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ATS76
02-01-2007, 10:27 AM
Is the following scenario legal & proper? Please let me know your experience. Thank you.

A CA resident traveled to another state
Legally acquired several handguns (more than 1, gift etc)
Brought them back to CA
Filed a “NEW resident handgun ownership report” within a few days
Paid $19 per gun
Received “confirmation notice” from DOJ within ? weeks

gose
02-01-2007, 10:51 AM
Is the following scenario legal & proper? Please let me know your experience. Thank you.
A CA resident traveled to another state
Legally acquired several handguns (more than 1, gift etc)
Brought them back to CA
Filed a “NEW resident handgun ownership report” within a few days
Paid $19 per gun
Received “confirmation notice” from DOJ within ? weeks

Since it's an intra state transfer you have to involve an FFL.
Unless the gift(s) is/are from your immediate family, the guns have to be on the approved list.

New resident handgun reports are only for people MOVING into the state.

So what you're outlining above is illegal on a federal level and potentially illegal (regarding the gift situation) on a CA level.

Hunter
02-01-2007, 11:02 AM
Is the following scenario legal & proper? Please let me know your experience. Thank you.

A CA resident traveled to another state
Legally acquired several handguns (more than 1, gift etc)
....


You cannot legally ACQUIRE them. You can legally buy, but NOT take possession of a handgun out of state, unless you are also a resident of the other state. Otherwords you can legally buy a handgun out of state, but it MUST be shipped to a FFL here in the state for transfer to you. YOU CANNOT TAKE POSSESSION, it would be a federal crime. Same for gifts, you cannot take possession out of state.

Cpl_Peters
02-02-2007, 6:29 AM
Since it's an intra state transfer you have to involve an FFL.
Unless the gift(s) is/are from your immediate family, the guns have to be on the approved list.

New resident handgun reports are only for people MOVING into the state.

So what you're outlining above is illegal on a federal level and potentially illegal (regarding the gift situation) on a CA level.


So does that mean that the P220R Carry DAK I have been drooling over (and not on the list) My Grandmother (immediate family) could purchase for me in Indiana then give it to me as a "gift" and I could do the family transfer paperwork and be golden?


That would be awesome.

gose
02-02-2007, 7:27 AM
So does that mean that the P220R Carry DAK I have been drooling over (and not on the list) My Grandmother (immediate family) could purchase for me in Indiana then give it to me as a "gift" and I could do the family transfer paperwork and be golden?

That would be awesome.

You should be good to go...

1911_sfca
02-02-2007, 7:53 AM
So does that mean that the P220R Carry DAK I have been drooling over (and not on the list) My Grandmother (immediate family) could purchase for me in Indiana then give it to me as a "gift" and I could do the family transfer paperwork and be golden?


That would be awesome.

No, that would only work if your grandmother buys the gun, becomes a resident of California, and then transfers it to you.

If it's an inter-state transfer, it has to go through a FFL, meaning that the handgun must be on the list.

paradox
02-02-2007, 8:20 AM
No, that would only work if your grandmother buys the gun, becomes a resident of California, and then transfers it to you.

If it's an inter-state transfer, it has to go through a FFL, meaning that the handgun must be on the list.


Except for intrafamily transfer and probate delivery. It's federal law, look it up.

crazyXgerman
02-02-2007, 8:27 AM
But wouldn't that make the purchase by the grandmother illegal since it is a straw purchase (http://en.wikipedia.org/wiki/Straw_purchase)?

jmlivingston
02-02-2007, 9:29 AM
But wouldn't that make the purchase by the grandmother illegal since it is a straw purchase (http://en.wikipedia.org/wiki/Straw_purchase)?

This has been discussed at length here in the past. The general consensus has been that it is not a straw purchase if it's done appropriately; i.e. the final transfer occurs in a legal manor, where the giftee appropriately receives the firearms through an FFL (if it's an inter-state transfer) or submits the appropriate form and fee's to the DoJ (intra-state transfer). In either of these scenarios the final aquirer of the firearm is no longer "hidden" which is part of what a straw purchase is all about.

I'm sure somebody else here will confirm what I just said, or touch it up if I have an error in there somewhere.

John

paradox
02-02-2007, 9:35 AM
But wouldn't that make the purchase by the grandmother illegal since it is a straw purchase (http://en.wikipedia.org/wiki/Straw_purchase)?


Only if the grandson was not legally able to own or purchase firearms.

Hunter
02-02-2007, 11:23 AM
Except for intrafamily transfer and probate delivery. It's federal law, look it up.

Yes, it is federal law that one can tansfer intrafamily. BUT if it crosses state lines, it must pass thru a FFL dealer. That is Federal law as well!

For us here in CA it still would be OK for offlist guns, but the FFL will have to claim exemption to this on the DROS due to the intrafamily gifting.

Hunter
02-02-2007, 11:30 AM
So does that mean that the P220R Carry DAK I have been drooling over (and not on the list) My Grandmother (immediate family) could purchase for me in Indiana then give it to me as a "gift" and I could do the family transfer paperwork and be golden?


That would be awesome.

Not without having her ship it to a CA FFL for you to perform a DROS and 4473 on it. Since she doesn't live in CA, she cannot give you the handgun directly. Federal and CA laws allow for family gifting. But Federal laws prohibit inter-state tranfers without a FFL involved.

The receiving FFL can site exemption to the safe-handgun list if your GM encloses a gift letter with the handgun to the FFL stating it is just that.