Introduction and question concerning transfer in CA

[Blues-Harp Dude]

I just want to say hello to all,
My name is Eric but as you see my screen-name reflects my love for blues music.I play the hamonica and love to fish and hunt.

I also would like to ask a question concerning a situation I have presently.My dad passed away some years ago and left my brother and I some handguns.At the time this happened my brother and I decided to have the handguns legally transfered into his name ,in which he did and all was good for some years.Fast forward and my brother gets himself in trouble and gets a felony for being a bonehead.I had to go to his house and retrieve the firearms and safe and bring them to my house.I now have possession of the guns and would like to know can I just transfer these into my name via a Firearm ownership Record form from the DOJ and pay the $19.00 transfer fee per gun? My brother never filed a power of attorney form cause he was in jail.Could I do an intrafamily transfer since I have posession of them now and pay $19.00 for all the guns?I am just wanting to do the legal right thing and transfer them into my name.I don't believe I have to do a PPT at this point cause they are already in my posession.Anybody know for sure what needs to happen to get them in my name.Thanks in advance for any help

 

[animal]

oops, didn't see State in title, sorry.
The mods might move this to legal to get more responses?

 

[.wheelgunner.]

If you've already taken possession of the weapons I would recommend you contact an attorney ASAP. You said your brother took possession some time ago. Are any of the weapons currently illegal? Such as, semi auto handguns w/mags over ten round capacity? There are special steps you need to take in some cases.

Like, over ten round mags, and you can't prove you owned them before they were outlawed. The mags need to be disassembled therefore are classed as "parts." It gets screwy.

California is definitely not a place you want to "do first and investigate later."

But that's just me.

I would also recommend (if you ignore the above advice) joining Calguns.net and ask them the same question.

Good luck.

 

[Frank Ettin]

[1] I've closed this thread before the OP digs a deeper hole for himself. The Internet is not a good place to discuss real life, serious legal matters. It's a public place, and you will want to instead have those sorts of discussions with your lawyer in private.

[2] And this is a potentially serious legal matter. The transfer laws in California (and federal, if the brother is currently a resident of a different State) can be complex, and the California Department of Justice tends to not have much of a sense of humor about these things.

[3] The Calguns forum is a good place to go for general information on the situation in California. The Calguns Foundation Wiki is an excellent resource on California gun laws.

[4] It would be an excellent idea for the OP to get a lawyer. Several good, gun law savvy ones have banners on the Calguns forum.

[5] And under California law, a gun transfer between siblings is not an intrafamilial transfer. The intrafamilial transfer law applies only between parent/grandparent and child/grandchild.