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View Full Version : Help! Need info on Private party trans


perc71
11-02-2008, 5:05 PM
Hello.

I know very little about Private party transfer laws in CA. My situation is that my mom and dad lives in So Cal; I live in the bay area. My parents own a proprety in Las Vegas, they have utility bills, property taxes papers, etc to show for. My question:

Is it possible for my Father to purchase a handgun in Nevada that is not in the california list of approved handguns and have the handgun transferred under my name later on. Me and My dad have no NV drivers license, we both have CA licenses. If this is possible, What process do We need to do? Can he purchase the handgun in Vegas under his name and transfer it to me after purchase here in California? I would greatly appreciate any input on this. I don't know where to begin. I purchased and own 4 handguns in CA but the restrictions in Cali is just so much that I cannot purchase the handgun that I have been eyeing for months now. Thank you.


Sincerely

L.L.

AKU SOKU ZAN

EOD Guy
11-02-2008, 5:10 PM
Short answer, no. Owning property is a state does not qualify you for residence to purchase firearms. You have to actually be living there.

FortCourageArmory
11-02-2008, 6:31 PM
If you parents claim CA residence in any way, then the short answer is no. Even splitting time between CA and, say AZ homes doesn't allow them to bring handguns purchased in another state into CA. CA law allows someone newly moving into the state to bring any handgun with them. But a person living in another state in addition to CA can't rightly claim that they are newly moving into the state, can they? Therefor, they couldn't bring a new handgun purchase in if it was not on the "safe" roster.

It'd be a nice idea and a neat loophole, but it won't fly.

Quiet
11-02-2008, 6:40 PM
Short answer, no. Owning property is a state does not qualify you for residence to purchase firearms. You have to actually be living there.
What he said.



BATFE FAQ on residency.


(B11) What constitutes residency in a State?

The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.

[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]


(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]

EOD Guy
11-03-2008, 10:09 AM
If you parents claim CA residence in any way, then the short answer is no. Even splitting time between CA and, say AZ homes doesn't allow them to bring handguns purchased in another state into CA. CA law allows someone newly moving into the state to bring any handgun with them. But a person living in another state in addition to CA can't rightly claim that they are newly moving into the state, can they? Therefor, they couldn't bring a new handgun purchase in if it was not on the "safe" roster.

It'd be a nice idea and a neat loophole, but it won't fly.

That's not what Cal DOJ told me when I had part time residence in Arizona. They told me I could bring handguns into California if I wished and register them with DOJ.