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View Full Version : How does one get right with the law?


gtqf
02-01-2010, 12:57 PM
So it appears a, uh, friend did something not quite legal, out of ignorance.

Moved to CA on military orders. Resident of another state. While driving to CA, stopped to visit his brother in AZ who gave him a handgun (which is on the CA-legal list). Brought it to CA, paid the fee and registered it with the CA DOJ, which sent a receipt.

Then learned that intrafamilial transfers between residents of different states are supposed to go through a FFL. Oops. No one involved is a felon or otherwise prohibited from owning firearms.

So given that the transfer wasn't done right, but the gun has already been registered in CA by a new resident handgun form, what is the right thing to do to get right with the law?

Pretend it never happened, or draw attention to himself to correct the mistake?

dantodd
02-01-2010, 1:03 PM
Assuming your previous state allowed such transfers you are not in any sort of trouble. You are not a resident of CA until you have moved here. If you had come into the state and set up a domicile and established residency THEN visited your brother it would have been a violation.

paul0660
02-01-2010, 1:03 PM
intrafamilial doesn't work between brothers anyway.

Personally, I would let it slide. Truly legally, I dunno.

gtqf
02-01-2010, 1:11 PM
Assuming your previous state allowed such transfers you are not in any sort of trouble. You are not a resident of CA until you have moved here. If you had come into the state and set up a domicile and established residency THEN visited your brother it would have been a violation.

He's USMC, came here on orders and is keeping his Virginia resident status.

So it's OK for a AZ resident to give a VA resident a handgun in AZ without a FFL involved? Wow, the country is more free than I thought.

dantodd
02-01-2010, 1:15 PM
He's USMC, came here on orders and is keeping his Virginia resident status.

So it's OK for a AZ resident to give a VA resident a handgun in AZ without a FFL involved? Wow, the country is more free than I thought.

Actually I don't think it is, I believe it is a federal law that an FFL is required for interstate transfer. I was merely saying that if he was not yet a resident of CA then he violated no CA laws. If he was not a VA resident for purposes of a firearms transaction then the only issue would be a federal violation. The BATF is not going after a marine who transferred a weapon en route to a new duty station who had no residence at the time.

dantodd
02-01-2010, 1:21 PM
Here is the actual federal law that was violated:

18 U.S.C. 922(a)(5)
(5) for any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) to
transfer, sell, trade, give, transport, or deliver any firearm to
any person (other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector) who the
transferor knows or has reasonable cause to believe does not
reside in (or if the person is a corporation or other business
entity, does not maintain a place of business in) the State in
which the transferor resides; except that this paragraph shall
not apply to (A) the transfer, transportation, or delivery of a
firearm made to carry out a bequest of a firearm to, or an
acquisition by intestate succession of a firearm by, a person who
is permitted to acquire or possess a firearm under the laws of
the State of his residence, and (B) the loan or rental of a
firearm to any person for temporary use for lawful sporting
purposes;

Seesm
02-01-2010, 7:10 PM
So it appears a, uh, friend did something not quite legal, out of ignorance.

Moved to CA on military orders. Resident of another state. While driving to CA, stopped to visit his brother in AZ who gave him a handgun (which is on the CA-legal list). Brought it to CA, paid the fee and registered it with the CA DOJ, which sent a receipt.

Then learned that intrafamilial transfers between residents of different states are supposed to go through a FFL. Oops. No one involved is a felon or otherwise prohibited from owning firearms.

So given that the transfer wasn't done right, but the gun has already been registered in CA by a new resident handgun form, what is the right thing to do to get right with the law?

Pretend it never happened, or draw attention to himself to correct the mistake?

Let the doj get in touch IF they sent a reciept anyway and it all appears good he did his best to do it right. They will let him know.