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  • crunchy
    Junior Member
    • Aug 2007
    • 32

    Handgun transfer legal question

    In a nutshell:

    Family friend widowed a few years back. Finds revolver buried in back of closet recently and wants it gone (nice 66-1 S&W 4".) Asks me to help her sell it or she's going to turn it in to PD for destruction.

    Widow refuses to do DOJ mail-in paperwork to put revolver into her own name. Refuses to do FTF transfer with potential buyers. Local gunshop refuses to buy outright or do consignment sale as revolver is not reg'd to widow. Nothing wrong with revolver's history (not stolen etc.) but she's being stubborn and crotchety. She has said she'd just give the thing to me but I don't think that's possible without a FTF DROS and I'd rather get her some much needed cash.

    My thought is the only legal way to avoid having her scrap the wheelgun is to ship to FFL for final disposition with a buyer, inside of CA or out.

    OK Calguns legal experts, am I on the right track, or am I smoking crack?

    Thanks for your input.
  • #2
    paul0660
    In Memoriam
    • Jul 2007
    • 15669

    It is hers already, because she is a surviving spouse. The gun does not have to be registered, the gun shop's attitude is incorrect.

    Bribe her with lunch and stop by the gun store on the way home for a PPT.
    *REMOVE THIS PART BEFORE POSTING*

    Comment

    • #3
      HowardW56
      Calguns Addict
      • Aug 2003
      • 5901

      Originally posted by paul0660
      It is hers already, because she is a surviving spouse. The gun does not have to be registered, the gun shop's attitude is incorrect.

      Bribe her with lunch and stop by the gun store on the way home for a PPT.

      sigpic

      Comment

      • #4
        Flintlock Tom
        Veteran Member
        • Feb 2007
        • 3353

        Go to your local transfer dealer, the one you use when buying a gun on-line. Tell him someone is shipping you a gun for transfer.
        Have the widow, or you do it for her, ship the gun to your transfer dealer, with a copy of her ID.
        Transfer to you just like an on-line sale. Pay outrageous fees.
        Done.
        "Everyone must determine for themselves what level of tyranny they are willing to tolerate.
        I let my CA residency expire in 2015."

        Comment

        • #5
          crunchy
          Junior Member
          • Aug 2007
          • 32

          Awesome, thanks for the advice everyone. I may put it up here in the classifieds.

          Comment

          • #6
            paul0660
            In Memoriam
            • Jul 2007
            • 15669

            Originally posted by Flintlock Tom
            Go to your local transfer dealer, the one you use when buying a gun on-line. Tell him someone is shipping you a gun for transfer.
            Have the widow, or you do it for her, ship the gun to your transfer dealer, with a copy of her ID.
            Transfer to you just like an on-line sale. Pay outrageous fees.
            Done.
            This is not a bad idea either. BTW, since you are personally known to the woman, she can lend it to you for 30 days. In that time, you can transport it to the FFL and start the more expensive transfer, vs. PPT, process. He will need a copy of her DL or other ID.
            *REMOVE THIS PART BEFORE POSTING*

            Comment

            • #7
              bwiese
              I need a LIFE!!
              • Oct 2005
              • 27621

              Originally posted by Flintlock Tom
              Go to your local transfer dealer, the one you use when buying a gun on-line. Tell him someone is shipping you a gun for transfer. Have the widow, or you do it for her, ship the gun to your transfer dealer, with a copy of her ID.
              Transfer to you just like an on-line sale. Pay outrageous fees.
              Done.

              Standard S&W Model 66 wheelguns are not Rostered, so a PPT or a lineal intrafamily xfer is required.

              So nice try, won't work (without extra work).

              PPTs require face to face meeting at FFL, with supplying party having some CA ID.

              [Now, she could run it as a consignment but she still has to go to FFL w/ID etc.]

              If shipping the non-Rostered handgun to another CA FFL, it's not sellable in California to another Californian except if it's converted to a dimensionally compliant 12133PC Roster-exempt single-action revolver.
              Last edited by bwiese; 12-21-2011, 12:40 PM.

              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

              • #8
                paul0660
                In Memoriam
                • Jul 2007
                • 15669

                wiese is right. My second idea won't work. PPT or nothing.........make it a nice lunch, and open the doors for her.
                *REMOVE THIS PART BEFORE POSTING*

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44627

                  [Meta-topic]

                  What is in the air this week?

                  This is the second thread today where someone thought to be jocular by suggesting an illegal act.

                  Like Caesar's wife, we have a reputation; we have to consistently learn, know, follow, and advise others to follow the laws as they are -- all the while planning and financing the campaign to get them changed for the better.

                  // Librarian
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #10
                    Decoligny
                    I need a LIFE!!
                    • Mar 2008
                    • 10615

                    Is there any CGN member in the area who is an FFL who would be willing to go to the widow's home with the OP in order to do the PPT? Not sure if this can be done legally, but if it can, it might be the answer.

                    OP can then sell the gun to someone else, and if he wishes for the widow to benefit from the proceeds of his sale of his gun, that is his business.
                    sigpic
                    If you haven't seen it with your own eyes,
                    or heard it with your own ears,
                    don't make it up with your small mind,
                    or spread it with your big mouth.

                    Comment

                    • #11
                      Quiet
                      retired Goon
                      • Mar 2007
                      • 30241

                      Originally posted by Decoligny
                      Is there any CGN member in the area who is an FFL who would be willing to go to the widow's home with the OP in order to do the PPT? Not sure if this can be done legally, but if it can, it might be the answer.
                      Per Federal laws, FFL dealers can only conduct transfers at their place of business or at a gun show.
                      sigpic

                      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                      Comment

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