Guidance needed for selling my Dad's firearms

[Stratego]

Nevada requires sellers and buyers to be residents, proof of residency and transfer by FFL same as California.

Anyone can sell to an FFL without being a resident of the state the transaction is taking place in. You even also do this by mail if you get help mailing the guns legally.

 

[rogerthedodger]

Anyone can sell to an FFL without being a resident of the state the transaction is taking place in. You even also do this by mail if you get help mailing the guns legally.

I’m referring to a ppt. Sell to ffl is ok.

 

[Dvrjon]

Cal. Code Regs. Tit. 11, § 5471, (hh) (https://www.law.cornell.edu/regulations/california/11-CCR-5471)​

(3) With regards to an AR-15 style firearm, if a complete upper receiver and a complete lower receiver are completely detached from one another, but still in the possession or under the custody or control of the same person, the firearm is not a semiautomatic firearm.

 

[gose_]

If you are not a resident of California, you can not simply get guns transferred from your dad to you using the BoF 4544 form. Matter-of-fact, I don't even know how you would go about transferring ownership of a gun to a person who does not reside in the US but is temporarily visiting. Much better idea if your dad officially does the transfer, using a power of attorney. But before you do that, check with the gun store you want to sell them to, to make sure they're OK with the power of attorney.

Transfer to any non-US person is an export and needs to go through the proper export process. There isnt, AFAIK, any way to transfer ownership in-country as part of that process, so it's likely impossible to take possession of the firearms before they have crossed the border.

 

[BigBossman]

Thank you for the detailed response. I plan to get a power of attorney for my dad, but I'm not sure if that would allow me to sell his guns. All the handguns were purchased in California and the Springfield AR is California compliant with a bullet button. If I’m unable to sell them with my POA, would selling them in Reno be a possibility? If I can't sell them, I would need to surrender them to the police for destruction, which would be a shame

If you're passing through idaho I'd be interested in the M1A.

 

[Subotai]

Make sure you contact no government entities in Frisco, and pick a gun shop outside of that general area. Make sure the AR is compliant before attempting anything with it. Heck, even throw away parts if that is needed. Good luck, OP.

 

[Dvrjon]

Something to consider in replying….
On Sep 1, OP said

I'm going to SF next week…

 

[Stratego]

Transfer to any non-US person is an export and needs to go through the proper export process. There isnt, AFAIK, any way to transfer ownership in-country as part of that process, so it's likely impossible to take possession of the firearms before they have crossed the border.

A US citizen is not a non-US person and many states still will consider you a resident essentially forever if possible. California loves to tax expats in perpetuity and common advice is to move to Texas before moving abroad to avoid this.

 

[gose_]

A US citizen is not a non-US person and many states still will consider you a resident essentially forever if possible. California loves to tax expats in perpetuity and common advice is to move to Texas before moving abroad to avoid this.

The answer was to the question about a person that doesnt reside in the US and I cheated but using the term non-US person, rather than citizen, non-immigrant, immigrant etc, as I was lazy...

Even so, if you take up legal residency abroad, it doesnt matter if you are a US citizen or not, you are not allowed to purchase a firearm in the US when "visiting". How the states want to tax you is a different matter, this is federal and the law is pretty clear in this case and AFAICT, unless youre a resident of a state, youre not allowed to purchase a firearm in the US.

If you still have an address, a drivers license, etc, youre unlikely to get stopped/caught, but that doesnt make it legal by the book...

 

[BobGBA]

The Sig Sauer P226, M1A and the Springfield AR-15 were all listed in the classifieds and have been marked sold.

Probably time to close this thread.....