Consignment owner passed away

[efillc]

Depending on the Will the widow may not be the legal owner. Case in point - my mother was divorced and remarried to a widower. Each agreed to keep their finances and estates separate, both via a pre-nup and in their Wills.

After my mom passed away her second husband got nothing, which they had agreed to before marriage.

[MaHoTex]

You are an FFL! The answer is clear. Keep it, sell it, and keep all of the money. You need to get better at ripping people off. You must be a kitchen table guy and not a real brick and mortar store.

Oh! Oh! See, I knew it! You FFLS are all the same.

10%, you forgot to add your piece about the evil PPTers too. You know it would probably be the evil PPTer that would come in and want to look at the consignment. Darn them anyway.

[tenpercentfirearms]

DOJ was the one who said I had to turn it in, but since the conversation started with "UMMMMMMMMMMMM", naturally, I was suspicious!

Did you get their name? Did they state any penal code? That is just plain crazy. Turn it in? Like hell. Who would you even turn it in to?

[curvejunkie]

Did you get their name? Did they state any penal code? That is just plain crazy. Turn it in? Like hell. Who would you even turn it in to?

Local PD has no clue what to do either....

[tenpercentfirearms]

Local PD has no clue what to do either....

Just use common sense. Sell it for the widow. No one is going to come after you for it.

[mrdd]

Why should it need to be DROSed to her? As long as the widow is either the beneficiary or the executor, at most she just needs to file an oplaw form with the DOJ if it is a concealable firearm.

And if it is not a concealable firearm, she does not even need to file an oplaw.

PC 27915. Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if both of the following requirements are satisfied:

(a) The firearm is not a handgun.

(b) The person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

(c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

27920. Section 27545 does not apply to a person who takes title or possession of a handgun, and commencing January 1, 2014, any firearm, by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:

(a) If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (g), (i), or (j) of Section 16990, the person shall, within 30 days of taking possession, forward by prepaid mail or deliver in person to the Department of Justice, a report of information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question.

PC 16990. As used in any provision listed in subdivision (a) of Section 16585, the phrase includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm:

(a) The executor or administrator of an estate, if the estate includes a firearm.

(h) A firearm passing to a surviving spouse pursuant to Chapter 1 (commencing with Section 13500) of Part 2 of Division 8 of the Probate Code.

[kemasa]

You missed an important aspect, the firearm is on consignment at the FFL, which requires that a DROS be submitted in order to return the firearm. If the FFL sells the firearm, then it would not be returned and therefore the DROS would not be required.

http://oag.ca.gov/firearms/pubfaqs#13

13. How much is the Dealer's Record of Sale (DROS) fee?

The State's DROS fee is $19.00 which covers the costs of the background checks and transfer registry. There is also a required $1.00 Firearms Safety Testing fee and a $5.00 Safety and Enforcement fee. If the transaction being processed is a dealer sale, consignment return, or return from pawn, the dealer may impose other charges as long as this amount is clearly shown as a "dealer fee" and not misrepresented as a state fee. In the event of a private party transfer, the firearms dealer may additionally charge a fee of $10 per firearm transferred.

When settling on the purchase price of a firearm and before completing the transaction, you may want to ask the dealer to disclose and identify any and all fees he/she is charging to complete the transaction.

(PC Sections 12076, 12082, and 12806)

[mrdd]

OK, consignment returns require a DROS. But if she is serving as executor she can continue the consignment and sell it as the agent for the estate.

If she is the beneficiary, it gets more complicated because there is a change of ownership. Then it is up to the dealer whether they require a return and start a new consignment.