How does widow sell her husbands gun?

[senia]

Hello,

I have a question about California gun laws. Suppose a person who owned a handgun dies, and his wife doesn't have a California Firearms Certificate. She is not into guns and just wants to sell it to a friend. What is the right way to handle this?

Thank you very much!

[Sunday]

First contact his dear friends.

[senia]

I mean, can she sell it without transferring to her name?

[senia]

I mean, can she sell it without transferring to her name? She is the owner, just like with any other common property, but it is not registered in her name.

[AAShooter]

What is set up in the estate documents? Is she the executor and have the authority for settling the estate? Did it just transfer to her upon her husband's death?

[Dano3467]

^^^

[CAL.BAR]

Typically, just like dealing with bank accounts etc. all you need is a death cert. and will or other doc naming them executor of the estate. BTW THIS is why gun trusts are beneficial.

[edgerly779]

just sell it no proof of ownership required.

[shadow24]

If your going to sell it just have it transferred through a gun shop to the person buying it, it is your property even though it is not in your name, if you were to keep it the state wants it in your name, but they have no way of enforcing you to do so. I will give you an example of how efficient are system works. One of my wives registered handguns was with her mother, she had a stroke, her son which was a registered past felon and lives off her bleeding heart, took that and other firearms out of her room and locked them in his room, there was a confrontation between him & myself, cops were called, we explained he's a past felon he can't be around firearms, they said he denies it, we can't legally enter his room. Four years later he gets mad at my wife slashes tires on our cars and puts a concrete 8" rock through my daughters window. We catch him in the act as he rides off on a bike. The cops come, we tell him he may be armed with not just a knife, they bust him in his moms house, they still can't enter his room. He plea bargains and gets a misdemeanor and 3 years of something called court probation, not actual probation were a probation officer can check on him and enter his room if needed. We get a restraining order, he is ordered to hand over guns, he doesn't and still has them. So if a felon that spent 26 years in prison of his 53 years of wasted life is not actually forced to give up our property then I think you have no worries about owning the property of common marriage.

[I Swan]

First contact his dear friends.

Most times I see that happen the widow gets financially sodomized and the guns probably won't get legally transferred. Next worse is usually selling them outright to a gun shop. Small amount of guns usually best thing is consignment at a decent well rounded gun shop.

Beyond foolish to consign some sorts of guns to small mall ninja oriented shops. Large collections should go to larger more established auction houses with reserves for the more expensive guns and make sure auction has online bidding presence as well as a live audience for maximum exposure.

The average widow usually is not going to want to meet people for a large amount of PPT's.

[Librarian]

I mean, can she sell it without transferring to her name? She is the owner, just like with any other common property, but it is not registered in her name.

That is likely to be true after all is processed, but There Are Formalities.

As already noted, is there a will? Is it going to probate? Is that done, and is the property distribution determined?

Once the legal passage of ownership is affirmed, the person inheriting may dispose of the guns in several legal ways, commonly:
- transfer to a parent, child or grandchild using the OPLAW
- PPT to anyone at an FFL
- transfer to anyone out of state using an FFL in that state

So long as she might do that within 30 days of the property distribution, she need not transfer the guns to herself personally.

If things get complicated and further distribution is delayed to the 30 day mark, the person receiving the gun(s) should him/herself file the OPLAW form (or do the on-line version available at https://cfars.doj.ca.gov/crisHome!di...HomeAsGuest.do)