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A quick question regarding transfer

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  • ChopperX
    Member
    • Oct 2009
    • 381

    A quick question regarding transfer

    Hey guys I have a quick question for you. My grandma passed away a few months ago and i am getting her smith and wesson Model 13-2 357 magnum. I am going to take my HSC soon so I can have it in my name but in the mean time I have a question regarding the intrafamiliar transfer form. Where it says Acquired from do I put my grandmas name or the executor of the estates name?

    I understand I have to take the HSC and get it before I can fill out the transfer form. Also another dumb question. I checked online on the roster and her gun is not listed as certified for sale. Is that list just for buying and not transferring?

    Hopefully i can get this answered thanks everyone.
  • #2
    five.five-six
    CGN Contributor
    • May 2006
    • 34855

    ppt's and ifts don't need to be on the roster

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    • #3
      ChopperX
      Member
      • Oct 2009
      • 381

      oh ok thanks and thanks for the quick reply. Much appreciated

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      • #4
        advocatusdiaboli
        Calguns Addict
        • Sep 2009
        • 5521

        ppt's and ifts don't need to be on the roster
        Not to nitpick, but to clarify. My understanding is that not all PPTs can involve off-roster pistols. Not talking about IFTs here. Only those PPTing an already Cal-registered pistol which means either: 1) a roster exempt person brought it into CA, registered it, and kept it for 30 days, 2) it's a pre-roster gun already registered.

        Maybe someone smart like the Librarian or Oaklander or other folks will chime in and correct me if I am wrong.

        In the OP's case, it's pre-roster and registered and he's good to go.
        Last edited by advocatusdiaboli; 06-02-2010, 2:37 PM.
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        • #5
          five.five-six
          CGN Contributor
          • May 2006
          • 34855

          Originally posted by advocatusdiaboli
          Only those PPTing an already Cal-registered pistol which means either: 1) a roster exempt person brought it into CA, registered it, and kept it for 30 days, 2) it's a pre-roster gun already registered
          that's correct... but gamma passed on a few months ago, so i doubt that applies

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          • #6
            ChopperX
            Member
            • Oct 2009
            • 381

            I am not sure if the handgun was ever registered as back then I am not familiar with the law. Its about a 40 year old gun.

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            • #7
              advocatusdiaboli
              Calguns Addict
              • Sep 2009
              • 5521

              I am not sure if the handgun was ever registered as back then I am not familiar with the law. Its about a 40 year old gun.
              Interesting. Common sense tells me to say firearms owned before registration requirements are automatically grandfathered in and Grandma's estate is her legal representative and is her proxy in ownership and so it's an IFT. But then this is California and firearms laws here make little sense most of the time and even when they do, they lean towards making owning and operating firearms difficult, expensive, and a crime for small deviations from strict, arcane, and purposely abstruse laws.
              Benefactor Life Member NRA, Life Member CRPA, CGN Contributor, US Army Veteran, Black Ribbon in Memoriam for the deceased 2nd Amendment
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              • #8
                ChopperX
                Member
                • Oct 2009
                • 381

                So if I register this gun and it happens to not be registered then does that mean the state will take it away when the IFT form is sent in or will I be ok and the gun gets registered and things move on?

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                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44652

                  PPT can be any gun not otherwise illegal - Taurus Judge and other CA-defined short barreled shotguns, 'assault weapons' etc. So, while it's one of the ways for in-CA transfers of off-roster handguns, it isn't restricted to that.

                  Hard to say if it went through CA-DROS forty years ago; if it did, and that was one of the records computerized, then DOJ will know who was the owner then, but transfers through dealers were first required by CA in 1991, so could have had multiple legal transfers (or illegal, for that matter) that CA-DOJ does not know about.

                  That being so, not having a previous registration record is not a 'red flag' and CA-DOJ is well aware. Having a record that does not agree with a seller's possession also is no problem, same reason, presuming the gun is not reported stolen.

                  I'd put Granny as the source, rather than the estate; the executor ordinarily does not hold things in the executor's name.
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                  • #10
                    ChopperX
                    Member
                    • Oct 2009
                    • 381

                    Ok thanks for the help in clarifying that. Good to know I am happy to be able use my grandmas gun. Time to get that HSC and then send that form in after. Thanks again to all that helped me. A+++

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