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  #1  
Old 03-19-2019, 8:04 AM
RickT RickT is offline
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Default Intrafamilial transfer - prior ownership documentation?

Hi all. New here. I have a few guns obtained via intrafamilial transfer. My dad was a huge gun guy. Upon his death in 2011, he gave me a few of them. After a recent visit with my mom in Orange County, she suggested I take the rest of his guns. I don't want all of them, just a couple of his favorites. All the guns in my possession have the original receipts and DROS. One gun I'd like to take from my dad's collection has no paperwork - at least my mom and I cannot find it. Does this matter at all to the DOJ when I submit the request? Or is there an extra step needed before transacting the request online on CFARS?
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  #2  
Old 03-19-2019, 8:13 AM
shaocaholica shaocaholica is offline
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If your mom wants you to take all of them, why don’t you? What kind of son are you?
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  #3  
Old 03-19-2019, 9:39 AM
RickT RickT is offline
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Quote:
Originally Posted by shaocaholica View Post
If your mom wants you to take all of them, why don’t you? What kind of son are you?
We'll be selling what's left to help my mom out financially. She's retired on a fixed income.
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Old 03-19-2019, 9:50 AM
shaocaholica shaocaholica is offline
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Where are you located so we know where to find a bunch of collector pistols on consignment
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Old 03-19-2019, 1:07 PM
Chewy65 Chewy65 is offline
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The lack of a receipt is of no consequence.
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  #6  
Old 03-19-2019, 1:10 PM
pacrat pacrat is offline
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Pop passed in 2011. Firearms are now the legal property of his spouse. There is no statute requiring prior "paperwork", DROS, registration, etc.

Prior to the GCA 1968. There wasn't any legal requirement that firearms even be "serialized".

Here in Ca. prior to 1991. As it still is in most states. There was no legal requirement that sales of firearms between private citizens be documented at all.

File the appropriate intrafamilial transfer, pay the fee, and they are yours.

It would likely simplify the process for Mom. If you transfer them all to you. Then you could sell them via PPT to private individuals. She will get a higher return than using a FFL for a consignment sale. And wouldn't have to hassle with the sales paperwork.

Sorry for your loss.
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Old 03-19-2019, 2:42 PM
RickT RickT is offline
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Quote:
Originally Posted by pacrat View Post
Pop passed in 2011. Firearms are now the legal property of his spouse. There is no statute requiring prior "paperwork", DROS, registration, etc.

Prior to the GCA 1968. There wasn't any legal requirement that firearms even be "serialized".

Here in Ca. prior to 1991. As it still is in most states. There was no legal requirement that sales of firearms between private citizens be documented at all.

File the appropriate intrafamilial transfer, pay the fee, and they are yours.

It would likely simplify the process for Mom. If you transfer them all to you. Then you could sell them via PPT to private individuals. She will get a higher return than using a FFL for a consignment sale. And wouldn't have to hassle with the sales paperwork.

Sorry for your loss.
Thank you for your response. It was very helpful.
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Old 03-19-2019, 2:43 PM
RickT RickT is offline
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Quote:
Originally Posted by Chewy65 View Post
The lack of a receipt is of no consequence.
Thank you.
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  #9  
Old 03-19-2019, 3:04 PM
edgerly779 edgerly779 is offline
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When ready to sell put up on here.We will see she is not taken advantage of.
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  #10  
Old 03-19-2019, 8:04 PM
RickT RickT is offline
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Originally Posted by edgerly779 View Post
When ready to sell put up on here.We will see she is not taken advantage of.
That’s very kind of you. Thank you.
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  #11  
Old 03-19-2019, 8:07 PM
Big Nasty Big Nasty is offline
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Good luck with this.
Like a previous post said, put the ones you would sell here. I’m always interested in what people sell. Thanks
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Old 03-19-2019, 8:17 PM
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SonofWWIIDI SonofWWIIDI is offline
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I would let her give me all the guns, then sell what I didn’t want and give her the money. And maybe, since she’s on a fixed income, throw in a few more bucks for the stuff you do keep.

And, what kinda guns? Inquiring minds want to know buy.

Good luck.
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  #13  
Old 03-20-2019, 10:22 AM
Chewy65 Chewy65 is offline
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Keep in mind that an OPLAW is signed under penalty of perjury, asks when you took possession and from whom, and is only effective if filed within 30 days of taking possession.

There may also be a different outcome depending on whether your father's guns were given to you by will or intestacy, as opposed to being an intervivos gift.
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  #14  
Old 03-20-2019, 10:55 AM
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fiddletown fiddletown is offline
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Quote:
Originally Posted by RickT View Post
... After a recent visit with my mom in Orange County,...
You are a resident of California? Right? You don’t explicitly say that you are, and the advice so far assumes that you are.

If you are a California resident, you’re gotten good information here. If not, we’ll need to start over.
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  #15  
Old 03-21-2019, 6:17 AM
RickT RickT is offline
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Quote:
Originally Posted by fiddletown View Post
You are a resident of California? Right? You don’t explicitly say that you are, and the advice so far assumes that you are.

If you are a California resident, you’re gotten good information here. If not, we’ll need to start over.
Thanks for bringing this up. I’m from the Bay Area.
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