selling late brothers guns

[dave1947]

I have a power of attorney and am selling his guns question is does each transaction count as him selling them or as me selling them? they can't really go after him as a dealer if more than 5 transaction in a year.

[Quiet]

I have a power of attorney and am selling his guns question is does each transaction count as him selling them or as me selling them? they can't really go after him as a dealer if more than 5 transaction in a year.

Under CA laws...

If you are the executor/administrator of the deceased's estate or acquired the firearms due to bequest, intestate succession, surviving spouse, or decedent's successor and dispose (transfer/sell/etc) of the deceased's firearms within 60 days, then they do not count towards anyone's infrequent transaction limits. [PC 26505(a) and 26515]

Firearms transferred after the 60 day period, count towards transferor's infrequent transaction limit.

[dave1947]

thank you

[Chewy65]

You said you are selling via a power of attorney. A POA means nothing after the death of the maker. It sounds like you are neither the executor not the administrator as either requires one to be apppointed by a court, so the issue is if you "acquired the firearms due to bequest, intestate succession, surviving spouse, or decedent's successor" assuming that Quiet quoted accurately and I suspect he has." If you are not the only heir under the laws of intestacy you might have a problem if family makes a fuss or if creditors are left being owed and come after you, which is usually doubtful unless we are talking a large estate. A handful of not particularly expensive guns isn't likely to be an issue.