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Inherited Firearm Question

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  • BLEVE
    Junior Member
    • Jan 2016
    • 10

    Inherited Firearm Question

    I searched and did not see anything close to this question so here goes.

    I have a friend who's sister passed and he is her only hier and trustee of her estate. Within her stuff he has discovered a firearm. He wants to dispose/sell it. Here is the problem, he had a felony many many years ago but it is still on his record. So technically he cannot possess the firearm. How can he sell it? BTW the weapon was acquired legally and is still on the CA Roster.

    Thanks for any info you can offer
  • #2
    edgerly779
    CGN/CGSSA Contributor
    CGN Contributor
    • Aug 2009
    • 19871

    he can designate an individual to handle sale with power of attorney. He is not to be in possession of the firearm or ammo.

    Comment

    • #3
      Chewy65
      Calguns Addict
      • Dec 2013
      • 5041

      Originally posted by BLEVE
      I searched and did not see anything close to this question so here goes.

      I have a friend who's sister passed and he is her only hier and trustee of her estate. Within her stuff he has discovered a firearm. He wants to dispose/sell it. Here is the problem, he had a felony many many years ago but it is still on his record. So technically he cannot possess the firearm. How can he sell it? BTW the weapon was acquired legally and is still on the CA Roster.

      Thanks for any info you can offer
      He should consult a firearms attorney. The fact is that as a matter of law he in possession by virtue of his position as trustee, since he has the right to access and control the firearm. Besides, it sounds like he actually took possession. The power of attorney suggestion might fly if combined with irrevocable instructions for the bearer to sell the gun and not provide access to the trustee.

      Comment

      • #4
        freonr22
        I need a LIFE!!
        • Dec 2008
        • 12945

        sigpic
        Originally posted by dantodd
        We will win. We are right. We will never stop fighting.
        Originally posted by bwiese
        They don't believe it's possible, but then Alison didn't believe there'd be 350K - 400K OLLs in CA either.
        Originally posted by louisianagirl
        Our fate is ours alone to decide as long as we remain armed heavily enough to dictate it.

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