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View Full Version : Getting handguns not on the list..


eviioiive
02-23-2005, 10:50 PM
del

eviioiive
02-23-2005, 10:50 PM
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imported_EOD Guy
02-24-2005, 6:18 AM
You could, but it would be a violation of Federal law punishable by up to 10 years in a Federal prison.

Don't worry though. A first offender with no other charges probably wouldn't get more than a year or two. They might even let your grandparent share a cell with you.

maxicon
02-24-2005, 12:00 PM
Yep, there was another thread that beat this down.

California doesn't have a problem with it, but Federal law prohibits direct transfer between individuals who don't live in the same state. That's it, in a nutshell.

max

eviioiive
02-24-2005, 5:26 PM
then how would you legally get firearms from a parent or grandprent that passes away in another state?

imported_EOD Guy
02-24-2005, 7:06 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by eviioiive:
then how would you legally get firearms from a parent or grandprent that passes away in another state? </div></BLOCKQUOTE>

There is an exception in the regulation that allows for the transfer to an unlicensed individual who is the beneficiary of a bequest from an estate or an intestate succession.

It's located at 27CFR 478.30(a).

maxicon
02-24-2005, 7:09 PM
Ah! There are exceptions for bequests (transfer from an estate by a will) and intestate succession (transfer from an estate with no will).

Once you bring handguns into the state, they have to be registered, as usual, but long guns have no additional requirements.

The NRAILA has a few pages that refer to federal laws on this:
Summary page:
http://www.nraila.org/GunLaws/FederalGunLaws.aspx?ID=60

Links to the actual text of the laws:
http://www.nraila.org/GunLaws/FederalGunLaws.aspx?ID=63

max

fastmanusa
02-24-2005, 8:00 PM
I know a question has been asked before is it ok for an out of state parent to give a gun to there son. The DOJ said that it would have to go threw an FFL do to federal law and have a noterized letter from the parent saying it was a gift in order to be excemt from Approved list.
I don't know about Grandparent though?

imported_EOD Guy
02-25-2005, 6:44 AM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by fastmanusa:
I know a question has been asked before is it ok for an out of state parent to give a gun to there son. The DOJ said that it would have to go threw an FFL do to federal law and have a noterized letter from the parent saying it was a gift in order to be excemt from Approved list.
I don't know about Grandparent though? </div></BLOCKQUOTE>

California firearms law describes immediate family members as parent and child or grandparent and grandchild. [Penal Code Section 12078(c)(2)(C)(3)]. As far as California is concerned, grand-parent to grandchild is ok.