03 FFL holder had a stroke

[hermosabeach]

An acquaintance of mine had a stroke.

I believe they had their C&R/03 license as they were always buying old firearms and having ammo delivered in Los Angeles


I heard they had a stroke and I mentioned to their kid that I think they had an FFL and I was not sure if the guns are now able to be sold via an FFL in CA or if any log book entries were needed.


Are the firearms purchased by an 03 the same as any other gun or are they owned by the entity as inventory?



Any guidance or reference material would be appreciated

[sbo80]

the 03 isn't relevant here. In CA the 03 has special rules for buying, but there's no effect on selling. There's no CA law that cares if a seller does or does not have an 03. If he's still alive, probably need a power of attorney, or something like that, to sell off his property if that's what the family wants to do. (though technically, neither an 01FFL, or a personal 03 purchaser, actually would know if one is in place, the transfer will complete either way). The 03 doesn't have any bearing on any of that, they are sold as any other firearm, following all the relevant CA rules. Once items are sold, if it was in his bound book, then there's a column for "dispositions", and it should be marked that it was sold, and to whom. That's all there is to that. That's technically what the Feds require, but also, I don't see the ATF coming after him in the future for not doing his book right, if he's basically an invalid. And there's a short window for that - once his license expires, (or, worst case, he expires), you can just throw the book away. There's no requirement to keep or maintain it, once the person no longer has a license. I'm not sure, but there might be a way to even "cancel" his license right away instead of waiting it out. If that could be done, then the book is completely irrelevant.

[hermosabeach]

Thanks

[Nardo1895]

I did this once for a lady who's brother was unable to care for himself. She did have Power of Attorney which I needed to accept the firearms from her rather than him. I think SBO80 is probably right, if a family member sold them direct to individuals (with transfers through a dealer), the transaction would probably go through. But signing the transfer forms without a POA is probably illegal since you're not the owner. It would also create problems if the buyer gets denied and the dealer has to do a Return to Owner.

One other thing to consider, these sales are subject to the "less than 6 transactions and no more than 50 guns per year" rules. A single transaction can include multiple guns provided they go to the same buyer at the same time, something that will be more difficult once PPT's are subject to the 1 firearm per 30 days rule.

If you go through a FFL to sell them, everything you turn over to the FFL should be considered one transaction.