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I would suggest you look for an FFL that does estates. They will be a great help. Glad to hear you are helping your friend. I had a family member that did this task for another relative and could have really used some help. I didn't find out until after the fact. Oh well. -
Contact the DOJ. Most likely they will tell you the law isn't intended to stop people from liquidating an estate.
Your friend will lose about half the possible proceeds by selling to an FFL or out of state, so there is a lot of money on the table to be earned simply by listing locally and selling face to face.Comment
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The cheap long guns are just that, cheap and probably not worth the effort. If you can find an estate buyer or dealer to give you more than 50 cents on the dollar, I'd take it.
As a retail FFL that does consignments, I'd offer a buyout of the long guns I could resell, and skip the consignment of handguns under $300 value.
As far as magic number of PPT's allowed, I'm not aware of one ever being established in law. Plenty of conjecture, but never seen an actual definition of law.Comment
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You haven't looked at the California Penal Code then.
Handguns: Maximum 5 PPTs as seller (multiple handguns may be sold on one PPT)
Long guns: PPTs cannot be done frequently on a regular basisComment
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Penal Code 1673016730.
(a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, “infrequent” means:
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without regularity.
(b) As used in Section 27900, the term “infrequent” shall not be construed to prohibit different local chapters of the same nonprofit corporation from conducting auctions or similar events, provided the individual local chapter conducts the auctions or similar events infrequently. It is the intent of the Legislature that different local chapters, representing different localities, be entitled to invoke the exemption created by Section 27900, notwithstanding the frequency with which other chapters of the same nonprofit corporation may conduct auctions or similar events.
(c) As used in this section, “transaction” means a single sale, lease, or transfer of any number of handguns.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
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PC26520 says you are exempt from needing a dealers license if you do it infrequently, as defined above by Librarian.
But there is also another exemption to a 'dealing without a license' charge, PC26515 - and it does not specify any limits, as you would expect when liquidating an estate:
The surviving spouse should be exempt from the sales limit if she sells them within 60 days. Presumably, she would have to be the one to do the PPTs though.26515.
Section 26500 does not apply to the sale, lease, or transfer
of a firearm if both of the following conditions are satisfied:
(a) The sale, lease, or transfer is made by a person who obtains
title to the firearm by intestate succession or bequest, or as a
surviving spouse pursuant to Chapter 1 (commencing with Section
13500) of Part 2 of Division 8 of the Probate Code.
(b) The person disposes of the firearm within 60 days of receipt
of the firearm.Last edited by SkyHawk; 07-24-2016, 8:19 PM.Comment
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