Unconfigured Ad Widget

Collapse

Collection Liquidation ? Transfer Uncertainties

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • CNAPPS
    Junior Member
    • Jan 2022
    • 2

    Collection Liquidation ? Transfer Uncertainties

    Please forgive me if this question has been asked elsewhere and already answered in whole or in part. I was not able to find any postings that pertain to my exact situation nor able to extrapolate from other answers. Please let me know if I should post in a different category.

    Background:

    * My wife inherited her father?s large collection of firearms when he passed. He was a resident of California. He had a standard (not gun specific) living trust that turned irrevocable when he died. All his assets were placed in the trust. The firearms however were not individually listed. There was also a spill over will with instructions that any assets not in the trust, to be transferred to the trust. My wife is the sole beneficiary, successor trustee and executor to the estate.

    * There are approximately 100 handguns and 25 long guns. All but maybe 15 of them are C&R. We plan to liquefy most of the collection and sell them each individually to obtain the most value. He was a big Colt fan.

    * I hold an FFL 03 + COE.

    * My wife does not hold an FSC.

    * My wife and I are both California residents.

    * None of the C&R?s have been registered to my wife or me. Not sure which ones if any were registered by her father. He was an FFL 03 holder. Pretty sure it was expired when he passed. He has a log, however, appears very incomplete.

    My questions relate to the transfer process:

    First scenario, assuming we sell online to someone out of state. We ship to the buyers FFL (or them directly if they are an FFL 01 \ FFL 03 if allowed in their state.)

    * Would my wife as an individual need to be the shipper or the trust? Would she need to supply her ID when sending?

    * Can she ship through my FedEx account (special firearms account) for her to avoid paying a dealer $100 fee? Sorry dealers, no offence. That?s the going rate in my area of SoCal.

    * If so, would I add the C&R?s to my logbook before doing so? If I do that, do we need to do intra-family transfer? If so, that?s obviously a lot of paperwork AND TIME I wish to avoid. A Curio or Relic Firearm Report does not seem appropriate either as that?s only if it?s obtained out of state.

    * As the successor trustee, could\should she write a letter stating that she is gifting all of them to me then I can take over the entire process?

    * I read that there is a 30-Day period to either dispose or register in her name. However, as they are in a trust, is that 30- days a moot point?

    * Am I thinking too much into this?

    At the end of the day, I want to be above board and not attempting to act as a dealer. As its an immediate family member (my wife), Im not sure if there are exemptions or anything I am not thinking of. She told me they are mine to deal with and wants to do the minimal amount possible in liquidating them.

    Thank you in advance for your assistance.
    Last edited by CNAPPS; 01-16-2024, 11:26 AM. Reason: Format issue.
  • #2
    Maltese Falcon
    Ordo Militaris Templi
    CGN Contributor
    • Feb 2009
    • 6752

    I saw some posts where folks have to move a large amount of firearms, there are options for an auction house to take possession, conduct the bidding, vet buyers, etc., the whole nine yards. I actually placed a bid on one I saw, Let me see If I can find the post.

    Good luck.

    EDIT: Here you go. https://www.calguns.net/calgunforum/...on+consignment



    .
    Last edited by Maltese Falcon; 01-16-2024, 12:03 PM.

    Comment

    • #3
      SVT-40
      I need a LIFE!!
      • Jan 2008
      • 12907

      Since you are a holder of a C&R FFL if you are involved in the transfer of any C&R firearm you will need to enter them in your book as being acquired then disposed of. If you are shipping them, you are acquiring them and disposing them.
      Last edited by SVT-40; 01-16-2024, 12:21 PM.
      Poke'm with a stick!


      Originally posted by fiddletown
      What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

      Comment

      • #4
        bigbossman
        I need a LIFE!!
        • Dec 2012
        • 11255

        While I do appreciate trying to get the highest dollar amount from the collection, I believe that the complexities of your situation really do call for liquidation through an auction service such as Lock, Stock, and Barrel. The reality is that to derive maximum return for these firearms, you will be spending a considerable amount of time and effort cataloging, taking pictures, listing, answering endless questions, packaging, and shipping. It just won't be worth the hassle, and 20% to the auction company for doing all that for you would be well worth it. Or so it seems to me.

        Also - a lot of FFL's around the country balk at receiving firearms from private individuals, although your 03 might help in that regards.

        In addition - if you have a cataloged list (or can get one together), we do have a "for sale" sub-forum here that might get you what you want. I (for one) would love to see what you are trying to sell. For example, I collect old Winchesters, live in Idaho, and have an 03 FFL. Dealing directly with folks like me here would help you realize your goals with the most minimum effort.
        Always looking for vintage Winchester and Marlin lever action rifles. Looking to sell? Know of one for sale? Drop me a line!

        "Give a conservative a pile of bricks and you get a beautiful city. Give a leftist a city and you get a pile of bricks."

        Comment

        • #5
          joefrank64k
          @ the Dark End of the Bar
          CGN Contributor - Lifetime
          • Mar 2009
          • 10124

          With that many, I'd take them to (or have them pickup) Lock, Stock, and Barrel in Simi Valley:





          You'd be amazed at what they get on their GunBroker auctions. Easy-peasy process. They will either buy them outright, or take them and list them for you, then send you a check with the proceeds.



          They run auctions every two weeks.
          You will never, in your life, have a chance like this again.
          If I were you, I would not pass this up. I would not let this go by...this is rare.
          Come on...what harm??

          joefrank64k 251/251 100% iTrader?

          Comment

          • #6
            Spyder
            CGN Contributor
            • Mar 2008
            • 17228

            Location and list please. I'm a buyer.

            Comment

            • #7
              bigbossman
              I need a LIFE!!
              • Dec 2012
              • 11255

              Originally posted by Spyder
              Location and list please. I'm a buyer.
              Yeah - pretty much all of us are.
              Always looking for vintage Winchester and Marlin lever action rifles. Looking to sell? Know of one for sale? Drop me a line!

              "Give a conservative a pile of bricks and you get a beautiful city. Give a leftist a city and you get a pile of bricks."

              Comment

              • #8
                edgerly779
                CGN/CGSSA Contributor
                CGN Contributor
                • Aug 2009
                • 19871

                All must be ca legal and if any raws then no sale in ca. Auction may be smoothest way to sell.
                Last edited by edgerly779; 01-16-2024, 2:46 PM.

                Comment

                • #9
                  Quiet
                  retired Goon
                  • Mar 2007
                  • 30242

                  Under CA laws...

                  While the administrator/executor of a deceased's estate is in possession of the estate's firearms and they are actively disposing them, then they are not required to submit an Report of Operation of Law Transaction to CA DOJ.
                  Depending on the type of firearm and/or Court actions involved with the estate, the admin/executor of the estate has 60-90 days to dispose of the estate's firearms and any firearm retain after that 60-90 day window, must be reported to CA DOJ via Report of Operation of Law Transaction [PC 27920].

                  A person who is not a CA FFL dealer is legally limited by the amount of firearm transactions (sales) they can legally conduct within a calendar year. [PC 26520]

                  The limits are: [PC 16730]
                  1. Less than six transaction within a calendar year and each transaction can be for any amount of firearms. [PC 16730(a)(1),(b)]
                  2. No more than 50 firearms per calendar year. [PC 16730(a)(2)]

                  All non-exempt transfers within CA must be done through a CA FFL dealer. [PC 27545]
                  ^These sales will count towards the limits.

                  Within CA, C&R long guns being transferred to a person with a valid C&R 03-FFL and valid COE is exempt from needing to be transferred through a CA FFL dealer. [PC 27966]
                  ^The person acquiring the C&R long gun is responsible for reporting the transfer to CA DOJ.
                  ~It is unknown if these transfers count towards the limits.

                  A person who acquires possession of firearms due to inheritance or being a surviving spouse or being a trustee and sells those firearms within 60 days of acquisition is exempt from the limits. [PC 26515]
                  ^Sales within the 60 day window do not count towards a person's limits and sales after the 60 day window count towards that person's limits.

                  A person with a valid C&R 03-FFL and valid COE, that sells C&R firearms to a CA FFL dealer is exempt from the limits. [PC 26585]
                  Last edited by Quiet; 01-16-2024, 3:05 PM.
                  sigpic

                  "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                  Comment

                  • #10
                    Spaffo
                    Senior Member
                    • Nov 2013
                    • 1350

                    Gunslingers auction is also an option.

                    Comment

                    • #11
                      CNAPPS
                      Junior Member
                      • Jan 2022
                      • 2

                      For clarity, does the limit of 5 transfers per year only apply to private party transactions (in person) for California residents? i.e. The state can't restrict me on selling firearms to residents outside of the state. I sell to a buyer in Florida and ship to their FFL.

                      Comment

                      • #12
                        foxtrotuniformlima
                        Veteran Member
                        • Nov 2008
                        • 3461

                        Originally posted by CNAPPS
                        For clarity, does the limit of 5 transfers per year only apply to private party transactions (in person) for California residents? i.e. The state can't restrict me on selling firearms to residents outside of the state. I sell to a buyer in Florida and ship to their FFL.
                        PC 16730 does not differentiate between in state and out of state.

                        An no disrespect, but the State restricts how much water you are allowed to flush with, what makes you think they can't restrict anything else ?
                        Anyone press will hear the fat lady sing.

                        Originally posted by Vin Scully
                        Don't be sad that it's over. Smile because it happened.
                        Originally posted by William James
                        I cannot allow your ignorance, however great, to take precedence over my knowledge, however small.
                        Originally posted by BigPimping
                        When you reach the plateau, there's always going to be those that try to drag you down. Just keep up the game, collect the scratch, and ignore those who seek to drag you down to their level.
                        .

                        Comment

                        • #13
                          mdr110
                          Member
                          • Aug 2022
                          • 147

                          Originally posted by CNAPPS
                          * Am I thinking too much into this?
                          Bingo!

                          You appears you know what you're doing, don't over think it.

                          PS. Try unload locally one by one, then the out of state route, last to auction players unless you need money so badly.
                          Feedback/iTrader: https://www.calguns.net/calgunforum/...8#post28174608

                          Comment

                          • #14
                            Nardo1895
                            Senior Member
                            • Jun 2016
                            • 965

                            My 2 cents - take it for what its worth.

                            I asked my DOJ rep if the "no more than 5 transactions" rule applies to C&R holders. Her reply was "Yes it does". DOJ reps can be wrong. Note that selling/transferring any number of firearms at the same time to the same buyer is one transaction. The 50 gun (not transactions) per year limit also applies.

                            You could probably sell out of state and DOJ would be none the wiser. But that doesn't mean its legal. Worth the risk?

                            Using your C&R to dispose of someone else's collection is a violation of the rules governing a C&R license. The ability to buy and sell with a C&R is to improve your collection. You'd be acting as dealer by selling a collection and using your C&R license.

                            I'm a dealer and have done this a number of times. But when I get anything high dollar I have the owner send it to LSB in Simi Valley. I had a Colt on consignment that I knew was a $4000 gun, but I struggled to get any interest when I listed it at $3500. I had the owner send it to LSB and they got $4600 for it. They charge a higher commission than I do but the owner was money ahead. Its hard to get noticed on GB when you're a small time seller. I've instructed my wife and kids to send my collection to them when I'm done on this side of the grass.

                            I'm sure there are others out there as good as LSB, but LSB is the only one I have personal experience with. I'm pretty sure their commission is 20% which isn't bad when you consider GB's is about 5%.

                            You should also understand the premium that selling in CA can bring. When I listed that Colt with LSB they wanted to make sure it came from the seller (not from me as a dealer) so they could sell it in CA even though it was off roster. They said even if a CA bidder doesn't win, they will drive up the price. Maybe less of an issue with C&Rs as they are all CA legal, but my sense was the CA market generally drive up prices.

                            As an FFL, I'd want a copy of the trust and your wife's CDL if you were selling locally. Not sure what other FFLs would require. Lack of a FSC would be ok unless I had to do a return to owner in which case she would need a FSC.

                            I'm not certain how to handle your idea of having her gift them to you but I think that would work. That is a question you should ask whoever you select as the FFL to do the final transfer to the buyer.

                            I've never been asked for my ID when shipping a firearm. I have heard that UPS and FedEx won't accept handgun shipments from non-dealer but I'm not certain of that.

                            Comment

                            • #15
                              Maltese Falcon
                              Ordo Militaris Templi
                              CGN Contributor
                              • Feb 2009
                              • 6752

                              Originally posted by Nardo1895
                              I've instructed my wife and kids to send my collection to them when I'm done on this side of the grass.
                              I've always worried what happens when the phone call you weren't expecting from God comes that you must take. Thanks, a sound plan.

                              .

                              Comment

                              Working...
                              UA-8071174-1