Older S&W

[JJ1911]

[SkyHawk]

The best thing to do if you are both CA residents, is for him to give you the gun. File the OPLAW form online and pay $19. Then you could do what you want with it including sell.

He could instead sign a power of attorney form, but that would require a notary. You don't need to file this form, just keep it for your records. But note you must sell within 30 days of the form being completed.

https://www.oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/poafirearmsdecl.pdf

[ysr_racer]

OP, you mean your gun that you got from your dad before 1990 when CA started requiring sales to go thru dealers?

That gun?

[sfe187]

^^^^^

[Jess B. Guy]

OP, you mean your gun that you got from your dad before 1990 when CA started requiring sales to go thru dealers?

That gun?

Yep.

[morrcarr67]

The best thing to do if you are both CA residents, is for him to give you the gun. File the OPLAW form online and pay $19. Then you could do what you want with it including sell.

He could instead sign a power of attorney form, but that would require a notary. You don't need to file this form, just keep it for your records. But note you must sell within 30 days of the form being completed.
https://www.oag.ca.gov/sites/all/fil...rearmsdecl.pdf

From what I understand that form can't be used in this situation. It is only for those who've been stripped of their right to own firearms.

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[SkyHawk]

From what I understand that form can't be used in this situation. It is only for those who've been stripped of their right to own firearms.

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If the gun were not going from father to son in the same state, that would be correct. There is an exemption to CA transfer laws between unrelated persons if one is relinquishing the guns for disposal due to becoming prohibited.

However a father can give a son a gun for 30 days if the son has FSC and both reside in CA, and no requirement for anyone to become prohibited. So the 'prohibited person' exemption is not needed.

In such a case, the power of attorney form just gives the son legal cover for selling the gun on behalf of the father while it has been loaned to the son. You could use the DOJ form or any POA form. These forms do not get filed, they are kept by the selling party for their records.

However this is only my opinion, and IANAL.

[morrcarr67]

If the gun were not going from father to son in the same state, that would be correct. There is an exemption to CA transfer laws between unrelated persons if one is relinquishing the guns for disposal due to becoming prohibited.

However a father can give a son a gun for 30 days if the son has FSC and both reside in CA, and no requirement for anyone to become prohibited. So the 'prohibited person' exemption is not needed.

In such a case, the power of attorney form just gives the son legal cover for selling the gun on behalf of the father while it has been loaned to the son. You could use the DOJ form or any POA form. These forms do not get filed, they are kept by the selling party for their records.

However this is only my opinion, and IANAL.

I agree with your thinking. Though like I said "this" form is not what he should use.

From page 1:

I understand that it is my legal responsibility to carry out one of the actions listed on the second page of this form.

From the second page:

this form is provided to individuals who are prohibited under the law from owning or possessing firearms

It should be a different POA form.

[TMB 1]

OP, you mean your gun that you got from your dad before 1990 when CA started requiring sales to go thru dealers?

That gun?

Thought it was 2014 or 15 when they started making direct blood line family members do transfers.

[ysr_racer]

Thought it was 2014 or 15 when they started making direct blood line family members do transfers.

Beats me, but I think prior to 1990 you could sell a gun to anybody without a dealer.

[newbutold]

OP, you mean your gun that you got from your dad before 1990 when CA started requiring sales to go thru dealers?

That gun?

This........I need to look in my basement.

[Subotai]

Laws don't matter OP!

Ok, just kidding....sorta....

[korn bwn]

What do you want for it & what exactly is it OL ?


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[Che762x39]

OP, you mean your gun that you got from your dad before 1990 when CA started requiring sales to go thru dealers?

That gun?

Yes that gun the S&W ...

[benjamin101677]