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  • ladiver
    Member
    • Nov 2011
    • 261

    Transfer question

    A relative of mine has just been notified of a restraining order. According to all paperwork I have seen, he can not be in possession of firearms. Can I be in possession of his firearms? Can he legally transfer them to me? If the PD takes them, can he have them given to me (if he is charged with a crime)? If I take possession of them, can I return them to him if he is not convicted of anything and the order expires?

    I also read that he could sell them to an FFL. Can that FFL in turn just sell it back to me for the purchase price (plus a minor fee, of course)?

    Thanks for the "get what you pay for" advice.
  • #2
    halifax
    Veteran Member
    • Oct 2005
    • 4440

    As an FFL, I've purchased such firearm collections for $1 before. After the smoke cleared I sold them back for 1$ and a transfer fee.

    If you take possession be sure to use this POA and do not keep them for more than 30 days.

    Transfer Procedure: The notification form allows a prohibited person to transfer a firearm(s) to a designated person who is not firearms prohibited. For the purpose of this transfer the designee is exempt from the Basic Firearm Safety Certificate requirement. The designee taking temporary possession of the firearm(s) has thirty (30) days from the date the notification form is completed to transfer the firearm(s) in a manner prescribed as follows:

    • Sell the firearm to a California licensed firearm dealer;
    • Sell or transfer the firearm(s) to another person who is not prohibited from possessing firearms
    (this transfer must be processed through a California licensed firearm dealer). Such a transfer may
    be temporary based on agreement of the parties and until such time that a non-lifetime prohibition
    ends;
    • If the prohibition is for 30 days or less, the designee may possess the firearm(s) for the duration or
    transfer it to a person who is not prohibited from possessing firearms for a period of not more than
    30 days;
    • If the designee wishes to permanently possess the firearm(s) (beyond 30 days) a Voluntary
    Firearm Registration form (FD 4542) must be completed;
    • Surrender the firearm(s) to a California law enforcement agency for the purpose of destruction.
    • If the firearm(s) is an assault weapon as defined under PC Section 12276, 12276.1, or 12276.5 and
    is registered pursuant to PC Section 12285, the designee must sell it to a DOJ permitted assault
    weapon dealer or relinquish it to a law enforcement agency. If the firearm(s) is an unregistered
    assault weapon it must be relinquished to a law enforcement agency.
    Jim


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    • #3
      send it_hit
      Senior Member
      • May 2010
      • 2454

      Originally posted by halifax
      As an FFL, I've purchased such firearm collections for $1 before. After the smoke cleared I sold them back for 1$ and a transfer fee.
      I can't contribute much to this discussion, but I would like to commend you for offering that service. I've seen a couple people get absolutely screwed over in that situation because they couldn't find an FFL to help.

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