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View Full Version : moving my fathers "AW"s out of CA to NE.


dark45
05-26-2012, 9:03 AM
so in the near future i plan on visiting my father in California and taking the rest of the weapons there, some hand guns rifles, shotguns, and a few "AW" i tec 9, mac 10, ak, ar 15, things like that. as far as i know i would have to re register the handguns into my name before i could take them. the long guns, i can just take as long as it is before 2014. but what i have no idea about is the registered assault weapons. i am bringing them back to Nebraska, if that matters.

i also plan on selling a few off in California to fund the trip and to help keep a few off list handguns in the state. is there any laws on that as far as i know i can sell 2 or 3 and be ok right?

any advice or help would be appreciated.

taperxz
05-26-2012, 9:44 AM
Your father should at least accompany his RAW and you, to the CA border. You are committing a felony by being in possession without him.

G-forceJunkie
05-26-2012, 9:46 AM
Your father needs to be the one to move the AW's out of california. You cannot possess or transport them in California. Once they are out of california, they are like any other firearm, subject to the laws of where you live.

4DSJW
05-26-2012, 4:48 PM
No comment on the AW's because I'm not sure but I believe that because the other firearms are crossing state lines you will have to send them to an FFL in Nebraska and have them legally transferred to yourself, with associated transfer fees. This is Federal law and would be required even if the firearms are gifted to you. This would NOT be required if your father had passed and bequeathed the guns to you in his will.

Since your father is a CA resident I don't know how all this would play out if they remain his property and are being stored at your home in Nebraska.

There should be no problem doing PPT's on any of the handguns as long as your father is the seller. I "think" you may have a problem using your Nebraska ID as the seller for a PPT. If my memory serves this is not illegal but the DROS form does not make it easy/possible (?).

morrcarr67
05-26-2012, 4:58 PM
No comment on the AW's but I believe that because the other firearms are crossing state lines you will have to send them to an FFL in Nebraska and have them legally transferred to yourself, with associated transfer fees. This is Federal law and would be required even if the firearms are gifted to you. This would NOT be required if your father had passed and bequeathed the guns to you in his will.

Since your father is a CA resident I don't know how all this would play out if they remain his property and are being stored at your home in Nebraska.

Correct.

As for the AW he can take them to NE and do a transfer at a LGS there.

By CA law he can not ship them to a dealer OOS. If he wants to ship them OOS he must find a CA dealer with an AW permit and they must ship them to the OOS LGS for transfer.

Librarian
05-26-2012, 5:16 PM
It certainly looks like a CA-father to NE-son transfer, and if so, that requires an FFL in NE to do the transfer; NE-son could not take possession first, and move the guns to NE.

See also the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/Transferring_firearms_Interstate

dark45
05-26-2012, 11:04 PM
yes CA- father NE-son, i also am technically a CA resident still. and i still have a valid CA ID and CA pistol permit. so as i understand it so far is that if i do the forms for the handguns in my name i can just transport them myself after? the long guns i am correct in i can take them with me on my first visit back? and i will be doing the paper work and everything needed to put them in my name prior to moving them with me. or would it be easier smarter to become an official NE resident then do transfers. the AW need to be shiped from CA FFL to NE FFL to take possession? does anyone know of a FFL in CA near elk grove maybe Sacramento?

Librarian
05-27-2012, 5:25 AM
If you are not yet an NE resident, and only you and NE actually know that, it's MUCH easier to do the CA-father to CA-son intrafamilial. No FFL required, and $19 for the OPLAW form for all the handguns.

Except for the AWs....

As a CA resident, he can't transfer those to you. Or, rather, you are not allowed to receive them.

If he hangs on to the aws and leaves them to you in his will, then as a NE resident you CAN come back and take them out of state with you, when that will is executed.

PC 30915 (http://law.onecle.com/california/penal/30915.html) Any person who obtains title to an assault weapon registered
under this article or that was possessed pursuant to subdivision (a)
of Section 30630 by bequest or intestate succession shall, within 90
days, do one or more of the following:
(a) Render the weapon permanently inoperable.
(b) Sell the weapon to a licensed gun dealer.
(c) Obtain a permit from the Department of Justice in the same
manner as specified in Article 3 (commencing with Section 32650) of
Chapter 6.
(d) Remove the weapon from this state.

Otherwise, it's find the right kind of dealer, ship them to NE, and take possession through a NE FFL. For that to work, NE would have to believe you were an NE resident.

G-forceJunkie
05-27-2012, 5:01 PM
Ist much easier to all the transfers now (except for the AW's) while you are both california residences. The long guns, there is no paperwork, you dad give them to you and you can transport them to NE as you are now the legal owner. For the handguns, fill out the Oplaw form, mail it in with the money, and now the pistols are yours. You can now transport them to NE as they are legally yours now. The AW's as mentioned, your father can:
1) drive them out of california, then ship or deliver them to NE FFL where you would then do a transfer at the FFL.
2) Your father can drive the AW to a California AW dealer who then ships them to an FFL in NE for transfer
3) leave them to you in his will.

choprzrul
05-27-2012, 7:51 PM
If you are moving to central Nebraska, I might be able to advise on dealers. Born, raised, and spent 35 years there.

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