Selling a gun my wife bought

[Saym14]

[BONECUTTER]

We are married and the gun is community property

Community property does not apply with guns that way.

it was purchased in her name

She is the owner of the firearm.

We are going to sell it

Since there is no "we" in ownership She could sell it though.

Can I act as the seller and fill out the paperwork

No, the firearm is hers

is there an option that she does the $19 transfer to my name? then I can sell it?

Yes, the firearm could be oplaw formed to you and they you sell it but it sounds like a hige waste of time/money.

Just find a buyer and you both go to do the PPT so she can sign the paperwork. Easy.

[Saym14]

If I mail in the oplaw form can I sell it immediately or do I have to wait And get some paperwork back?

You are right these California laws are a huge waste of time and money. If I was in Arizona it would have been sold yesterday

[BONECUTTER]

If I mail in the oplaw form can I sell it immediately or do I have to wait And get some paperwork back?

Not a good idea.

Say:
Mail form 8/27/19
Sell Gun 8/28/19
Buyer picks up and gun registered in AFS to them 9/7/19
DOJ trys to process your OPLAW 9/8/19 or later.....

Either:
A: They reject it cause your wife was the the last owner...according to AFS and your transfer may of not been legal.
B: They don't pay attention and register you as the new owner or that Make/Model/Serial firearm and if its used in a crime you mat have legal issues to worry about.

Just have your wife do the paperwork.

[Saym14]

Anyone know how long ittakes state to process the Oplaw form? Do they send me papers back?

[Saym14]

Anyone know how long ittakes state to process the Oplaw form? Do they send me papers back?

OK so I did a search and people say it took six weeks to four months to get paperwork Back. This state is f,d up

[RoundEye]

I know that when some have had a love one pass they've had no issue transferring firearms that were inherited without updating any registration info via OPLAW or otherwise. They just go into the FFL present their ID, and sign the DROS as the seller.

When processing a PPT, the CADOJ doesn't care who the owner is, only that the firearm has not reported stolen, or believed to have been used in crime. To my knowledge, they never check the AFS List of Transactions to confirm that the transferer is the last person listed in AFS as the transferee of the firearm being transferred.

This is also assuming that the firearm being transferred is legal to possess and transfer in CA.

Take that for what it is.

[BONECUTTER]

I know that when some have had a love one pass they've had no issue transferring firearms that were inherited without updating any registration info via OPLAW or otherwise. They just go into the FFL present there ID, and sign the DROS as the seller.

When processing a PPT, the CADOJ doesn't care who the owner is, only that the firearm has not reported stolen, or believed to have been used in crime. To my knowledge, they never check the AFS List of Transactions to confirm that the transferer is the last person listed in AFS as the transferee of the firearm being transferred.

This is also assuming that the firearm being transferred is legal to possess and transfer in CA.

Take that for what it is.

I think the OP needs to make a decision:

A. Do he want to follow the law and cross T's and dot I's.
B. Not, and risk any possible legal ramifications.

Though the chances are slim, I'm still not going to advise anyone break the law.

[tenpercentfirearms]

The legal answer is you can't sell it. The practical answer is no one gives a damn who the seller is and a dealer only will if you talk to much during the PPT. You can spend your life following what the State of California wants or you can start doing what is practical while realizing no one cares except people on Calguns and people who think they always need to follow the law.

[Eddy's Shooting Sports]

The legal answer is you can't sell it. The practical answer is no one gives a damn who the seller is and a dealer only will if you talk to much during the PPT. You can spend your life following what the State of California wants or you can start doing what is practical while realizing no one cares except people on Calguns and people who think they always need to follow the law.

This ^^^


It is very common for the seller to not be the last owner of record. I have never once had DOJ come back and question who the seller was. They only seem to care about the seller if the buyer is denied.