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 Private party transfer in CA
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old45guy
New Member

52 Posts

Posted - 07/04/2009 :  02:32:30 AM  Show Profile  Reply with Quote
Ok where do I begin. I inherited a gun from my uncle who passed away who lived in Arizona. I live in California. I want to sell the gun because its something i do not want and would rather get some money for it. It is a handgun. Can I still go to a ffl dealer and sell the gun preivate party to another buye with this being the case or am i stuck with it or??? I have no idea what to do. Please help thanks

mark christian
Administrator

Panama
18938 Posts

Posted - 07/04/2009 :  09:38:33 AM  Show Profile  Reply with Quote
I am a firearms dealer here in CA.

I'm not clear on this: Is the pistol still sitting in AZ or did you bring it to CA? An interstate transfer of a handgun through bequest (you inherit the pistol) is only exempt from the the CA transfer regulations in the cases of immediate family members: Bother-sister/parent-child/grandparent-grandchild. Uncle/nephew is not an exempt catagory and means the pistol should have been shipped to you through a CA FFL dealer for transfer. If the pistol is still sitting in AZ you have many more options.

What EXACTLY did you do?
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old45guy
New Member

52 Posts

Posted - 07/04/2009 :  12:06:42 PM  Show Profile  Reply with Quote
When i went to the funeral in AZ my aunt gave it to me and I brought it back to CA. ITs an old colt revolver so I dont think there would be problems without it being ca certified. What should i do thanks
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old45guy
New Member

52 Posts

Posted - 07/04/2009 :  12:07:40 PM  Show Profile  Reply with Quote
Also would I need to sign "special" or additional paper work because of inheriting it?
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mark christian
Administrator

Panama
18938 Posts

Posted - 07/04/2009 :  12:19:32 PM  Show Profile  Reply with Quote
How old? Is it an antique (pre 1899) or is it a curio and relic (over 50 years old)? You keep leaving out all of the important details that will make it possible for me to tell you what your options are.
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old45guy
New Member

52 Posts

Posted - 07/04/2009 :  12:29:53 PM  Show Profile  Reply with Quote
It is probably only 20 years old. What else do you need to know?
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mark christian
Administrator

Panama
18938 Posts

Posted - 07/04/2009 :  12:45:00 PM  Show Profile  Reply with Quote
I know that what you did violated CA law.

In order to receive that pistol it should have been handed over to an AZ dealer, shipped to a CA dealer and then transferred to you. If it is a singe action type pistols (which you neglected to mention--do I have to water board this info out of you?) it would be exempt from the CA DOJ handgun roster. If it is not a single action pistol it would have to be listed on the approved roster of handguns kept by the CA DOJ or else it could not enter the state. Since the pistol has not entered CA properly you cannot now register it yourself with the DOJ. If this had been a legitimate inheritance between approved family members (which I lited in a previous post) then there is a specific form which you would fill out and submit but you decided to just skip the legal steps and there is now no recourse avaialble to you.

Since no one knows you have the gun or how you got it you can still do a private party transfer, just keep a low profile about the gun and where it came from.
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dfletcher
Advanced Member

USA
6459 Posts

Posted - 07/04/2009 :  2:48:28 PM  Show Profile  Reply with Quote
If I could just add to the above post - don't know how old you, what kind of handgun was aquired or how long you have lived in CA. If you're 22 years old and been here for a year or so & go into a gun store with a relatively new Springfield XP and announce "Uncle from AZ just sent this to me" that will probably result in the FFL not wanting to participate in the deal.

By law, the handgun should not have come into the state without going through an FFL - that's federal, not state law. Unless the handgun is on the "CA OK" roster you can (could not) not take delivery even through an FFL - intrafamilial interstate transfer exemption to this does not apply uncle to nephew. There are also exemptions for C & R handguns, single shot handguns and LE as well as the above mentioned SA revolvers, don't know if any of those apply here.

As stated above, if you go to the gun store and simply put the handgun on consignment you should have no problems. I strongly suspect this is routinely done, CA prefers that this be done (as opposed to the handgun not being on the books) because the handgun by being PPT'd gets into their system so to speak. If you happen to be an older guy with an older handgun - meaning the gun and you (could) have been in state for a while, before the whole registration, dealer sale requirement was in place - it will be easy.

So low key consignment is probably the way to go. I'm not certain but you may need a CA HSC (Handgun Safety Card) to do a consignment or PPT.

BTW - if you consign the handgun, the gun store usually takes 15 to 20%.

dsf

Edited by - dfletcher on 07/04/2009 2:55:14 PM
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clays
Senior Member

1351 Posts

Posted - 07/04/2009 :  6:25:33 PM  Show Profile  Reply with Quote
Can he not just list the gun here on GB, collect the winning bidder's money and ship it to an FFL?
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dfletcher
Advanced Member

USA
6459 Posts

Posted - 07/04/2009 :  10:11:14 PM  Show Profile  Reply with Quote
quote:
Originally posted by clays

Can he not just list the gun here on GB, collect the winning bidder's money and ship it to an FFL?




Yes. But depending on the gun he can probably make more $$$ selling it in CA. Remember, this is the land of $1,800.00 Pythons and $700.00 Model 28s.

dsf
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