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  • Woodpecker035
    Junior Member
    • Jan 2021
    • 4

    New to guns legality question

    Sorry if this is the wrong place to ask this.

    Im able to buy a firearm and my friend Tim said he would sell me one of the guns that his uncle Bob (deceased after 2015 I believe) left behind. He left behind many and a Winchester 1300 defender is one he wants to sell off. There are potentially some problems.

    1. My friend is unsure who the gun is registered to, if anyone. He believes all the guns are registered to his father, his uncle's brother, since they came into his possession after Bob passed away.
    2. My friend's father lived in California when Bob passed, but hasnt lived in California for a few years now.
    3. For clarity: He and I live in California. The guns are in California. His uncle and father used to live in California. Uncle passed away here and his father moved out of California shortly after

    In either case of of his father having the guns registered, or not registered, under him, how do we go about getting to the situation where my friend Tim can sell me the Winchester 1300? Thanks for any help
    Last edited by Woodpecker035; 01-12-2021, 12:02 AM. Reason: forgot some words
  • #2
    CAL.BAR
    CGSSA OC Chapter Leader
    • Nov 2007
    • 5632

    PM sent for help.

    Comment

    • #3
      003
      Veteran Member
      • Jul 2010
      • 3436

      Where is your friend living and where do you live (States). Where is the gun in question?

      Comment

      • #4
        Oceanbob
        I need a LIFE!!
        • Jun 2010
        • 12720

        May the Bridges I burn light the way.

        Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

        Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).

        Comment

        • #5
          Woodpecker035
          Junior Member
          • Jan 2021
          • 4

          He and I live in California. The guns are in California. His uncle and father used to live in California. Uncle passed away here and his father moved shortly after

          Comment

          • #6
            Woodpecker035
            Junior Member
            • Jan 2021
            • 4

            Really? There wont be any problem when we go the gun dealer/FFL if the gun actually turns out to be registered under his father, or not registered at all?



            Originally posted by Oceanbob
            Your friend can sell it to you. You don’t have to have a gun registered to you or be the owner to sell it. The CDOJ doesn’t check on sellers at all. Your friend only needs a current DL or CID to be the seller.

            As the buyers you’ll need ID, proof of address, FSC card. Wait 10 days etc.

            Bob

            Comment

            • #7
              pacrat
              I need a LIFE!!
              • May 2014
              • 10280

              Originally posted by Woodpecker035
              Really? There wont be any problem when we go the gun dealer/FFL if the gun actually turns out to be registered under his father, or not registered at all?
              ^^^CORRECT^^^

              Technically it was a misdemeanor for friend to receive guns in 2015 from his Dad and not file an OPLAW form and pay $19 to DOJ.

              But 2015 was 5 yr ago. So that is now a moot point. Since the "Statute of Limitation of 3 yr" for that misdemeanor expired 2 yrs ago.

              As long as friend has a Ca DL or ID card issued by CaDMV. He can sell at his discretion. Without any criminal liability.

              EDIT TO ADD................WELCOME TO GALGUNS WOODPECKER
              Last edited by pacrat; 01-12-2021, 12:48 AM. Reason: adding welcome to OP

              Comment

              • #8
                cannon
                In Memoriam
                • Aug 2008
                • 8589

                Originally posted by Woodpecker035
                Really? There wont be any problem when we go the gun dealer/FFL if the gun actually turns out to be registered under his father, or not registered at all?
                Exactly.

                DOJ cares about the buyer. Not the seller. Go and buy your gun.
                ^^ Said by some lunatic on the internet

                Comment

                • #9
                  WartHog
                  Veteran Member
                  • Jan 2012
                  • 4639

                  And don't listen to advice from CAL.BAR...
                  Originally posted by Sierra57
                  Civil War 2.0 - If it comes to pass, the America-hating Leftists will have brought it upon themselves. I value Freedom more than their sorry lives and the form of Governance they espouse, which offers no Freedom and complete servitude to the State.
                  "We have four boxes with which to defend our Freedoms: the Soap box, the Ballot box, the Jury box, and the Cartridge box" - Ed Howdershelt

                  Comment

                  • #10
                    ScottsBad
                    Progressives Suck!
                    CGN Contributor - Lifetime
                    • May 2009
                    • 5610

                    Originally posted by sfarchitect
                    Don't listen to this tin foil hat wingnut OP. Cal.bar is an attorney. Unlike Warthog he is willing to both help and contribute something positive to this conversation.

                    Whereas Warthog here is another Calgunner that frequently posts, not to contribute anything to any conversation, rather just to crap on something or someone. As you can see he does not abide fact based reality/media.

                    I am not an attorney, but as I understand this, what is said above is correct OP. You are GTG. But do talk to cal.bar to be certain.

                    Oh, and welcome to CG! It won't take you tool long to figure out who has anything to contribute and who doesn't.
                    And remember, you can always trust progressive Biden supporters like sfarchitect because his judgement is so state of the art and unencumbered by worries about his hypocrite status

                    I don't feel safe with the lefty tards around here, I demand a safe space for real Americans. Shouldn't we take names and cancel lefties or give them the option to be re-educated.



                    OP, you're probably GTG, but remember this is an open forum. Sorry about the previous sarcasm.
                    Last edited by ScottsBad; 01-12-2021, 11:35 AM.
                    sigpicC'mon man, shouldn't we ban Democracks from Cal-Guns? Or at least send them to re-education camps.

                    Comment

                    • #11
                      edgerly779
                      CGN/CGSSA Contributor
                      CGN Contributor
                      • Aug 2009
                      • 19871

                      No requirement to prove ownership of firearm for seller. None of ffls business. I have done 50 dros and never was asked. Check with ffl on price of dros and whether appointment necessary and whether they release on undetermined do not use Turners.

                      Comment

                      • #12
                        Calif Hunter
                        Veteran Member
                        • Aug 2003
                        • 3279

                        The gun will be checked to verify it is not stolen. Other than that, the DOJ just wants to gun registered to the new owner. It is possible the gun has never been registered if the original purchase predates the requirement for long guns to be registered.

                        Comment

                        • #13
                          bugsy714
                          Senior Member
                          • Mar 2011
                          • 2418

                          That is a great gun


                          Dictated but not read, voice typing plus bad eyes equals typos
                          dictated but not read

                          Voice typing will butcher whatever I was trying to say

                          Comment

                          • #14
                            Woodpecker035
                            Junior Member
                            • Jan 2021
                            • 4

                            Originally posted by edgerly779
                            do not use Turners.
                            Why a no with Turners? Never been just curious

                            I called Cal Bar and he was helpful. I talked to my friend and he talked to his father, everything seems good so were just going to do the sale

                            Comment

                            • #15
                              Brother_Hesekiel
                              Senior Member
                              • Dec 2012
                              • 771

                              As has been mentioned before, the California DOJ is interested who owns that gun, in case it can be connected to a crime. That means they check out the buyer, not the seller. You do not have a problem at all.

                              Comment

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