Buying firearms from Uncle

[doc66]

***Admins- please feel free to place in right forum***

My Uncle (not blood related- he is the uncle of my wife) is selling me some firearms that he got from his father who has since passed years ago.

How can I guy purchase from him? is it PPT? where we both go to the local GS and I DROS them?

What if my uncle never registered the firearms, am I able to still purchase from him? They are all used and in great condition, but I am assuming he never did any paperwork on them.

Regarding the DROS, (ive called a few stores and they all tell me something different) but do I need to DROS each one separately or can I put all (4) that im buying on the same DROS.

Lastly, one of them is a Franchi Spas 12. Can I purchase this or (based on what the local GS told me) it cant be purchased cause on the ban list. I have searched the CA DOJ site and found info on there but thought to ask if any of you knew info as well.

Thanks in advance.

[Bigtwin]

You would buy from him via PPT via an FFL just like you would a stranger. I have no knowledge of the spas 12.

[ARDude]

The Spas 12 is a listed assault weapon. It can not be owned by anyone in Ca, except for the person that registered it as a RAW way back when.

Your wife's uncle and you both need to be Ca residents, and meet at LGS to do the transfer. The other weapons must not be AW's or configured in an illegal way.

[Quiet]

Lastly, one of them is a Franchi Spas 12. Can I purchase this or (based on what the local GS told me) it cant be purchased cause on the ban list. I have searched the CA DOJ site and found info on there but thought to ask if any of you knew info as well.

The Franchi SPAS-12 is a make/model banned assault weapon. [PC 30510(c)(1)]

If it is a Registered Assault Weapon (RAW), then the owner can still legally possess it in CA.

If it is a RAW and the registered owner is deceased; then the executor of the estate must transfer it out-of-state or sell it to a CA FFL dealer with an assault weapons permit or surrender it to law enforcement for destruction or render it premanently inoperable (destroy it and provide certified proof of destruction).

If it is not a RAW, then nothing can be done to make it CA legal and mere possession is a felony.
^The only legal recourse is to have your lawyer arraign to have it surrendered for destruction in lieu of any criminal charges.

[cannon]

Hi Doc66,

1. The guns not being registered at all or not to your Uncle is not a problem at all. Just go to the gun store and transfer them. Millions of legal guns in Calif. are unregistered.

2. I believe you can put six on a DROS possibly more so no worries there.

3. Sorry, you cannot buy or have the Spas 12. He can sell it out of state.

The best to you and enjoy your new guns.

[Packy14]

Hi Doc66,

1. The guns not being registered at all or not to your Uncle is not a problem at all. Just go to the gun store and transfer them. Millions of legal guns in Calif. are unregistered.

2. I believe you can put six on a DROS possibly more so no worries there.

3. Sorry, you cannot buy or have the Spas 12. He can sell it out of state.

The best to you and enjoy your new guns.

From the sound of it the uncle has a unRAW... he cannot own or sell it.

[jtv3062]

The Franchi SPAS-12 is a make/model banned assault weapon. [PC 30510(c)(1)]

If it is a Registered Assault Weapon (RAW), then the owner can still legally possess it in CA.

If it is a RAW and the registered owner is deceased; then the executor of the estate must transfer it out-of-state or sell it to a CA FFL dealer with an assault weapons permit or surrender it to law enforcement for destruction or render it premanently inoperable (destroy it and provide certified proof of destruction).

If it is not a RAW, then nothing can be done to make it CA legal and mere possession is a felony.
^The only legal recourse is to have your lawyer arraign to have it surrendered for destruction in lieu of any criminal charges.

Sell it out of state, why would you suggest to have it destroyed?

[morrcarr67]

Sell it out of state, why would you suggest to have it destroyed?

To keep it legal.

If it was a RAW to someone other than the Uncle he can't legally keep it, can't legally sell it, can't legally transport it out of state.

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[edgerly779]

Have to be ca legal and if 1 handgun and 2 long guns can go n same dros. Get your firearm safety card.

[BagelBites]

To keep it legal.

If it was a RAW to someone other than the Uncle he can't legally keep it, can't legally sell it, can't legally transport it out of state.

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Not quite true if uncle inherited it.

30915.**

Any person who obtains title to an assault weapon registered under this article or that was possessed pursuant to subdivision (a) of Section 30630 by bequest or intestate succession shall, within 90 days, do one or more of the following:

(a)*Render the weapon permanently inoperable.

(b)*Sell the weapon to a licensed gun dealer.

(c)*Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.

(d)*Remove the weapon from this state.

[morrcarr67]

Not quite true if uncle inherited it.



30915.**



Any person who obtains title to an assault weapon registered under this article or that was possessed pursuant to subdivision (a) of Section 30630 by bequest or intestate succession shall, within 90 days, do one or more of the following:



(a)*Render the weapon permanently inoperable.



(b)*Sell the weapon to a licensed gun dealer.



(c)*Obtain a permit from the Department of Justice in the same manner as specified in Article 3 (commencing with Section 32650) of Chapter 6.



(d)*Remove the weapon from this state.

True.

But the person who died did so more than 90 days ago.

At least that is what was said in the OP.

So since the 90 days has passed he can't legally keep it, can't legally sell it, can't legally transport it out of the state.

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[edgerly779]

OP cannot take possession of AW so moot point.

[morrcarr67]

OP cannot take possession of AW so moot point.

Moot point for the OP. Not a moot point for the Uncle.

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[edgerly779]

This is about the OP not the uncle. My response was about OP. He asked for advise and got it. Get FSC meet uncle at FFL and dros those that are legal.Do not go to FFL to screwed up to know that all 3 can go on one 4473 and FFL cano only charge 10 bucks each for extra firearms.

[BigPimping]

The Spas12 is one of the most iconic weapons of the 1980s. It is a true legend and has been seen in so many motion pictures and television films. Destroying something like that would be barbaric. Transfer it out of state. Maybe to someone that you know. Have them keep it until you move out of state to free America. I wouldn't let that slip through my hands if I had any way to avoid it.