all the details, as I have not been able to get a clean answer from any of the FFL people that I have spoken with.
My friend passed away with out a will and his only heir is his daughter who is 22 and has had a 5150 hold within the last 3 years. I would like to take ownership of the guns and make it is as easy as possible for her and his ex-wife. I am very good friends with both of them. The guns include 2 pistols (.45 and 9mm) and California compliant ar-15 (fixed magazine). All guns were legally registered and held in California. It is my understanding that the daughter cannot take ownership of the guns via the BOF 4554A form due to a 5150 hold that she had within the last 5 years. Because of this I am not sure how to transfer the guns to ensure legal position with me. Would really appreciate the step by step details of what I would need to do to properly transfer the guns. |
#2
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Without a will here will be a probate. She must consult with attorney. She cannot be I same house as those firearms. Unless locked with her having no access. You have no standing in this matter now.
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#4
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Have her (the heir) give power of attorney to a non prohibited person for a transfer of the firearms. That person then does a PPT with you. The FFL does not need to know any of the details and it would be best to leave out all details. Just do a PPT like any other PPT.
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#6
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There is no check on the seller. BOF110 looks as good as any power of attorney form, and bonus that it is geared towards firearms and written by the state BOF.
Probate may or may not be a thing depending on the size of the estate. If it is a small estate then a full probate process is unnecessary. She should wait at least 40 days after the death though before transferring property. https://leginfo.legislature.ca.gov/f...er=3.&article= Quote:
Last edited by SkyHawk; 04-21-2019 at 6:43 PM.. |
#7
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I've purchased several Estate Guns from local auction houses and the auctioneer acts with a PoA and we do a PPT. Never had a problem....
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WITHOUT THE 2nd THERE WON'T BE A 1st...] Last edited by condor; 04-22-2019 at 8:09 AM.. |
#8
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Thanks all. There was no probate as the estate was way too small.
Since there is no check on the Seller, would there be any concern with her being the seller in a PPT since she is the proper heir? If so, then I will ask her to name a POA and then that person can act as the seller. Thanks everyone for the additional insights. |
#9
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#10
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As long as she doesn’t physically possess the firearms, she is fine! She can have another person bring in the guns to an FFL and meet them there to either do a consignment contract or PPT. We pick up guns all the time from LE dept’s for customers who are newly prohibited and have them come in to consign THEIR property. People who own firearms but are not allowed to possess them have every legal right to the monetary value of the firearms according to SCOTUS |
#11
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Until, you want to use that gun for your CCW and its not in the AFS so the local sheriff will not allow it until you register it, and then you go to do the Vol Reg on it and DOJ kicks it back because that transfer didn't go through a FFL so you are in my store pawning it and picking it up 10 days later so it will be registered to you......Oh yeah this just happened last week. My point is this, your transfers probably went through fine, but I've seen plenty where janky auction houses sell firearms and Eff it up royally.
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#12
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If you start from the beginning of the thread, you’ll see I never said she could not sell them, I said she could not possess them. I am very familiar with recent court decisions that allow prohibited persons to sell firearms. It sounds like you are saying the same thing, so not sure where I was wrong. Last edited by SkyHawk; 04-23-2019 at 7:57 PM.. |
#13
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A buyer and the guy swinging the gavel walk into an FFL and do a PPT. How would that not get registered under the buyer??? Is there some other "PPT" that auction houses in CA can do that I am not aware of?
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#14
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#16
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Call the FFL you are going to use in advance and ask them if they need the seller present to do a PPT or if the transfer can be done by someone with a BOF 110 Power of Attorney to be sure they do not want the seller present, even if she is not in possession of the firearms. This should all be done as part of a single PPT, though the FFL is allowed to charge an additional statutory fee for the second and third firearm.
I am not so certain you can still do this by permitting a person with a POA to take possession even for a lawful purpose, such as doing a PPT, given the limitations on 30 day transfers to family members. See PC 27880. Quote:
Last edited by Chewy65; 04-25-2019 at 1:47 AM.. |
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