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Help with transfer/registration.....?

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  • beauregard
    Senior Member
    • Jan 2007
    • 2117

    Help with transfer/registration.....?

    To make a long story short, I can potentially "inherit" a pistol that has never been registered, the original owner has been deceased for over 12 years. The pistol was originally purchased in CA in the late 80's early 90's and is not on the roster as best I can tell. Can I take it to my local FFL and have him register it in my name? If not, what are my options?
    Fools don't fit in the boots that I tread in.
  • #2
    bwiese
    I need a LIFE!!
    • Oct 2005
    • 27621

    • you need to be legit inheritor under relevant laws of state -
      esp if no will, that state's laws of intestate succession need
      to be followed (or the transfer is invalid). You just can't
      "grab" the gun.
    • Besides filing Voluntary Registration, I believe handgun receipt
      requires holding a valid HSC card (simple test + $25 fee at CA
      FFL)

    Bill Wiese
    San Jose, CA

    CGF Board Member / NRA Benefactor Life Member / CRPA life member
    sigpic
    No postings of mine here, unless otherwise specifically noted, are
    to be construed as formal or informal positions of the Calguns.Net
    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
    employer. No posts of mine on Calguns are to be construed as
    legal advice, which can only be given by a lawyer.

    Comment

    • #3
      Mssr. Eleganté
      Blue Blaze Irregular
      CGN Contributor - Lifetime
      • Oct 2005
      • 10401

      Originally posted by beauregard
      To make a long story short, I can potentially "inherit" a pistol that has never been registered, the original owner has been deceased for over 12 years. The pistol was originally purchased in CA in the late 80's early 90's and is not on the roster as best I can tell. Can I take it to my local FFL and have him register it in my name? If not, what are my options?
      Why did you put inherit in quotes? Who has owned the pistol for the last 12 years? If it's not you then normally you would need to do a PPT at a dealer with the current owner of the handgun. It does not matter that pistol isn't registered in the current owner's name. They can still do a PPT with you at an FFL.
      __________________

      "Knowledge is power... For REAL!" - Jack Austin

      Comment

      • #4
        beauregard
        Senior Member
        • Jan 2007
        • 2117

        Why did you put inherit in quotes? Who has owned the pistol for the last 12 years? If it's not you then normally you would need to do a PPT at a dealer with the current owner of the handgun. It does not matter that pistol isn't registered in the current owner's name. They can still do a PPT with you at an FFL.
        There is no clear legal owner, as he had no relatives and his wife (my aunt) has Alzheimers and lives in a private managed care facility.
        Fools don't fit in the boots that I tread in.

        Comment

        • #5
          Cokebottle
          Señor Member
          CGN Contributor - Lifetime
          • Oct 2009
          • 32373

          Originally posted by beauregard
          There is no clear legal owner, as he had no relatives and his wife (my aunt) has Alzheimers and lives in a private managed care facility.
          Then you aunt's conservator would normally have power of attorney and could execute the transfer.
          - Rich

          Originally posted by dantodd
          A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

          Comment

          • #6
            Connor P Price
            Senior Member
            • Jan 2009
            • 1897

            Originally posted by Cokebottle
            Then you aunt's conservator would normally have power of attorney and could execute the transfer.
            This is my understanding as well. She would have become the legal owner upon his passing.
            Originally posted by wildhawker
            Calguns Foundation: "Advancing your civil rights, and helping you win family bets, since 2008."

            -Brandon

            Comment

            • #7
              beauregard
              Senior Member
              • Jan 2007
              • 2117

              So as the guardian of the next of kin I am legally the next in the chain, and need to send in a voluntary registration form to the DOJ to take ownership, correct?
              Fools don't fit in the boots that I tread in.

              Comment

              • #8
                Moto4Fun
                Senior Member
                • Feb 2009
                • 965

                Along these same lines, I have a couple questions so can prepare for my own inheritance.

                My dad has a pile of guns, some of which he bought, some of which my grandfather bought, some of which my uncle bought. I have to assume these have been traded around the family with no formal paper work. SO when I get these guns,will there be a problem if my dad wasn't the purchaser of any particular gun if I try to sell it? Or register it?

                Do inheritence guns get transfered through an ffl from the deceased to the new owner?

                If my dad wants me to sell off any of his guns for him, does he have to be present at the PTP transfer?

                Comment

                • #9
                  Cokebottle
                  Señor Member
                  CGN Contributor - Lifetime
                  • Oct 2009
                  • 32373

                  Originally posted by Moto4Fun
                  Along these same lines, I have a couple questions so can prepare for my own inheritance.

                  My dad has a pile of guns, some of which he bought, some of which my grandfather bought, some of which my uncle bought. I have to assume these have been traded around the family with no formal paper work. SO when I get these guns,will there be a problem if my dad wasn't the purchaser of any particular gun if I try to sell it? Or register it?

                  Do inheritence guns get transfered through an ffl from the deceased to the new owner?

                  If my dad wants me to sell off any of his guns for him, does he have to be present at the PTP transfer?
                  Father to son is "Here ya go kid" for long guns. No paperwork or FFL needed.
                  Handguns require the operation of law, intrafamilial transfer (and $19). http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

                  This is similar to the VolReg, but is used when a handgun passes between direct blood-line relatives (brother/sister do not qualify).
                  Regardless of how your father came into possession (legally from his father, or illegally from his brother), you would be taking legal possession from him.

                  If he wants you to sell them for him, then they do need to go through an FFL. It's legal for the long guns. Handguns are "iffy", because if the buyer fails background, the dealer will have to re-DROS the gun back to the seller (you), which then puts it into your name.
                  - Rich

                  Originally posted by dantodd
                  A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                  Comment

                  • #10
                    Moto4Fun
                    Senior Member
                    • Feb 2009
                    • 965

                    Ha ha!! Sorry pops, the buyer was a criminal, gun's mine now!

                    Comment

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