Buying a gun from a dead guy

[felixthecat1]

Okay, so maybe my title isn't the most eloquent...

I searched the forums, and couldn't find anything about this in California, so I'm asking here... if this is the wrong section, admins : please move to the appropriate section.

So, a friend of mine just lost her father. She has no interest in weapons of any sort, and wants me to help her get rid of the guns. I wouldn't mind helping her, and I wouldn't mind picking up 1 or 2 of em (total of 4 owned) myself.


Trouble is, how do I transfer such an item into my name, without having the "seller" present?

Simple will stated everything was left to his wife and kids. The wife died several years ago though, th will was never updated.

Who is the current legal owner of the guns, and how does this work?

I'm sure other people have come across this situation before, right?

[doorman]

Ok its my understanding that the kids now own the guns. You can transfer guns from parents to children with no paper work. So you can buy the guns directly from her (the daughter) or whatever child has the guns.

Someone correct me if I'm wrong.

[CSACANNONEER]

Buying from dead people is great! They don't want much for their stuff and they don't ever say "no" to and offer.

Well, you can't really buy anything from someone who is dead. You can either buy it from the estate of whomever inherited it though.

[SenorJefe]

best post ever!!

Good luck on your acquisition!

[felixthecat1]

Ok its my understanding that the kids now own the guns. You can transfer guns from parents to children with no paper work. So you can buy the guns directly from her (the daughter) or whatever child has the guns.

Someone correct me if I'm wrong.

Thanks doorman, that sounds like a logical and reasonable understanding.

Buying from dead people is great! They don't want much for their stuff and they don't ever say "no" to and offer.

Well, you can't really buy anything from someone who is dead. You can either buy it from the estate of whomever inherited it though.

Well, Cannoneer, you kinda touched on the same idea that Doorman had, but ytour first ideas were wrong, the deceased's heir(ess) is not looking to give them away for free, but I'm sure that I won't be paying insane prices.

[geeknow]

...~rkt

Yeah...that is SUPER advice...


I think that the OP was asking a serious question. How 'bout we give him a serious answer?

How about a question for you....

If no one is there to see you when you do wrong, is it still wrong....?

[troysland]

Integrity: Doing the right thing when no one is looking. I, for one, am not casting any stones. He who be without fault...

[geeknow]

Felix,

It appears from what you posted, that the children are/are about to be the 'owners' of everything in the estate. The children (i assume they are adults) will need to either;

1. transfer the guns into their name and then ppt
or
2. as 'executors of the estate' they would be able to sell them off as such.

depends on the will situation...which you said was fairly simple and straightforward. That would indicate to me that there isnt an 'executor', and the guns will need to be 'intrafamilially transferred' into their name and then ppt'd.

but to be clear, the right thing to do is transfer them into your name.

take care,
g

[felixthecat1]

but to be clear, the right thing to do is transfer them into your name.

take care,
g

I never intended to not transfer them into my name if I keep them. My concerns were more about how to transfer into my name, if the owner is deceased. Am I to udnerstand from some of the replies that the guns are now the property of the daughter? (she's an only child) And she can now transfer them as she sees fit? Or does she first have to do paperwork to have them transferred to her name first, before she can transfer them to someone else?

[geeknow]

[QUOTE=felixthecat1;3814827]I never intended to not transfer them into my name if I keep them. QUOTE]


I know.

[Bird of Fire]

It was a serious answer! ...It is not illegal or wrong!

This is pretty much as wrong as one person can get.

OP - If firearms are long guns - go to a gun shop and do a PPT. Intra-familial transfers from father to daughter with long guns do not require registration. Her selling privately to you does require a PPT/10 day wait at an FFL unless the long guns are C&R.

If firearms are modern non blackpowder pistols:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Daughter fills that form out and sends it in with 19 bones, waits about 4-6 weeks, gets a letter back in the mail stating she is now the proper owner, and you guys then go to do a PPT with a FFL.

That help?

[felixthecat1]

This is pretty much as wrong as one person can get.

OP - If firearms are long guns - go to a gun shop and do a PPT. Intra-familial transfers from father to daughter with long guns do not require registration. Her selling privately to you does require a PPT/10 day wait at an FFL unless the long guns are C&R.

If firearms are modern non blackpowder pistols:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Daughter fills that form out and sends it in with 19 bones, waits about 4-6 weeks, gets a letter back in the mail stating she is now the proper owner, and you guys then go to do a PPT with a FFL.

That help?

Thanks Bird!

That sounds like one of the better answers so far. I know how the PPT process works, it was more the process of getting the guns from the deceased's name to the daughter's name that was concerning me, since he is not physically able to give consent, of course.

Thanks a bunch everyone so far, and I'd appreciate any more insight, better safe than sorry, and it helps me to know what you guys agree on, and what you don't. I'd hate for these guns to end up state property or some **** cuz of a paperwork/ processing error on my part.

[Bird of Fire]

Thanks Bird!

That sounds like one of the better answers so far. I know how the PPT process works, it was more the process of getting the guns from the deceased's name to the daughter's name that was concerning me, since he is not physically able to give consent, of course.

Thanks a bunch everyone so far, and I'd appreciate any more insight, better safe than sorry, and it helps me to know what you guys agree on, and what you don't. I'd hate for these guns to end up state property or some **** cuz of a paperwork/ processing error on my part.

Anytime, I had a buddy go through this recently about 6 months ago with a shotgun and a 1911 he acquired.

Guns can go up and down family trees, but not across. The rule of thumb is that *.modernpistol requires registration, long guns do not. You just have to know the exceptions to the rules. I'd actually look up the laws on the DoJ/BoF website, but uhhh... I'm lazy.

So....whatcha getting?!?!

[yelohamr]

In Chicago, dead people can vote. The dead in CA can't sell guns but their heirs can.

[felixthecat1]

Anytime, I had a buddy go through this recently about 6 months ago with a shotgun and a 1911 he acquired.

Guns can go up and down family trees, but not across. The rule of thumb is that *.modernpistol requires registration, long guns do not. You just have to know the exceptions to the rules. I'd actually look up the laws on the DoJ/BoF website, but uhhh... I'm lazy.

So....whatcha getting?!?!

Okay, so here's the haul,

Firestar m-43 9mm
Ruger Security Six .357 6' Stainless
browning hi-power 9mm
beretta 950 jetfire

all but the beretta are spoken for as of right now.

Thanks for everyone's support so far!