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View Full Version : Under 21 fly in to CA with a pistol owned by parent?


inh
08-13-2010, 6:42 PM
I want to sell a pistol of mine to a family member, and, assuming it is legal, have her son fly out, hang out with me for a couple of days, and then transport the pistol back to CA for her. The reason for this is that it doesn't cost much more for a plane ticket out here and back than it does to ship the pistol via UPS or Fedex, and we would then be able to hang out for a couple days.

According to http://www.ag.ca.gov/firearms/travel.php it would be legal for him to transport it in a motor vehicle, and it has been my experience that most states apply the same laws to planes as they do to vehicles, except planes are also governed by the TSA. I can't find anything concrete on the AG website though.

What do you guys think?

HowardW56
08-13-2010, 6:51 PM
I want to sell a pistol of mine to a family member, and, assuming it is legal, have her son fly out, hang out with me for a couple of days, and then transport the pistol back to CA for her. The reason for this is that it doesn't cost much more for a plane ticket out here and back than it does to ship the pistol via UPS or Fedex, and we would then be able to hang out for a couple days.

According to http://www.ag.ca.gov/firearms/travel.php it would be legal for him to transport it in a motor vehicle, and it has been my experience that most states apply the same laws to planes as they do to vehicles, except planes are also governed by the TSA. I can't find anything concrete on the AG website though.

What do you guys think?

There is a problem with this transaction on the federal level...

ke6guj
08-13-2010, 6:53 PM
are you a CA resident? If not, it is a violation of federal law for you to transfer a firearm to a person who lives in another state. It is also a violation of federal law for the son to acquire a firearm while out of state and transporting it back to his home state.

In order to comply with CA and federal law, you need to send the firearm to a CA FFL to facilitate the transfer.

CSACANNONEER
08-13-2010, 6:56 PM
There is a problem with this transaction on the federal level...

Unless the family member is your child, parent, grandchild or grandparent, under FEDERAL law, you would need to follow the laws of both states and go through a California FFL. I'm not sure if you could send it via, private courier or not though.

Cokebottle
08-13-2010, 6:57 PM
Ditto.

The transportation is not the problem, the transfer is.

Since it's interstate, even if it is intrafamilial (would only apply if the woman is your mother/daughter/grandmother/granddaughter), the transfer must be executed through a California FFL if the recipient is in California.


Legally, he could personally transport the gun to a California FFL, where the transfer could be done, but since he is not a California resident, it would still not be the basic $35 PPT.... normal FFL transfer fees would apply, AND the handgun MUST be on the California roster:
http://certguns.doj.ca.gov/

inh
08-13-2010, 6:58 PM
Doh, forgot about state to state transfer...

Not sure where I qualify as a resident of, though. I'm in the military, but I pay CA state taxes...

Cokebottle
08-13-2010, 6:58 PM
Unless the family member is your child, parent, grandchild or grandparent
Even if they are, the transfer still must take place through an FFL.

The only difference between normal interstate sales and interstate intrafamilial is that the intrafamilial transfer is roster-exempt.

CSACANNONEER
08-13-2010, 7:00 PM
Doh, forgot about state to state transfer...

Not sure where I qualify as a resident of, though. I'm in the military, but I pay CA state taxes...

Sounds like you're a tax paying California resident to me. But, now you have to find a way to PPT it without being present at the dealer. I doubt you're going to be able to do that.

Cokebottle
08-13-2010, 7:00 PM
I pay CA state taxes...
I'd say that qualifies you as a CA resident.
Next time you are in the state, execute the transfer at an FFL and it's only $35... unless it's your mother/daughter, then it's only $19 and an OpLaw form.

inh
08-13-2010, 7:01 PM
Is there any way they can take the gun to the FFL once he brings it back to do the transfer or would I need to be there?

Edit: New replies while i was typing, looks like I'd have to be present. Hrm =/

Cokebottle
08-13-2010, 7:09 PM
Is there any way they can take the gun to the FFL once he brings it back to do the transfer or would I need to be there?

Edit: New replies while i was typing, looks like I'd have to be present. Hrm =/
Ya...

The only thing I can think of, and this only applies if the recipient is your mother/grandmother (since you're in the military, I'm assuming you don't have a daughter or granddaughter over 21 ;) ), would be to ship the gun TO YOURSELF at your California address (The one your California tax/DMV paperwork goes to).
Once the gun is legally in the state, she would be able to take possession and execute the intrafamilial transfer using the oplaw form.

inh
08-13-2010, 7:28 PM
Looks like finding a dealer we can mail it to and then have them transfer it to her is the best bet, or is that un-legal in CA now too?

Cokebottle
08-13-2010, 8:09 PM
Looks like finding a dealer we can mail it to and then have them transfer it to her is the best bet, or is that un-legal in CA now too?
As long as it's on the roster, or is roster exempt (dimensionally compliant single shot or dimensionally compliant single-action revolver), it is perfectly legal.

What area does she live in? FFL transfer fees can be anywhere from $60 to $200.