New Felon and PPT

[halifax]

So, a guy calls and says he wants to legally transfer a handgun that is registered to him to a friend. I tell him that he needs to come in with the buyer and do a PPT. He says "OK but I can't be around firearms because I was just convicted of a felony". The buyer already has possession of it. Now what?

I'm thinking I can have him fill out the DROS worksheet away from my business and do the PPT submittal with only the buyer present. Sound reasonable?

[tenpercentfirearms]

I think I remember talking about this before. It is legal for the buyer to bring it in and the seller to also come in and complete the PPT. You just need to explain to them both that if the buyer is denied, the firearm must be turned over to the PD if the seller is also denied. Your hands are tied on that matter.

No need to make it complicated, just process as normal.

[halifax]

I think I remember talking about this before. It is legal for the buyer to bring it in and the seller to also come in and complete the PPT. You just need to explain to them both that if the buyer is denied, the firearm must be turned over to the PD if the seller is also denied. Your hands are tied on that matter.

No need to make it complicated, just process as normal.

I think the seller is very afraid to have anything to do with firearms. I'm going to go ahead and have him fill out his part of the DROS worksheet, copy/scan his DL, and go ahead with it.

And, yes, I will explain the loss if the buyer is denied.

[kemasa]

You might want to transfer it as a normal dealer sale. Have the person "ship" it to you for the buyer, so that if the buyer is denied, you can then sell it. The fees would not be limited, but you could charge the same amount or not, as you so choose.

[allpoint]

So, a guy calls and says he wants to legally transfer a handgun that is registered to him to a friend. I tell him that he needs to come in with the buyer and do a PPT. He says "OK but I can't be around firearms because I was just convicted of a felony". The buyer already has possession of it. Now what?

I'm thinking I can have him fill out the DROS worksheet away from my business and do the PPT submittal with only the buyer present. Sound reasonable?

According to PC 12021 (a) In short states that felons cannot possess, have custody or control of a firearm, so just being around firearms to legally transfer out their name seems perfectly safe and legal, especially if the buyer carries it into your shop.

[halifax]

kemasa, I'll need to find out if it's rostered or not but that is an idea to toy with. Thanks

[halifax]

According to PC 12021 (a) In short states that felons cannot possess, have custody or control of a firearm, so just being around firearms to legally transfer out their name seems perfectly safe and legal, especially if the buyer carries it into your shop.

We'll see if he'll go for that but, like I said, he's just super paranoid right now.

[NYsteveZ]

Once someone is convicted, isnt there a window of time that they can legally turn in/sell firearms? Also, if the seller is super paranoid perhaps he can have someone bring in/handle the firearm and just do the paperwork himself.

[halifax]

Good feedback. Thanks guys

[Quiet]

Once someone is convicted, isnt there a window of time that they can legally turn in/sell firearms? Also, if the seller is super paranoid perhaps he can have someone bring in/handle the firearm and just do the paperwork himself.

The felon should have recieved paperwork from the Courts notifying them of this. [PC 29810]

What the felon can legally do.
1. Give power of attorney to sell the firearm(s) to a third party.
2. The third party, then has 30 days to transfer the firearm, during which the third party can conduct a PPT on behalf of the felon.

The felon and the third party will need to complete a Power of Attorney for Firearms Relinquishment, Sale or Disposal form and have it notorized.
After which, the third party can transfer the firearm for the felon.
I believe the CA FFL dealer will need to retain a copy of the form for their records.



Penal Code 29810
(a) For any person who is subject to Section 29800 or 29805, the court shall, at the time judgment is imposed, provide on a form supplied by the Department of Justice, a notice to the defendant prohibited by this chapter from owning, purchasing, receiving, possessing, or having under custody or control, any firearm. The notice shall inform the defendant of the prohibition regarding firearms and include a form to facilitate the transfer of firearms.
(b) Failure to provide the notice described in subdivision (a) shall not be a defense to a violation of this chapter.

[Mike Dettorre]

Very interesting post...

[Oceanbob]

We'll see if he'll go for that but, like I said, he's just super paranoid right now.

You can't blame him for being paranoid; get caught with a gun/ammo it's a mandatory 5 years. Even the Judge doesn't have a choice.

Heck ya...I would feel the same way..

EDIT..as usual Quiet has the solution..!

[halifax]

Interesting twist: The SO had the owner and me fill-out and notarize a POA. Although I am a dealer, she did that because that is the just the way she does it. No big deal except the backside clearly states:

4) Under no circumstances does completion of this form allow the designee to possess the firearm(s) beyond the 30 day period.

The rub is that two of the firearms are handguns and they both will be going to the same transferee. The 1-in-30 law will put me over the 30 day limit because I signed the POA under the conditions stated on the backside.

I guess a call to Ghost Busters is in order or maybe someone at DOJ can offer guidance.



AFTERTHOUGHT: Duh, PPT will be the way to go if I don't buy the handguns from the owner.

[kemasa]

I don't think it is really an issue since it says that you would have 30 days to take the firearm to a dealer to be sold or transferred. There is nothing that sales that the dealer has to sell or transfer the firearms within 30 days, although you are the one who signed it.