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Inland_Empire_Shooter
08-23-2011, 2:22 AM
Is it legal to take a family members firearms with you in your checked baggage? I called my airline, and am farmiliar with their regulations. But after a search on calguns, a google search, a call to my airline, and a call to my police department I can't get a definite answer. If someone could help me out it would be greatly appreciated.

Also, I am 20 years old, it is my understanding that I can take possesion of my fathers hangun, (bought with my money, but it's in his name) are there special regulations for me traveling to my mother's house in Nevada with the handgun?

Quiet
08-23-2011, 6:06 AM
It is legal, as long as you transport it correctly.


Also, if the handgun is "yours", why doesn't your father just give it to you?
It is legal for a parent/grandparent to gift a handgun to their child/grandchild that is 18 or more years old. [PC 12078(c)(2)]

All that is needed for your father to legally transfer the handgun to you, is he hands you the handgun and within 30 days of recieving the handgun, you mail in an Operation of Law or Intra-Familial Handgun Transaction Report (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) with $19 to CA DOJ BOF.



Penal Code 12078
(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.

Kharn
08-23-2011, 8:00 AM
Buying a gun with someone else's money, with the intent of the other person being the owner, while that other person is unable to legally purchase the firearm themselves, is a straw purchase under federal law...

taperxz
08-23-2011, 8:37 AM
Buying a gun with someone else's money, with the intent of the other person being the owner, while that other person is unable to legally purchase the firearm themselves, is a straw purchase under federal law...

A parent can buy for their child as long as the child is not prohibited.

taperxz
08-23-2011, 8:39 AM
OP, You are good to go.

Inland_Empire_Shooter
08-23-2011, 9:10 AM
Awesome! Thank you guys.

mrrsquared79
08-23-2011, 10:02 AM
Buying a gun with someone else's money, with the intent of the other person being the owner, while that other person is unable to legally purchase the firearm themselves, is a straw purchase under federal law...


My understanding of what the definition of a straw purchase is that the purchase must be made by person A to give to person B because person B is a prohibited person.

As long as person B is not a prohibited person, then it is not a straw purchase. It is only a straw purchase because person B is prohibited.

If I am mistaken, I am sure someone will come along to correct me and cite the pertinent laws.

fiddletown
08-23-2011, 11:04 AM
My understanding of what the definition of a straw purchase is that the purchase must be made by person A to give to person B because person B is a prohibited person.

As long as person B is not a prohibited person, then it is not a straw purchase. It is only a straw purchase because person B is prohibited.

If I am mistaken, I am sure someone will come along to correct me and cite the pertinent laws.You are mistaken.

The offense is violation of 18 USC 922(a)(6), making a false statement on the 4473 (specifically about who is the actual buyer), and has nothing to do with the ultimate recipient being a prohibited person.

See the ATF publication Federal Firearms Regulation Reference Guide, 2005 (http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf), at page 165 (emphasis added):15. STRAW PURCHASES

Questions have arisen concerning the lawfulness of firearms purchases from licensees by persons who use a "straw purchaser" (another person) to acquire the firearms. Specifically, the actual buyer uses the straw purchaser to execute the Form 4473 purporting to show that the straw purchaser is the actual purchaser of the firearm. In some instances, a straw purchaser is used because the actual purchaser is prohibited from acquiring the firearm. That is to say, the actual purchaser is a felon or is within one of the other prohibited categories of persons who may not lawfully acquire firearms or is a resident of a State other than that in which the licensee's business premises is located. Because of his or her disability, the person uses a straw purchaser who is not prohibited from purchasing a firearm from the licensee. In other instances, neither the straw purchaser nor the actual purchaser is prohibited from acquiring the firearm.

In both instances, the straw purchaser violates Federal law by making false statements on Form 4473 to the licensee with respect to the identity of the actual purchaser of the firearm, as well as the actual purchaser's residence address and date of birth. The actual purchaser who utilized the straw purchaser to acquire a firearm has unlawfully aided and abetted or caused the making of the false statements. The licensee selling the firearm under these circumstances also violates Federal law if the licensee is aware of the false statements on the form. It is immaterial that the actual purchaser and the straw purchaser are residents of the State in which the licensee's business premises is located, are not prohibited from receiving or possessing firearms, and could have lawfully purchased firearms...

domino
08-23-2011, 12:59 PM
Also , remember that in CA, you should have a handgun safety certificate for the handgun. I think there are a few exemptions for this, (active duty military is one off the top of my head).

taperxz
08-23-2011, 1:09 PM
Everything in the OP is still ok though!

Son gifted dad money, Dad can gift son gun, (in the same state only)

OP was not real clear about intent. So i am being vague. He certainly won't need an HSC card in Nevada! TSA does not run serial numbers as they are federal. Gun should be in a locked container to and from the airport, in CA.