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During 1999 to 2002 my mother in law purchased a revolver in

Texas. She brought it to...
During 1999 to 2002 my mother in law purchased a revolver in Texas. She brought it to CA and she gave it to my wife and me. The wife and I divorced and I kept the revolver.

Issues

I did not do the intrafamily transfer as I was not aware of it.

I am legally able to own a handgun in CA, and I have hand gun safety card.

The gun is not on the approved CA handgun list. Nothing about the gun is improper the manufacturer was Phillips and Rogers who was located in Texas and was not a big enough company to pay the fees CA has. The revolver is their Medusa.

Questions: I want to file form can I without getting into trouble
Or should I sell it to a FFL dealer in. CA again would I get in trouble
Or turn it in if so to whom.
Take it back to Texas and sell it.

Please advise with sections of the law that apply
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Answered in 15 minutes by:
3/9/2013
LawHelpNow
LawHelpNow, Attorney/Lawyer
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Satisfied Customers: 7,639
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Hello Willy,


My name isXXXXX a licensed attorney. Glad to try and help out.

I'm looking at this from the perspective of best protecting your interests, so I must respectfully XXXXX XXXXX the Federal Firearms License dealer's opinion as you're described it. What I mean is that I would not under any circumstances recommend ignoring the issue. Here's why I say so. The law goes as follows in such cases. The pistol is being "transferred", at least as far as the law views it, from your former mother-in-law to you, from one unlicensed person to another. In other words, the transaction (even though it took place in the past), does come under the auspices of the U.S. Department of Justice bureau of Alcohol, Tobacco, Firearms and Explosives. So, that simply means you need to get with a local dealer holding a Federal Firearms License and regularize the transaction. It's no big deal at all to make the transaction lawful by a dealer simply executing an ATF Form 5300.5 Report of Firearms Transactions.


If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

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Customer reply replied 4 years ago
Does the fact I am registering 10 yrs later expose me?
Hi there Willy,

Great to hear from you and thanks for writing back!
I can absolutely understand your concern, but you're far better off to make things right now that you realize your duty. In other words, you can't undo the past, but avoiding registration out of fear only compounds the situation, meaning you're aware of the need to do what the law requires but are intentionally refusing to comply. That's not the position one wants to be in when potentially dealing with law enforcement of any stripe, at least in my view. In other words, look at your options:
California Bureau of Firearms
Rather than approaching law enforcement to surrender the firearm, or submitting a form to the state at this late date (well after the 60 days), my personal preference by far would be to use the services of a bona fide dealer. Legitimate ones have encountered such situations pretty much daily and are generally glad to help.
Best regards,
Ben, J.D.
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
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LawHelpNow and 87 other Legal Specialists are ready to help you
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Hello Willy,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.
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