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  #1  
Old 01-14-2020, 7:03 AM
PackersForLife PackersForLife is offline
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Default Riverside, CA Transfer after divorce

Good morning Cal Gunners. So i'll try to keep this as short as I can. My ex wife and I had a pretty messy divorce back in 2009. She had a gun registered in her name but didn't want to take it when we split up so I ended up with it. Since the break up was so bad we both ended up getting new numbers and blocking each other on all social media platforms. Well time has passed and I have a way of contacting her now and we would like to get the gun transferred over to my name. Since she is re married and her last name is now different than that of what is on the gun is there anything special we will have to take with us when we go in to have it transferred? Any help would be appreciated. I don't want to have to go with her to the gun shop a second time because we did not bring the correct paperwork.

Thanks all
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  #2  
Old 01-14-2020, 7:17 AM
jeff.i.thomas jeff.i.thomas is offline
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Wouldn't that just be a standard PPT?

You both go to the FFL of choice and do the transfer like you were strangers.

Sent from my SM-N976V using Tapatalk
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  #3  
Old 01-14-2020, 8:45 AM
lordmorgul lordmorgul is online now
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Default Riverside, CA Transfer after divorce

She doesn’t have to prove ownership at the sale, nor does CA BOF care who sells a gun until a crime is reported... they take info of seller for record (mainly to know how many guns you are selling how often). CA BOF and ATF are interested in proof of buyer eligibility not seller ownership. If you sell a stolen gun they get interested.

If you don’t both have a RealID yet, then you need to know how to handle that with more info especially if it’s her with name change. Birth certificate and proof of residence docs like multiple utility bills.

Andrew - Lancaster, CA
NRA Life Member, CRPA member, Calguns.net contributor, CGF / SAF / FPC / CCRKBA / GOA / NAGR / NRA-ILA contributor, USCCA member - Support your defenders!

Last edited by lordmorgul; 01-14-2020 at 8:48 AM..
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  #4  
Old 01-14-2020, 8:46 AM
PackersForLife PackersForLife is offline
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Quote:
Originally Posted by jeff.i.thomas View Post
Wouldn't that just be a standard PPT?

You both go to the FFL of choice and do the transfer like you were strangers.

Sent from my SM-N976V using Tapatalk
That's what i'm guessing but since her last name has changed twice since the gun was registered to her I don't know if she needs to take extra paperwork to prove anything. I'm not even sure if she would still have that paperwork even if we needed it.
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  #5  
Old 01-14-2020, 8:24 PM
pacrat pacrat is offline
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Quote:
Good morning Cal Gunners. So i'll try to keep this as short as I can. My ex wife and I had a pretty messy divorce back in 2009. She had a gun registered in her name but didn't want to take it when we split up so I ended up with it.
OP,........ factually and legally. Only the bolded in the above quote is relevant.

Even if the original acquisition in 2009 "skirted" the transfer requirements at that time. The "STATUTE OF LIMITATIONS" for that questionable transfer is/was 3 years.

Unless she has reported the "gun" as stolen to LE.

All that is "required", now for you to register the gun to yourself, after possession of same for the last 11 or so years.

Is to file a "CaDOJ VOLREG" PAY $19 AND YOU ARE DONE.

https://oag.ca.gov/sites/all/files/a...rms/volreg.pdf
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Old 01-15-2020, 10:37 AM
PackersForLife PackersForLife is offline
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Quote:
Originally Posted by pacrat View Post
OP,........ factually and legally. Only the bolded in the above quote is relevant.

Even if the original acquisition in 2009 "skirted" the transfer requirements at that time. The "STATUTE OF LIMITATIONS" for that questionable transfer is/was 3 years.

Unless she has reported the "gun" as stolen to LE.

All that is "required", now for you to register the gun to yourself, after possession of same for the last 11 or so years.

Is to file a "CaDOJ VOLREG" PAY $19 AND YOU ARE DONE.

https://oag.ca.gov/sites/all/files/a...rms/volreg.pdf
Wow, thanks for the info on this. I will print that and check it out with my local gun shop. It would be so much nicer never to see her again.
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  #7  
Old 01-15-2020, 11:25 AM
Chewy65 Chewy65 is offline
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Quote:
Originally Posted by pacrat View Post
OP,........ factually and legally. Only the bolded in the above quote is relevant.

Even if the original acquisition in 2009 "skirted" the transfer requirements at that time. The "STATUTE OF LIMITATIONS" for that questionable transfer is/was 3 years.

Unless she has reported the "gun" as stolen to LE.

All that is "required", now for you to register the gun to yourself, after possession of same for the last 11 or so years.

Is to file a "CaDOJ VOLREG" PAY $19 AND YOU ARE DONE.

https://oag.ca.gov/sites/all/files/a...rms/volreg.pdf
Perhaps. Even if one may not be prosecuted for conduct beyond the period of limitations, I don't know that the DOJ has to register the firearm to a person when the transfer was in violation of law. You may also be opening a can of worms if the ex is brought into the picture and she takes umbrage at, to her mind, being made a criminal.
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This is neither legal advice nor a legal opinion.
Being on “inactive status” with the State Bar of California I cannot practice law. Were I "active", you would not be entitled to rely on my posts because you are not my client.
Were I practicing, an attorney client relationship could only be created in a writing by both the client and myself. Not by a post, private message, or email.
I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
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  #8  
Old 01-15-2020, 4:52 PM
pacrat pacrat is offline
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Quote:
Originally Posted by PackersForLife View Post
Wow, thanks for the info on this. I will print that and check it out with my local gun shop. It would be so much nicer never to see her again.
CalGuns posts are rife with piss poor and blatant ignorance in the form of legal advice coming from Counter Monkeys at FFLs.

Unless Ex reported it stolen.

VOLREG it and be done. No legal need for any contact with her. Or any appearance at a FFL for either of you.
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