Question about selling a handgun

[Wood]

Hi, my wife wants to sell a revolver that is registered to her, Is that some thing that i can handle for her? Can i make the sale and do the required paperwork, transfer,Or does she have to do all that? Thanks

[BannedinBritain]

Best to have her go down and have her ID swiped as the seller on the PPT. It really is only a couple minutes of her time and a signature and she's done.

[paul0660]

Same kind of question.......does the seller have to be the owner? I have a couple of scenarios in mind, but take for example a person in a care facility unable to leave the site.....can another person take their handgun to a FFL for a PPT? Would a power of attorney be necessary? (Not just a good idea, necessary.)

[BannedinBritain]

The seller in a private party transaction does not necessarily have to be the "owner" of the firearm. I should say there is nothing in the PC which declares the "seller" must be the "owner". But it's good practice to cover yourself legally. If you sell them, and for whatever reason someone comes along and says you had no right to sell them, you could wind up with a headache.

[Wood]

selling a handgun

Thanks for the replies,So far, It seems the seller does not need to be the owner. I would like to hear from some more people on this matter, Any experienced FFL dealers want to comment on this matter? thanks

[tenpercentfirearms]

Thanks for the replies,So far, It seems the seller does not need to be the owner. I would like to hear from some more people on this matter, Any experienced FFL dealers want to comment on this matter? thanks

It is better to consult a lawyer. As an FFL I could tell you whatever I want and it might not even be legal in the slightest.

The general idea is the owner is the one doing the PPT. If the buyer is denied, then they background check the owner to see if it can go back to them. Practically does the DOJ care? Probably not. However, it seems the general idea of this thread isn't what is legally correct, but what can people get away with.

PC 12082 will give you more details.

[kemasa]

If the "seller" is not the owner, then they do not have the right to sell the item. In CA there is only one owner as far as the state is concerned.

As Wes said, CA may not care and only concern is that the person acquiring the firearm is not disqualified from having a firearm. This does not make the sale legal. If the real owner comes up and says that the transfer was not authorized, perhaps reporting the firearm stolen (may not have known it was missing at the time of the transfer), etc. you could have a problem.

In this case, that might not happen, assuming that the wife really wants to sell it, but the owner is listed as the wife and therefore she should really be the one to do the transfer. While it is doubtful that the state would do anything, they could claim that the firearm was illegally transferred to the husband (proof could be a problem).