Looking for advise as to how one would facilitate a transfer of a handgun under this situation. Asking this question for a couple of neighbors. Individual #1 owns handgun and lives in California. Individual #1 temporarily leaves California for a family emergency in another state. Individual #1 decides not to come back to California and is in the process of arranging to have property professionally moved to new state. Individual #1 wants to sell his handgun located in California to Individual #2 who is California resident. This is a situation where the seller and buyer are roommates, and friends of many years. What would be the best way to facilitate this given seller is no longer located in California, but gun is located in California, and seller would still be considered California resident as he has not taken steps to make move yet, physically, or legally, but does not plan on coming back to California. Hope my question is clear. Any help would be greatly appreciated!
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Handgun Transfer question?
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Clear enough.Looking for advise as to how one would facilitate a transfer of a handgun under this situation. Asking this question for a couple of neighbors.
Individual #1 owns handgun and lives in California. Individual #1 temporarily leaves California for a family emergency in another state.
Individual #1 decides not to come back to California and is in the process of arranging to have property professionally moved to new state.
Individual #1 wants to sell his handgun located in California to Individual #2 who is California resident. This is a situation where the seller and buyer are roommates, and friends of many years.
What would be the best way to facilitate this given seller is no longer located in California, but gun is located in California, and seller would still be considered California resident as he has not taken steps to make move yet, physically, or legally, but does not plan on coming back to California. Hope my question is clear. Any help would be greatly appreciated!
Dotting i's and crossing t's, the owner could either
(a) come back to CA to do a PPT transfer, or leave the gun with a willing FFL as a consignment - which he does not seem to want to do; or
(b) appoint an agent in CA to handle that sale; that would cost money to a lawyer in the new state to prepare something like a Limited Power of Attorney.
The follow on is always 'Well, since the seller is not checked on a Private Party Transfer, anyone could get away with selling. What's the harm, so long as the buyer is an eligible person, and the transfer properly uses the FFL? What are the odds of that being detected - what's the real risk?'
The meta-answer is at Calguns we advise people to do things 'by the book', and for different approaches from that, one should consult one's own attorney.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! -
As said, if the seller is not willing to come back, the options are limited. A FFL most likely will not do a consignment unless the person comes in.
A POA might work, but typically those have to be notarized. It might be possible to do that out of state.
One question comes to mind is how does he intend to move without coming back to move his stuff.Kemasa.
False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.
Don't tell someone to read the rules he wrote or tell him that he is wrong.
Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. HeinleinComment
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Look up poa on line print it out with id of seller go to notary pay the fee and send to your designee. I did it several years ago.Comment
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I PPT'd a pistol lower to a guy through turners not too long ago, and they checked my ID...The follow on is always 'Well, since the seller is not checked on a Private Party Transfer, anyone could get away with selling. What's the harm, so long as the buyer is an eligible person, and the transfer properly uses the FFL? What are the odds of that being detected - what's the real risk?'
Not saying all LGS's check or do not check, just throwing out my only PPT experience in this particular state.Comment
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Yes, they check your ID but, CA DOJ doesn't check to see if there is a "registered" owner or not and doesn't give a rat's azz as long as they have record of the most current pending transaction.NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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