Estate sale and FFL question

[Quickdraw559]

My buddy went to an estate sale in Fresno last week. Fresno PD was present during the sale and there were several firearms for sale. He ended up buying one and took it home with him. There was no paperwork involved, ffl, or waiting period. He claims Fresno PD gave him the go-ahead.

What the **** is he talking about?

[SkyHawk]

Unless it was an antique, or it was C&R longgun and buddy had 03FFL + COE, then it was not a legal transfer.

Is this guy prone to making up stuff, or do you think it really went down this way?

[djflash]

^^ This ^^ Even in FPD gave the "go-ahead" it wouldn't be state legal.

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[TeddyBallgame]

do local PD's usually hang out at estate sales?

[Quickdraw559]

Unless it was an antique, or it was C&R longgun and buddy had 03FFL + COE, then it was not a legal transfer.

Is this guy prone to making up stuff, or do you think it really went down this way?

I wouldn't say he makes things up. He's more stupid than dishonest.

Definitely not an antique and definitely no 03 and cert. What I don't understand is the part about the police being there and watching the transfer. I mean, it is Fresno, but c'mon.

I don't know if he can return the firearm or not but I want to advise him to make things right ASAP. He's got a little girl and I don't want her to be without her stupid *** father while he's shackin' up with Bubba in the pen. What would his next step be? Rat himself out to CADOJ? Contact the seller for a "return?" Melt it and never speak of it again? I know bacon is an option but looking for more.

As for PD at estate sales, it was apparently stocked with "high end" items and they probably requested them to be there. I've never been to one so I'm not sure if it's normal or not.

[SkyHawk]

do local PD's usually hang out at estate sales?

I was wondering the same thing...

[Quickdraw559]

Now that I think about it, he mentioned something about operation of law but I'm not familiar with that term.

[ar15barrels]

Did they have him fill out one of these forms?

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

That would get the gun into AFS.

If not, he should fill one out and mail it in with the $19 to complete the transfer from the estate to himself.

[Quickdraw559]

Did they have him fill out one of these forms?

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

That would get the gun into AFS.

He said there was no paperwork but maybe he meant he didn't fill anything out. Like I said he's an idiot that has a hard time getting his point across. He did mention operation of law.

What is AFS?

[ar15barrels]

What is AFS?

CA's firearms registry.

[SkyHawk]

Even OPLAW wouldn't be legal in this scenario. Even if it was willed in writing by the deceased to the recipient by name, unless the recipient was direct family OPLAW would not work.

What should have happened is the executor of the estate does a PPT to the buyer, using a FFL, ten day wait etc.

What is AFS?

AFS = automated firearms system, aka the database of registered gun owners.

[ar15barrels]

Even OPLAW wouldn't be legal in this scenario.

Yeah.
The way it's usually done is that an FFL takes possession of all the guns and then the buyers do the transfer from the estate at the FFL.

After the fact, he could go find the person who is in charge of the estate and have them meet him at a dealer to do a PPT.
The person in charge of the estate has legal authority to liquidate the guns as part of the whole estate process.

If he can't find the person in charge of the estate, his next best thing to do is to vol-reg.

[Quickdraw559]

I guess I'll call him tomorrow and tell him to get this **** straightened out before I end up raising his kid.

He's a good guy but he sure is stupid.

[SkyHawk]

Yeah.
The way it's usually done is that an FFL takes possession of all the guns and then the buyers do the transfer from the estate at the FFL.

After the fact, he could go find the person who is in charge of the estate and have them meet him at a dealer to do a PPT.
The person in charge of the estate has legal authority to liquidate the guns as part of the whole estate process.

If he can't find the person in charge of the estate, his next best thing to do is to vol-reg.

I agree, find the executor and PPT. And worse case, vol-reg would be better than trying to fly under the radar. It would be interesting to know how it turns out if he tries it.

[ar15barrels]

vol-reg would be better than trying to fly under the radar.
It would be interesting to know how it turns out if he tries it.

He will get a letter back from DOJ showing the gun is now registered in his name.
They don't generally chase people who are simply trying to do the right thing.
It was the estate who broke the law FAR MORE than the buyer did.
It's not surprising that Fresno PD did not know any better either...