Private Party Transfer Without Documentation

[cwelch7]

My father in law recently passed away. We need to sell his firearm collection. Most of the guns are 50 years old or more. He doesn't appear to have any documents for these guns, no bill of sale or anything. I have done private party transactions myself through FFL's. Is there any additional steps that need to be taken?

[Garv]

Sorry for your loss.

PPT by the current owner is fine, old documentation not needed.

There are exceptions for estate type sales I believe but generally 5 handgun PPTs per year is the limit so you may want to do multiple guns in each transaction.

Someone with inheritance rules handy should chime in soon.

[cwelch7]

Thanks for your help, and quick reply

[JVtater]

My father in law recently passed away. We need to sell his firearm collection. Most of the guns are 50 years old or more. He doesn't appear to have any documents for these guns, no bill of sale or anything. I have done private party transactions myself through FFL's. Is there any additional steps that need to be taken?

What state are you in ?

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[Garv]

What state are you in ?

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Unless he has moved recently, CA.

[JVtater]

Ooh. One of the communist States. If in California. But have some time. Wait for a gun show in Idaho. Take them there and sell them. Or Nevada. No paper work needed

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[SkyHawk]

There is an exemption to the transaction limit for liquidating inherited firearms within 60 days.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=26515.&lawCode=PEN

26515.
Section 26500 does not apply to the sale, lease, or transfer of a firearm if both of the following conditions are satisfied:
(a) The sale, lease, or transfer is made by a person who obtains title to the firearm by intestate succession or bequest, or as a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.
(b) The person disposes of the firearm within 60 days of receipt of the firearm.

Ooh. One of the communist States. If in California. But have some time. Wait for a gun show in Idaho. Take them there and sell them. Or Nevada. No paper work needed

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You're not helping. There is no need to do this, and every reason to keep them here - both to maximize their value to the estate and benefit future CA gun owners.

And it is illegal for residents of different states to do a 'no paperwork needed' transfer. Since 1968 a FFL is required for such transactions, regardless of what state the transfer occurs in. So stop giving bad advice, you're advising someone to commit a federal felony in violation of 18 USC 922(a)(5).

[cwelch7]

California

[Quiet]

Ooh. One of the communist States. If in California. But have some time. Wait for a gun show in Idaho. Take them there and sell them. Or Nevada. No paper work needed

What you posted violates Federal laws that have been in effect for over 48 years.

Doing any of what you said makes everyone involved commit multiple Federal felonies. [18 USC 922 (a)(3)&(5)]

[JVtater]

How so. I know that there's a lot of people that do it. And as far as I know are done legally

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[CSACANNONEER]

Ooh. One of the communist States. If in California. But have some time. Wait for a gun show in Idaho. Take them there and sell them. Or Nevada. No paper work needed

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Wow, what an ignorant post. Well, either you're ignorant regarding Federal firearms laws or you are promoting people breaking them. Either way, please stop. You're only proving that you are not a knowledgeable or law abiding (maybe both) gun owner.

[SkyHawk]

How so. I know that there's a lot of people that do it. And as far as I know are done legally

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Don't quit your day job. It's legal if two people are both residents of the same state and the transfer does not conflict with state laws. It is not legal if the parties to the transaction reside in different states, irrespective of state laws. A person from CA cannot bring their guns to NV or ID and conduct a paperless transaction with a resident of any other state.

https://www.law.cornell.edu/uscode/text/18/922

(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

But hey, it's only 5 years in prison and a loss of your firearms rights forever. Peanuts, amiright?

https://www.law.cornell.edu/uscode/text/18/924

(a)(1)Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both.

[JVtater]

Wow, what an ignorant post. Well, either you're ignorant regarding Federal firearms laws or you are promoting people breaking them. Either way, please stop. You're only proving that you are not a knowledgeable or law abiding (maybe both) gun owner.

I'm very law abiding. But where I'm at paper work is not required on a used gun. Unless the seller has an ffl

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[CSACANNONEER]

How so. I know that there's a lot of people that do it. And as far as I know are done legally

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What do you mean "how so?" Quiet quoted the law. Did you bother to look it up and read it? If not, I suggest that you do. It is generally illegal for a resident of one state to sell a firearm to a resident of another state without the transfer going through a FFL in the receiver's state of residency. It's only been that way since 1968.

[18 USC 922 (a)(3)&(5)]

[CSACANNONEER]

I'm very law abiding. But where I'm at paper work is not required on a used gun. Unless the seller has an ffl

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You're wrong if the seller is not also a resident of your state. Yes, there are a few exceptions when it comes to long guns and certain states but not the majority of the country.