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  • farmerjoe
    Senior Member
    • Nov 2008
    • 1014

    Firearms Tranfer Question

    A friend of mine passed away and in his will he left me several firearms, a mix of rifles and pistols. Additionally, he left several to a friend of his who lives in Colorado. I'm not sure about the legalities of transferring them to the other gentleman. We're at a standoff right now, as he's baulking at the idea of doing any paperwork and I won't release them to him until it's done.Should I just ship them from one FFL dealer to another? Or is it more complicated then that? Thanks in advance.
    Don't know your California Legislators Number?

    http://findyourrep.legislature.ca.gov
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by farmerjoe
    A friend of mine passed away and in his will he left me several firearms, a mix of rifles and pistols. Additionally, he left several to a friend of his who lives in Colorado. I'm not sure about the legalities of transferring them to the other gentleman. We're at a standoff right now, as he's baulking at the idea of doing any paperwork and I won't release them to him until it's done.Should I just ship them from one FFL dealer to another? Or is it more complicated then that? Thanks in advance.
    The executor of your friend's estate can ship bequethed firearms directly to the friend in CO without needing to use an FFL to facilitate the transfer. So, if you are the executor, there is is no paperwork needed for you to give him the firearms. But, I'd ask myself why he's balking at the idea of paperwork, if it is just because he is , that's one thing, but if he is prohibited from possessing firearms and "can't" do paperwork, thats different.

    Now, if the executor gave you the firearms and you are now passing them on to the CO guy, that federal exemption may not apply to you.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      farmerjoe
      Senior Member
      • Nov 2008
      • 1014

      Thanks, The executor of the will passed them along to me to deal with, as she doesn't have a safe and isn't familiar with firearms. So he's stuck like Chuck dealing with the paperwork. Good, as I didn't want to take any chances with liability if he's some how prohibited from owning/possessing them.
      Don't know your California Legislators Number?

      http://findyourrep.legislature.ca.gov

      Comment

      • #4
        Alex$
        Senior Member
        • Feb 2009
        • 1233

        Have you been storing the firearms safely for the executor who doesn't have a safe? That is, have you officially "taken possession" of them?

        If you are storing them it sounds like you could have the executor deal with the CO resident still.

        Just a question, I am not a lawyer, nor to I pretend to know that law.

        Comment

        • #5
          ke6guj
          Moderator
          CGN Contributor - Lifetime
          • Nov 2003
          • 23725

          Originally posted by farmerjoe
          Thanks, The executor of the will passed them along to me to deal with, as she doesn't have a safe and isn't familiar with firearms. So he's stuck like Chuck dealing with the paperwork. Good, as I didn't want to take any chances with liability if he's some how prohibited from owning/possessing them.
          if the CO friend was named in the will to get the firearm and the executor gave them to you, that could be a violation of the terms of the will. So, I hope that the executor gave the firearm to you to store for him while he determined the legal means to get it to the CO person. I would explain the law tothe executor and then return the firearm that you stored for the estate. At that point, the executor can execute the terms of the will and transfer the firearm to the CO person.
          Jack



          Do you want an AOW or C&R SBS/SBR in CA?

          No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

          Comment

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