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View Full Version : Hypothetical Christmas gift question.


DDT
12-25-2008, 3:47 PM
Let's I am visiting my folks in Michigan and they want to give me a long arm and a pistol for Christmas. There is no prohibition in MI from gifting firearms.

How would I go about bringing the guns back into CA? No "evil features" no AW issues etc. Would this be treated as a self-imported gun and subject only to 12072(f)(2) for the pistol and no need to say anything about the long arm?

Alternatively, if my folks came to visit me and brought the same guns as a gift do they become the importer of the pistol and have to comply with 12072(f)(2) or can I still do that?

HowardW56
12-25-2008, 4:58 PM
Let's I am visiting my folks in Michigan and they want to give me a long arm and a pistol for Christmas. There is no prohibition in MI from gifting firearms.

How would I go about bringing the guns back into CA? No "evil features" no AW issues etc. Would this be treated as a self-imported gun and subject only to 12072(f)(2) for the pistol and no need to say anything about the long arm?

Alternatively, if my folks came to visit me and brought the same guns as a gift do they become the importer of the pistol and have to comply with 12072(f)(2) or can I still do that?

That is an interesting question. Could you travel with the firearms and once home send the form and $9.00 to DOJ....

Dr Rockso
12-25-2008, 6:12 PM
My understanding is that since you're residents of different states, per federal law interstate transfers must go through an FFL.

HowardW56
12-25-2008, 6:15 PM
And what if his father drove to California and gave it to him here?

Mssr. Eleganté
12-25-2008, 6:47 PM
And what if his father drove to California and gave it to him here?

If his father drove to California then he and his father would still be residents of two different States and the transfer would still have to go through an FFL to comply with Federal law.

HowardW56
12-25-2008, 6:49 PM
If his father drove to California then he and his father would still be residents of two different States and the transfer would still have to go through an FFL to comply with Federal law.

But could they go to a FFL and complete a PPT transfer?

Mssr. Eleganté
12-25-2008, 6:54 PM
But could they go to a FFL and complete a PPT transfer?

They could go to an FFL and do a transfer, but it wouldn't be considered a PPT. The Dealer could treat it just like a transfer that was shipped in, meaning he could charge as much as he wanted for the transfer and not be limited by the $35 PPT maximum. Since the gun would be coming from a "family" member, any handguns would be exempted from the safe handgun roster though.

The way the law is written you should be able to do it as a PPT. But the DROS system is set up in a way that requires both parties to have a California ID to process a PPT. It's a case of the mechanics of the system not being in compliance with the way the law was written.

HowardW56
12-25-2008, 6:58 PM
I always wondered how that would work out...

DDT
12-25-2008, 11:51 PM
Found the Cite:

18 USC Sec. 922 (a) (5)

bohoki
12-26-2008, 11:34 AM
just wondering what if a friend sends you a large capacity feeding device unsolicited

will the ca doj extridite them for trial in california?

DDT
12-26-2008, 4:43 PM
just wondering what if a friend sends you a large capacity feeding device unsolicited

will the ca doj extridite them for trial in california?

No, but if the DOJ finds out and doesn't like it you will have the world's most expensive "free" large capacity magazine.

Mssr. Eleganté
12-26-2008, 5:36 PM
just wondering what if a friend sends you a large capacity feeding device unsolicited

will the ca doj extridite them for trial in california?

They wouldn't try to extradite your friend, but they might bust you for importation. Then the jury could decide whether or not your friend sent it "unsolicited".

A better friend would import the magazine himself before giving it, instead of shipping it.