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Power of Attorney for Firearms

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  • ladiver
    Member
    • Nov 2011
    • 261

    Power of Attorney for Firearms

    Does an executor of an estate, or someone named on the Power of Attorney form (BOF 110) need to have a Firearms Safety Certificate? If that person does have the FSC, can they transfer the firearm to themselves on a DROS?

    What would the process be for DROS since either the executor or PoA are not the owner. Would they place their info in as the seller and buyer, or would there be a different form for transferring the firearms?
  • #2
    Condorguns
    Still lost in the desert
    CGN Contributor - Lifetime
    • Dec 2007
    • 3302

    Originally posted by ladiver
    Does an executor of an estate, or someone named on the Power of Attorney form (BOF 110) need to have a Firearms Safety Certificate? If that person does have the FSC, can they transfer the firearm to themselves on a DROS?

    What would the process be for DROS since either the executor or PoA are not the owner. Would they place their info in as the seller and buyer, or would there be a different form for transferring the firearms?

    The executor would not need a FSC to transfer the firearms. They would need one if they want to transfer them to themselves.

    The transfer would not be DROSED but instead you would use this form and send it into the state.http://oag.ca.gov/sites/all/files/ag...rms/oplaw.pdf?
    You, you, and you: Panic. The rest of you, come with me.
    Incoming fire has the right of way.

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    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30241

      The person acting as the Executor of the Estate does not need a FSC, in order to take possession of the Estate's firearms and dispose of them in an official capacity. However, in order to take personal ownership of any of the Estate's firearms, that person needs a FSC. [PC 31700(b)(1)]

      In order for the Executor of the Estate to take personal ownership of the Estate's firearms, that person needs to submit a Report of Operation of Law or Intra-Familial Firearm Transaction within 30 days of taking personal ownership of the firearms.



      Penal Code 31700
      (b) The following persons who take title or possession of a firearm by operation of law in a representative capacity, until or unless they transfer title ownership of the firearm to themselves in a personal capacity, are exempted from the firearm safety certificate requirement in subdivision (a) of Section 31615:
      (1) The executor or administrator of an estate.
      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).

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      • #4
        ladiver
        Member
        • Nov 2011
        • 261

        Thank you very much for your responses. This makes it pretty clear how the process can be completed fairly easily.

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