Oregon Firearms transfer from family member in California

[uberguy]

I would avoid this at all costs, because the guns would have to be given it the police.....and they may be lost forever and/or destroyed.

That's definitely a risk, but the recommendation was to consult an attorney. The presumption was to explore whether that or some other provision in law allows for the legal transfer of ownership - to the OP vs LEO.
The OP has to find some way to legally take possession from a living relative, unwilling or unable to sign over ownership. To simply take them, then transport interstate, as was pointed out is a serious crime.

 

[Slobray]

That's definitely a risk, but the recommendation was to consult an attorney. The presumption was to explore whether that or some other provision in law allows for the legal transfer of ownership - to the OP vs LEO.
The OP has to find some way to legally take possession from a living relative, unwilling or unable to sign over ownership. To simply take them, then transport interstate, as was pointed out is a serious crime.

I understand, but damn, I would hate to see any gun at the mercy of or destroyed by the PDRK (yes, even a Hipoint or Jennings).

@pdxaaron , does Uncle have any children? If so, the guns can be transferred to them without a BGC (even in the PDRK) and then transferred to you via FFL.



Ray

 

[uberguy]

Clarification, there is no risk in consulting an attorney about legal means to accomplish the stated goal. It's generally a bad idea to seek advice on legal matters on comment forums, especially concerning firearms. It's my understanding all these are monitored by various law enforcement. At least that's what some moderators/administrators I know told me.

 

[notazombie]

^^^This^^^
It'll cost a couple bucks to get actual legal advice but you don't have to do anything. In fact it might be simplest to just walk away from the situation altogether. If your uncle actually valued his property he'd be taking care of it himself.

 

[pdxaaron]

Looks like I will be consulting an attorney.

To clarify, we do not have possession of the firearms. And he has access to the storage unit. But we cannot afford to keep paying for his storage unit for him (technically it is in our name and he stores his stuff there). He has valuable family items in his possession that we cannot let go to a storage liquidator. We are simply storing his belongings in different places until he returns and he will have full access to everything. (this sounds sketchy but we all have full intentions on returning the items if/when he returns). I am the only family member that has the means to safely store the firearms, and that is why this question was raised to begin with.

 

[11Charlie]

Looks like I will be consulting an attorney.

To clarify, we do not have possession of the firearms. And he has access to the storage unit. But we cannot afford to keep paying for his storage unit for him (technically it is in our name and he stores his stuff there). He has valuable family items in his possession that we cannot let go to a storage liquidator. We are simply storing his belongings in different places until he returns and he will have full access to everything. (this sounds sketchy but we all have full intentions on returning the items if/when he returns). I am the only family member that has the means to safely store the firearms, and that is why this question was raised to begin with.

Dude thats tough! Wish you all the luck on this. Just watch your six its not worth losing your gun rites over.

 

[rick benjamin]

Aaron
Don't do a Road trip, Don't load-up, go home.
Don't talk about this any more.

 

[11Charlie]

Aaron
Road trip, load-up, go home.
Don't talk about this any more.

IMO That is horrible advice!! For god sake you want the dude in jail?

 

[pdxaaron]

Yeah I was going to say, I have no intentions on law enforcement reading this thread and thinking that I am just going to grab these guns an leave. I have a couple family friends who are attorneys that I will talk to about the situation to do this completely legally. I have no reason to lose my ability to buy guns in the future. All I want is for his property to be safely stored where he has access to it. I guess I should have clarified that these are still HIS guns. Not mine. He already placed them in our possession when he willingly put everything in a storage unit that he knew we had access to and told him that we would clean it out if he didn't pay. All I am trying to do is to keep something of his of value that I can keep safe and give to him if he sobers up. We're all very close and I don't want him to lose everything he has. All we are doing is moving the guns to a safer location.

 

[JRuby]

I can see a scenario such as this happening.
You aquire your uncle's guns and take them to Oregon
Your uncle shows up and wants his guns back he accuses you of stealing his firearms.
You are now having to see the judge in Ca. Hopefully you have not been arrested for theft in the process.
You also hope you have an understanding judge.
You could if this goes south have a felony stripping your gun rights amongst other costs.

Tread carefully we know that your trying to do the right thing but this a possible perfect storm. An attorney is well worth the cost
IMHO.

 

[11Charlie]

An attorney is well worth the cost

Exactly!!

 

[pdxaaron]

I can see a scenario such as this happening.
You aquire your uncle's guns and take them to Oregon
Your uncle shows up and wants his guns back he accuses you of stealing his firearms.
You are now having to see the judge in Ca. Hopefully you have not been arrested for theft in the process.
You also hope you have an understanding judge.
You could if this goes south have a felony stripping your gun rights amongst other costs.

Tread carefully we know that your trying to do the right thing but this a possible perfect storm. An attorney is well worth the cost
IMHO.

I have thought about all of this. Just wanted to point out that my uncle and I are close, and it's hard looking into another family's dynamic from a forum post but in reality if he did come back, there would be no hard feelings.

I am going to consult an attorney. Thank you all for your advice.

Also wanted to reiterate that he willingly placed the guns in our possession when he gave them to us to put them in a storage unit for him. So this is simply a matter of transporting them to a new location (that he still has access to)

 

[JRuby]

I have thought about all of this. Just wanted to point out that my uncle and I are close, and it's hard looking into another family's dynamic from a forum post but in reality if he did come back, there would be no hard feelings.

I am going to consult an attorney. Thank you all for your advice.

Also wanted to reiterate that he willingly placed the guns in our possession when he gave them to us to put them in a storage unit for him. So this is simply a matter of transporting them to a new location (that he still has access to)

Life is funny there are few guarantees and many surprises. Good luck.

 

[jbett98]

Maybe you should look into getting a gun trust set up. That way if something does happen to your uncle, you've got the required paperwork to move/store these firearms without a bunch of legal hassles.

 

[ZA_Survivalist]

If its family just go down and get them.

 

[USAF Medic]

An ATF agent would probably be a good source of info.

 

[Hawaiian]

When my dad in CA gave me a few guns when I was there visiting, I simply went to UPS and shipped them to my FFL here in Oregon. That is legal. With your uncle having drug problems, it sure would suck if you did that and they turned up stolen when you FFL ran the check. You have too many variables and I agree with the others, seek a legal opinion and keep it legal. Not worth the price is something goes wrong.

 

[JRuby]

If it was my dad and I had his permission I would not even go through an FFL if I could hand carry them. There are people in your life you can trust. My dad is one of the few people I trust explicitly. There are only about a half dozen I feel this way about.