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BigWaveRider
03-13-2009, 3:36 PM
Hey all ... I have a few questions regarding a Sig 228 that was originally purchased ... by me ... in CA, back in 1992.

It originally came with (2) 13cap magazines.

Awhile back, I transfered ownership to a family member who lives in MI and needed a sidearm as a duty weapon. When I transfered to him, we agreed to transfer it back to me when he was able to afford his own weapon.

OK .. thats the back story .... here are the questions.

Can he ship it directly to a CA FFL from MI??

The 228 has an expiration date on the CA roster of 3/2010 .... I imagine in need to do this transfer prior to that date?? or is Sig going to relist the 228??

If microstamping is actually approved ... do I need to have this transfer done before 1/2010???

When he ships it ... can it include the original 13 round magazines ... or should those stay in MI???? Or can they be shipped disassembled as parts direct to me?? They were bought here , but are currently in MI

I am not in a huge hurry to get this weapon back ... but if it is about to be on the wrong list ... I want to get it done in advance.

Thanks

hawk1
03-13-2009, 3:46 PM
Hey all ... I have a few questions regarding a Sig 228 that was originally purchased ... by me ... in CA, back in 1992.

It originally came with (2) 13cap magazines.

Awhile back, I transfered ownership to a family member who lives in MI and needed a sidearm as a duty weapon. When I transfered to him, we agreed to transfer it back to me when he was able to afford his own weapon.

OK .. thats the back story .... here are the questions.

Can he ship it directly to a CA FFL from MI??

If the family member is mother/father, grandmother/grandfather, or son/daughter it can be sent to your local FFL for family exempt transfer back to you.

The 228 has an expiration date on the CA roster of 3/2010 .... I imagine in need to do this transfer prior to that date?? or is Sig going to relist the 228??
If it's a family transfer as listed above it is exempt from the roster. If after that date and the 228 is not renewed (call Sig and see if you get an answer if they will or not) then you're out of luck.

If microstamping is actually approved ... do I need to have this transfer done before 1/2010???
Microstamping has nothing to do with existing firearms
When he ships it ... can it include the original 13 round magazines ... or should those stay in MI???? Or can they be shipped disassembled as parts direct to me?? They were bought here , but are currently in MI

They can only be shipped back for parts, not to be assembled into a magazine that will hold more than 10 rounds in California. As parts, they can be shipped direct to you.

I am not in a huge hurry to get this weapon back ... but if it is about to be on the wrong list ... I want to get it done in advance.
Thanks

Best to get it done and not take a chance on Sig letting the 228 drop off the roster. I would guess they won't, but who knows for sure but Sig...

BigWaveRider
03-13-2009, 3:53 PM
Best to get it done and not take a chance on Sig letting the 228 drop off the roster. I would guess they won't, but who knows for sure but Sig...

He is actually my nephew ... my bothers son .... is that close enough family??

I could have him transfer it to my brother ... with in MI ... then transfer to me is suppose.

Yes ... this is probably best completed before the end of 2009.

Quiet
03-13-2009, 7:36 PM
This might be a stretch, but...
Sounds to me like BigWaveRider owned the large capacity magazines in CA prior to 01-01-2000 and loaned them to his nephew, who resides out-of-state.
Since, they are still his, couldn't he retrive them under the exemption in 12020(b)(23)?


Penal Code 12020
(a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
(2) Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.
b) Subdivision (a) does not apply to any of the following:
(23) The importation of a large-capacity magazine by a person who lawfully possessed the large-capacity magazine in the state prior to January 1, 2000, lawfully took it out of the state, and is returning to the state with the large-capacity magazine previously lawfully possessed in the state.

tonelar
03-13-2009, 7:43 PM
The magazines can be sent directly to you in the form of rebuild kits, in case any of your old mags need to have parts replaced.

Was it a transfer or a loan? Exempt family transfers only work between grandchildren, children, parents and grandparents. So can it go from your nephew to your grandparents then back to you?

BigWaveRider
03-13-2009, 8:09 PM
OK ... so looking at 12020/23 ... It looks like I am legal on the mags., as they where purchased here in CA (at B&B Sales) by me, in the early 90's ... it does look like they are exempt.

The weapon (without magazines) is legally transfered to him. I gave it to him as a gift/loan. So it is currently registered to him ... in MI.

OK for the Intrafamily transfer .... he would have to transfer it to his grandfather (my dad) ... and my dad could give it to me.

But really ... if I transfer it before it falls off the list .... I can just go from nephew to me. Using the Intrafamily thing only is needed if the weapon is not on the roster ... right??

For a weapon that is currently on the "list" ... do I gain anything using Intrafamily ???? .... it would be one more step for them in MI.

Quiet
03-13-2009, 11:49 PM
Intra-familial gift is just a way to be exempt from the approved list.

leelaw
03-14-2009, 12:35 AM
So was the ownership actually transfered to your nephew, or have you been loaning it for this long? Since it's been such a long time, you'll likely have to get it sent back to your local FFL, who will DROS it into your name.

Since you lawfully possessed those large capacity magazines in CA before the ban, they are grandfathered and may be sent back to you complete (or in parts kit form) and you may build them back up to normal specifications (13rds).

BigWaveRider
03-14-2009, 5:17 AM
So was the ownership actually transfered to your nephew, or have you been loaning it for this long? Since it's been such a long time, you'll likely have to get it sent back to your local FFL, who will DROS it into your name..............



Yes .. it is legally in his name ... so I will be using a FFL.

leelaw
03-14-2009, 7:24 AM
Yes .. it is legally in his name ... so I will be using a FFL.

OK, then have him ship the magazines direct to you, and the Sig direct to your FFL of choice (notify your FFL first and work out a transfer price ahead of time). Go to the FFL, fill out the paperwork, run DROS, and return in 10 days to pick up your P228.

Your nephew will have to ship via FedEx or UPS overnight, or have an FFL ship for him (in which case the FFL will need to sign up for CFLC).

BigWaveRider
03-14-2009, 9:08 AM
Great ... thanks everyone for your input .... I want to do it right the first time to avoid any mistakes and tie the weapon up in legal red tape.