Handgun Transfer Question

[Mojamz]

Seeking advice from an FFL.

A while back my uncle gave me handgun however he passed away before we could transfer the gun to me via DROS/FFL.

Can I sell the handgun to a qualified individual through an FFL?

[acespawnshop]

Not trying to sound coldhearted but here's your answer.

The transfer between you and your uncle was already illegal. There's no way to undo that mistake, just go PPT it to whoever and hope you don't have a stolen gun or something on your hands. Good luck.

[Chewy65]

Besides violations of CA law, if you and your Uncle were residents of different states your failure to use an FFL was a felony under Federal law. Unless it's a really nice piece, you may want to turn it in at the next opportunity to get a couple hundred in groceries or whatever.

[Mojamz]

Thanks for the responses...the gun was purchased by my uncle brand new in California, I was with him when he made the purchase. I too, am a Cali resident.

[Mojamz]

If I PPT the gun to another person will there be issues since the gun is not registered to me? Again, the gun was purchased brand new by my uncle so it's a clean gun.

[ugimports]

Are you documenting some previous illegal transaction? Yes
Will you get caught for the above? Not likely.
Will there be issues when you PPT? Not likely
Are any of us responding lawyers or know 100%? Nope!

[Gryff]

Are you documenting some previous illegal transaction? Yes

I thought it wasn't in the law that you had to be the actual owner to PPT a gun to someone else (even though there are lots of reasons that is a bad idea).

[ugimports]

I thought it wasn't in the law that you had to be the actual owner to PPT a gun to someone else (even though there are lots of reasons that is a bad idea).

From the OP:

A while back my uncle gave me handgun however he passed away before we could transfer the gun to me via DROS/FFL.

That was the illegal transfer that is 'documented'. E.g., he doesn't have the correct paper trail to him.

It's not like he said he was bringing it in to sell for his ill uncle who gave him PoA or something. By him being the seller in the PPT he documents he had ownership at the time. Now, especially with our 30 day loaning laws, etc.. it would probably be document breaking that law as well. The time of "a while back" is vague though so we don't know if that was 12 days ago or 12 years ago, etc..

However, as I stated, are you likely to get caught? Probably not. I'm sure transactions like this happen daily in California from similar situations. Just like people speed everyday on the freeway.

[Gryff]

It's not like he said he was bringing it in to sell for his ill uncle who gave him PoA or something.

Not trying to bust your balls...just trying to understand the ins and outs of transfer law.

So, if he comes in and says that his uncle wants him to handle the PPT, but he doesn't have an actual power of attorney (which, to my understanding, is not required for a PPT), then there is no paper trail yet he is still acting within the law. Is this not correct?

[ugimports]

Not trying to bust your balls...just trying to understand the ins and outs of transfer law.

So, if he comes in and says that his uncle wants him to handle the PPT, but he doesn't have an actual power of attorney (which, to my understanding, is not required for a PPT), then there is no paper trail yet he is still acting within the law. Is this not correct?

Maybe, but I am not a lawyer so I'm not 100% sure.

[shootsocal_dave]

Firearms Ownership Report. Just list uncle. Most times the DOJ shrugs their shoulders and are just happy it is registered now. Not every situation is able to "fall into a lawful category" because CA state law is too matter of the fact.

[caliguy93]

The firearm belongs to your uncles estate. Whoever is executor of his estate has the power to legally transfer the firearm to whoever they are supposed to in his will. It sounds like it’s you.

As for the previous “uncle gave me” we can assume he didn’t give you physical custody and only symbolically gave it to you without actual delivery and planned to deliver the gun to you after a lawful transfer of course and just never got around to it.

[kemasa]

So, if he comes in and says that his uncle wants him to handle the PPT, but he doesn't have an actual power of attorney (which, to my understanding, is not required for a PPT), then there is no paper trail yet he is still acting within the law. Is this not correct?

CA law requires that transfers between people, with some exceptions, goes through a FFL, so he does not have the firearm legally.

A CA PPT is saying that you are selling the firearm. You can't do it for someone else legally. While you might not get caught, that does not make it legal.

A POA is required to sell a firearm for someone, look at the CA DOJ web site for the form.

If he claims that he is the owner and sells it as a CA PPT, then there is a paper trail.

[edgerly779]

f your uncle is alive have him do ppt to you to be legal then you sell. He need nothing but ca id.

[kemasa]

f your uncle is alive have him do ppt to you to be legal then you sell. He need nothing but ca id.

Per the OP, he's dead Jim.