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  • thedaringdragoon
    Junior Member
    • Mar 2011
    • 14

    Private Party Transfer Question

    Not sure if this is the right place for this (please move if not).
    But a friend's father pass away recently and he had a fair collection of firearms. Neither she nor her mother or sister want any of the firearms and she asked me I wanted them, of course I said yes. My question is, what would she need before we go to an FFL to be able to legally transfer the firearms to me?

    Thanks
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44682

    Presuming the deceased and surviving spouse live in California ...

    First, the estate must be settled and the actual owner of the firearms must be determined through that process.

    Let's say the deceased had a will, and left everything to his wife.

    She should file the OPLAW form with $19, and list all the firearms.

    Then she can PPT the whole lot (less any 'CA assault weapons', which cannot be transferred inside CA except to a dealer with the correct 'aw' license) to whomever via PPT.

    There's no need for her to bring any docs or discuss the inheritance with the FFL; she's just the owner, as anyone else would be when selling a firearm.
    Last edited by Librarian; 04-04-2016, 11:27 AM.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      4x4Trooper
      CGN/CGSSA Contributor
      CGN Contributor
      • Mar 2009
      • 533

      Originally posted by Librarian
      Presuming the deceased and surviving spouse live in California ...

      First, the estate must be settled and the actual owner of the firearms must be determined through that process.

      Let's say the deceased had a will, and left everything to his wife.

      She should file the OPLAW form with $19, and list all the firearms.

      Then she can PPT the whole lot (less any 'CA assault weapons', which cannot be transferred inside CA except to a dealer with the correct 'aw' license) to whomever via PPT.

      There's no need for her to bring any docs or discuss the inheritance with the FFL; she's just the owner, as anyone else would be when selling a firearm.
      Would any red flags be thrown by the DOJ if the firearms are transferred before the OPLAW is received/processed by them? If not at the time of transfer, what about if the OPLAW is received/processed after the transfer is complete? What if the OPLAW is lost in the mail or by the DOJ?

      Would any of these questions have different answers with an old unregistered handgun or a not so old unregistered long gun?

      Comment

      • #4
        alfred1222
        Calguns Addict
        • Jan 2010
        • 7331

        From when i working in a gun shop in California, we used to tell people to just do the transfer. IIRC, the DOJ checks the buyer, not the seller. So she can PPT all of the guns to you in one shot. But again, laws have changed, i could be wrong.
        Originally posted by Kestryll
        This guy is a complete and total idiot.
        /thread.

        ΦΑ

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44682

          Originally posted by 4x4Trooper
          Would any red flags be thrown by the DOJ if the firearms are transferred before the OPLAW is received/processed by them? If not at the time of transfer, what about if the OPLAW is received/processed after the transfer is complete? What if the OPLAW is lost in the mail or by the DOJ?

          Would any of these questions have different answers with an old unregistered handgun or a not so old unregistered long gun?
          'Neatness' suggests waiting for the acknowledgement before selling, because ownership might get a bit scrambled elsewise. A few weeks to a few months is the elapsed time.

          No, answers the same for all non-'assault weapon' (or non-AOW or non-SBS or non-SBR or non-fully automatic) guns and conditions. 'Reported stolen' will toss in a monkey wrench; no reason to expect that here.
          Last edited by Librarian; 04-04-2016, 6:07 PM.
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

          Comment

          • #6
            thedaringdragoon
            Junior Member
            • Mar 2011
            • 14

            thanks for the tips

            Comment

            • #7
              ESPONDA
              Member
              • Mar 2012
              • 366

              Can you go with her to Reno gun show and sell the "assault weapons" there to guy in Nevada, at least she would make some coin since cannot be transferred to next of kin here in CA right?
              ...it's for the kids...

              Comment

              • #8
                M1NM
                Calguns Addict
                • Oct 2011
                • 7966

                CA is a community property state. She co-owned the guns with her husband. Without a will she becomes sole owner on his death. If there is a will just make sure none of the guns are left to any of the kids or friends. The only monkey wrench I can see is if the DOJ finds guns registered to John Doe being sold by Jane Doe. An oddball would be if she was a prohibited person she couldn't file the OPLAW for herself. She'd also need a safety certificate to file it.

                Comment

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