PDA

View Full Version : Overseas Military Purchase


Bonedoc
01-25-2011, 5:39 AM
Can anyone tell me what would be the 'best' path for correct ownership? Here is the situation.
Glock Model 19, about 18 years old since 'birth date, acquired while in Iraq through private party while serving in 2001. No paperwork. Not sure where prior 'owner' is now, lost contact.
Have firearm but with no background, concerned about it being in CA and not properly accounted for.
CAN any FFL get it registered? A local large sporting goods store said "they could hold it for two weeks, run a background and then, if not involved in anything, they could register it" for $35. But we have no idea as to its status so we are rather hesitant to hand it to a store.
Sometimes I wonder if "they" (I am not the owner of the firearm, relative is) should just wait for one of those gun collections with 'no questions asked' but it is a fine firearm.
Many thanks for any help. Take care.

SanPedroShooter
01-25-2011, 6:04 AM
That sounds like BS to me, i mean what the SG store told you. Anyone can fill out a personal handgun importer form from the California DOJ site. Its 19 dollars. In fact anyone HAS to, if they bring a handgun into CA permanently. The bigger question is, how did you manage to bring a gun back from overseas? I would delete that part and just register the gun in the "normal" way. http://caag.state.ca.us/firearms/
http://caag.state.ca.us/firearms/forms/pdf/ab991frm.pdf all they ask is where you got it. In this case "private party". If its stolen kiss it good bye, they also run a background check on you while their at it...

Did i read that right, you said "aquired it while in Iraq"?
Another question, can an FFL have a background run on any gun that comes into his possesion?

Quiet
01-25-2011, 6:32 AM
Can anyone tell me what would be the 'best' path for correct ownership? Here is the situation.
Glock Model 19, about 18 years old since 'birth date, acquired while in Iraq through private party while serving in 2001. No paperwork. Not sure where prior 'owner' is now, lost contact.
Have firearm but with no background, concerned about it being in CA and not properly accounted for.
CAN any FFL get it registered? A local large sporting goods store said "they could hold it for two weeks, run a background and then, if not involved in anything, they could register it" for $35. But we have no idea as to its status so we are rather hesitant to hand it to a store.
Sometimes I wonder if "they" (I am not the owner of the firearm, relative is) should just wait for one of those gun collections with 'no questions asked' but it is a fine firearm.
Many thanks for any help. Take care.

Since, the handgun was acquired in another country.
The owner needed BATFE approval to import it into the USA.
If the owner did not get BATFE approval to import it into the USA, then it entered into the USA illegally (Federal felony).

Contact a lawyer.

Bonedoc
01-25-2011, 6:42 AM
Well, the "two" answers certainly quantify the 'question'. "Normal" versus "don't collect $200 and go straight..."
Of course the best way is to just "relinquish" it at a police collection where "no one" is asked any questions. That avoids the need for a representative, etc... still researching.
Thanks!

jtmkinsd
01-25-2011, 9:26 AM
Since, the handgun was acquired in another country.
The owner needed BATFE approval to import it into the USA.
If the owner did not get BATFE approval to import it into the USA, then it entered into the USA illegally (Federal felony).

Contact a lawyer.

He doesn't need a lawyer. Federal Statute of limitations on the import has long since run. IIRC the military has a specific process for these kinds of things...but that's no matter.

He can fill out the Firearm Ownership Record (http://ag.ca.gov/firearms/forms/pdf/volreg.pdf) and mail it off to DOJ.

dwtt
01-25-2011, 4:42 PM
Since, the handgun was acquired in another country.
The owner needed BATFE approval to import it into the USA.
If the owner did not get BATFE approval to import it into the USA, then it entered into the USA illegally (Federal felony).

Contact a lawyer.

I looked into this since my job might require my employer to send me out of the country and the issue of taking my firearms with me came up, and here is how it works. Let's say I have a Glock that I want to take with me when I go overseas. I would fill out Customs Form 4457 with the US Customs and Border Patrol before departing the States to register that I had owned the gun in the U.S. When I return to the US after the job is over, I would be allowed to re-import the Glock since I had filled out the Form 4457 prior to departure.
Since the relative of the OP bought it in Iraq while serving, I can assume he bought it from a fellow military member and the military has their own procedure for handling personally owned firearms, and the Glock in question was originally from the US. What I outlined above is for us nonmilitary people.

If the Glock was not originally from the US, then the process would be to fill out ATF Form 6, Application and Permit for Importation of Firearms. I don't know if this form is required if someone buys a firearm overseas that was originally from the US.

Any firearms importers know what the real deal is?

pro-nra
01-25-2011, 6:23 PM
He doesn't need a lawyer. Federal Statute of limitations on the import has long since run. IIRC the military has a specific process for these kinds of things...but that's no matter.

He can fill out the Firearm Ownership Record (http://ag.ca.gov/firearms/forms/pdf/volreg.pdf) and mail it off to DOJ.

Is the Federal Statute of limitation the same as California for gun crimes 3 years? How can he prove that this "crime" happened over 3 years ago?

XDshooter
01-25-2011, 6:31 PM
Is the Federal Statute of limitation the same as California for gun crimes 3 years? How can he prove that this "crime" happened over 3 years ago?

Proof isn't on him. "They" would have to prove he did.

jtmkinsd
01-25-2011, 7:38 PM
Is the Federal Statute of limitation the same as California for gun crimes 3 years? How can he prove that this "crime" happened over 3 years ago?

5 years for Federal Statute. Feds have a much more complicated system of figuring the time for the Statute. It depends on the crime, but in general, if the specific crime is not listed with a corresponding time limit, it is five years (which is the case for the OP)

You-Two
01-25-2011, 7:59 PM
Glock Model 19, about 18 years old since 'birth date, acquired while in Iraq through private party while serving in 2001.

Confused...we weren't in Iraq until 2003. Well, maybe some people were, but they probably wouldn't be talking about it on CalGuns.

EOD Guy
01-26-2011, 7:52 AM
The OP didn't say the Glock was in Irag 18 years ago, just that it was 18 years from date of manufacture. It could have been taken to Iraq at any time after that.

Since it was purchased from a military member, it was an illegal handgun both under US and Iraqi law. There is no way importation would have been approved.

You-Two
01-26-2011, 12:19 PM
No...I was confused about the whole acquired in Iraq in 2001 part.

Either way, definitely illegal if acquired overseas and didn't do the proper paperwork to import. Best bet would have been to do the transfer after returning to the states.

Good luck!

Sgt5811
01-26-2011, 12:29 PM
OP delete you post and do a voluntary registration. NOW.