help with penal code info.

[newgun]

ok so i have a question. i have a friend who is an avid shooter and gun owner. however he is a diabetic. recently he had a low blood sugar that ended him in the hospital. this trip almost killed him. he was in a comma for a few days but now is back at home. he is a little slow and cant quite remember everything. his short term memory is really bad. i need to know if there is any penal code that will allow us to transfer the guns out of his name and into his wifes without his consent. any help on this matter would be appreciated.

[Unit74]

You are better off talking to an attorney before you act.

My guess is a judge will need to sign off on a conservitorship for him to do so.

[Librarian]

If your friend's doctor(s) concur that the situation is as you describe, I think Unit74 has it; it would more likely be Health and Safety Code than PC, and getting a sympathetic lawyer involved Right Now should be your next move.

[paradox]

Since California is a community property state, doesn't the wife already own the guns?

[7anthony7]

If I remember right, if something happens to him, the wife can sell the guns through an FFL no problem. This came up a few years ago and I called DOJ. For a deceased spouse they told me not to worry if the living spouse who the guns were not in her name sold them since she needed the money. I was not involved with the transfer, but you can always call DOJ.

[blakdawg]

You need the Probate Code, not the Penal code. Talk to a local attorney who handles trust/estate/elder law issues - it's not uncommon to want/need to transfer property out of the hands of an incapacitated person. Also, the level of capacity required to enter into a contract or to dispose of property isn't as great as many imagine.

[Unit74]

Now that I have thought about it, what is the motive here? If he dies it gets sorted out in probate and usually goes t the spouse unless the will reflects otherwise.

Is this some sort of gun grab attempt of the mans gun stash? I'm not too fond of the way the question comes across.

[Droc101]

Now that I have thought about it, what is the motive here? If he dies it gets sorted out in probate and usually goes t the spouse unless the will reflects otherwise.

Is this some sort of gun grab attempt of the mans gun stash? I'm not too fond of the way the question comes across.

This

[newgun]

thank you for all your help. the motive here is to keep everyone safe, and at the moment the owner is not able to handle a gun safely. the plan is to get all the guns into the wifes name and then when the son is 21 in about 9 months they will all go into his name. this is not a gun snatch to just sell. the whole family is involved in shooting and we are trying to prevent an accident. thank you everyone i appreciate the help.

[dieselpower]

thank you for all your help. the motive here is to keep everyone safe, and at the moment the owner is not able to handle a gun safely. the plan is to get all the guns into the wifes name and then when the son is 21 in about 9 months they will all go into his name. this is not a gun snatch to just sell. the whole family is involved in shooting and we are trying to prevent an accident. thank you everyone i appreciate the help.

The family (and you) don't trust the owner and he will not authorize the sale of HIS firearms. You are asking the court to declare him mentally unsound and a hazard to the public. Are you sure about this?

[Unit74]

He doesn't have to be 21in an intra family transfer.

[newgun]

how do you do the intra family transfer when he isnt 21.

[Oceanbob]

The son only needs to be 18 in California

how do you do the intra family transfer when he isnt 21.

Even for handguns. Long guns don't need any paperwork. (there is no rifle/shotgun registration in California)

In this situation all that is required for Handgun transfer is to print and fill out this form:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

NOTE:

fill it out like this on these 2 questions...Very important.

ACQUIRED FROM: write the fathers name

HOW POSSESSION WAS OBTAINED: Gift from Father.

In Part A at the top of the form, list the Son's information.

Part C is signed and dated by the Son. (as the owner of the handguns listed)

Notice that nothing on this form requires Dad to sign anything.

Good luck and Sorry for the Diabetes problem with Dad.

oh, the fee is $19 bucks......

[packnrat]

time to LAWYER UP.


all other input is not to be headed.





.

[Andy Taylor]

Even for handguns. Long guns don't need any paperwork. (there is no rifle/shotgun registration in California)

In this situation all that is required for Handgun transfer is to print and fill out this form:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

NOTE:

fill it out like this on these 2 questions...Very important.

ACQUIRED FROM: write the fathers name

HOW POSSESSION WAS OBTAINED: Gift from Father.

In Part A at the top of the form, list the Son's information.

Part C is signed and dated by the Son. (as the owner of the handguns listed)

Notice that nothing on this form requires Dad to sign anything.

Good luck and Sorry for the Diabetes problem with Dad.

oh, the fee is $19 bucks......

IANAL but I would think filling out this form without the father's consent, would amount to theft. CA is a comunity property state. Mom's name could be used in place of Dad's perhaps. You are talking about having the courts declare this man mentally unfit. Not something to be taken lightly.