Transfer of guns from deceased person

[Andrew_65]

[edgerly779]

Without a will here will be a probate. She must consult with attorney. She cannot be I same house as those firearms. Unless locked with her having no access. You have no standing in this matter now.

[Andrew_65]

Thanks... She is not in the same house as the guns.

Is there anyway in which his ex-wife could act as the seller in a PPT?

[SkyHawk]

Have her (the heir) give power of attorney to a non prohibited person for a transfer of the firearms. That person then does a PPT with you. The FFL does not need to know any of the details and it would be best to leave out all details. Just do a PPT like any other PPT.

[Andrew_65]

Is there any kind of check on the seller in a PPT or is it all about the buyer?

Would I use the BOF 110 form for the POA?

[SkyHawk]

There is no check on the seller. BOF110 looks as good as any power of attorney form, and bonus that it is geared towards firearms and written by the state BOF.

Probate may or may not be a thing depending on the size of the estate. If it is a small estate then a full probate process is unnecessary. She should wait at least 40 days after the death though before transferring property.

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&division=8.&title=&part=1.&chapter=3.&article=

13100. Excluding the property described in Section 13050, if the gross value of the decedent’s real and personal property in this state does not exceed one hundred fifty thousand dollars ($150,000) and if 40 days have elapsed since the death of the decedent, the successor of the decedent may, without procuring letters of administration or awaiting probate of the will, do any of the following with respect to one or more particular items of property:
(a) Collect any particular item of property that is money due the decedent.
(b) Receive any particular item of property that is tangible personal property of the decedent.
(c) Have any particular item of property that is evidence of a debt, obligation, interest, right, security, or chose in action belonging to the decedent transferred, whether or not secured by a lien on real property.

[condor]

I've purchased several Estate Guns from local auction houses and the auctioneer acts with a PoA and we do a PPT. Never had a problem....

[Andrew_65]

Thanks all. There was no probate as the estate was way too small.

Since there is no check on the Seller, would there be any concern with her being the seller in a PPT since she is the proper heir? If so, then I will ask her to name a POA and then that person can act as the seller.


Thanks everyone for the additional insights.

[SkyHawk]

Thanks all. There was no probate as the estate was way too small.

Since there is no check on the Seller, would there be any concern with her being the seller in a PPT since she is the proper heir? If so, then I will ask her to name a POA and then that person can act as the seller.


Thanks everyone for the additional insights.

Yeah, if she is a prohibited person she is laying down a paper trail for being in possession, and will also be on video at the gun store. I wouldn't go there if I was in her shoes.

[taperxz]

Yeah, if she is a prohibited person she is laying down a paper trail for being in possession, and will also be on video at the gun store. I wouldn't go there if I was in her shoes.

[acespawnshop]

I've purchased several Estate Guns from local auction houses and the auctioneer acts with a PoA and we do a PPT. Never had a problem....

Until, you want to use that gun for your CCW and its not in the AFS so the local sheriff will not allow it until you register it, and then you go to do the Vol Reg on it and DOJ kicks it back because that transfer didn't go through a FFL so you are in my store pawning it and picking it up 10 days later so it will be registered to you......Oh yeah this just happened last week. My point is this, your transfers probably went through fine, but I've seen plenty where janky auction houses sell firearms and Eff it up royally.

[SkyHawk]

Sorry, but you’re so wrong on this...

As long as she doesn’t physically possess the firearms, she is fine!

She can have another person bring in the guns to an FFL and meet them there to either do a consignment contract or PPT.

We pick up guns all the time from LE dept’s for customers who are newly prohibited and have them come in to consign THEIR property.

People who own firearms but are not allowed to possess them have every legal right to the monetary value of the firearms according to SCOTUS

Ok so that is exactly what I have been saying in this thread all along. Then he asked if he could skip the whole ‘have someone else bring them on her behalf’ bit and instead bring them in herself, and that is what I responded to when I said ‘no don’t do that’.

If you start from the beginning of the thread, you’ll see I never said she could not sell them, I said she could not possess them. I am very familiar with recent court decisions that allow prohibited persons to sell firearms. It sounds like you are saying the same thing, so not sure where I was wrong.

[G-forceJunkie]

A buyer and the guy swinging the gavel walk into an FFL and do a PPT. How would that not get registered under the buyer??? Is there some other "PPT" that auction houses in CA can do that I am not aware of?

Until, you want to use that gun for your CCW and its not in the AFS so the local sheriff will not allow it until you register it, and then you go to do the Vol Reg on it and DOJ kicks it back because that transfer didn't go through a FFL so you are in my store pawning it and picking it up 10 days later so it will be registered to you......Oh yeah this just happened last week. My point is this, your transfers probably went through fine, but I've seen plenty where janky auction houses sell firearms and Eff it up royally.

[taperxz]

Looks like I just read it differently

[Andrew_65]

Thanks everyone for all the advice.

Sounds like I will have another friend obtain the POA and then he can take the guns to the FFL and execute the PPT to me.