CA FFL selling unregistered AW for a CA customer

[djbooya]

Is this legal?

http://gunbroker.com/Auction/ViewItem.asp?Item=116167589

The reason I ask is that I brought up a similar thread recently in regards to someone I know that still owns a Mak-90 and the general consensus was that it had to be destroyed or surrendered. How is the FFL in the above thread (which incidentally is the same guy that doesn't care what calguns.net says) able to sell the AW on behalf of another individual. It was my understanding that the current "owner" is dead and that the man who found it is not legally able to sell it. For the legal folks or other FFLs any ideas on how that dealer is doing what he is doing legally? I would assume even if he as an AW permit that the seller can't legally sell it to him or offer for consignment, no?

[OCArmory]

If the FFL is an assault weapons dealer and the son is the executor of the estate the can take it to him to be sold. I think there is a grace period for this but I am not sure how long. Maybe someone with more info will chime in soon

[PRODRIVE]

FFL is selling out of CA.....
i am sure this is legal sale

[ke6guj]

12280(i) Subdivision (a) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f) which is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter.
(j) Subdivisions (b) and (c) shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Section 12285 or that was possessed pursuant to paragraph (1) of subdivision (f), if the assault weapon or .50 BMG rifle is possessed at a place set forth in paragraph (1) of subdivision (c) of Section 12285 or as authorized by the probate court.

There's this in the code, that should cover the son temporarily taking legal possession of the AW long enough to transfer it to the AW dealer for sale.

There might be something in there I'm missing, need to read into it a little more.

edit: here's a little more:

Can I inherit and keep a registered assault weapon?

No. Pursuant to California Penal Code section 12285(b), any person who obtains title to a registered assault weapon by bequest or intestate succession shall, within 90 days, render the weapon permanently inoperable, sell the weapon to a licensed gun dealer who has a permit from the Department of Justice to purchase assault weapons, obtain a permit from the Department of Justice to possess assault weapons, or remove the weapon from this state.

[bigthaiboy]

It's the same FFL seller as in an earlier thread : http://www.calguns.net/calgunforum/s...d.php?t=132312
and

http://www.calguns.net/calgunforum/showthread.php?t=132189

He obviously includes his home state within the "usual suspects states".

[hybridatsun350]

I'd just cut the receiver according to BATFE specs, and build an OLL with my complete parts kit!

[shooterdave]

it's offlist why would you do that. if it's registerd can't you deregister it?

[Max-the-Silent]

He's courting disaster if he isn't a Ca. AW licensed dealer.

Didn't Iggy raid Frank Tabor for selling AW's out of state w/o an AW dealer license?

There are very few good legal options for someone in possession of a listed rifle, or a rifle that is featured qualified, that isn't registered.

[69Mach1]

He's also selling a Bushmaster lower. I hope he is an AW dealer, but I don't think so. The SAR 1 is not a named AW. Only an AW by feature- pistol grip. I hope it was really registered as an AW by his father.

[gazzavc]

Why not just make it dissapear. Might have to find it again someday ?

Once someone is dead, just plead ignorance to the whole thing. Sorry I don't know what happened to it? Maybe my dad sold it ??

I feel sorry for the poor bloke.

[shooterdave]

that's true it could be registered i don't know why he dosen't just take off the pistol grip. ignorance i guess. the dealer is courting trouble though.

[GM4spd]

FFL is selling out of CA.....
i am sure this is legal sale

You've got it right. Pete