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View Full Version : Odd CA Handgun transfer.


1GTO1
02-13-2008, 3:14 PM
I didnt find anything that really seemed like it applied with the search so here goes.

A few years ago I bought my girlfriend (was going to be wife), a ruger p95 in Cali. The gun remained in my name.

She moved back to Washington state and I was going to follow and we began moving my stuff up there, the guns went.

We broke up 3 months later, my stuff was at our/her place in WA.

She met me half way with all my other guns but not that one, since she felt it was hers. I trust her, we get along fine, she is willing to help me fix this to make it legal. Is there anyway we can transfer the firearm to her, without me having to go to WA?

Thanks
GTO

Rhys898
02-13-2008, 4:34 PM
I think this applies to your situation.

According to the DOJ BoF you are not required to do anything. You can, at your option, submit form No Longer in Possession (http://ag.ca.gov/firearms/forms/pdf/nlip.pdf) to have the firearm removed from your name.

Jer

wilit
02-13-2008, 5:42 PM
That DOJ form doesn't help him out. That has nothing to do with legally transferring the pistol from him to his ex. Not quite sure what you'd need to do in this situation.

mymonkeyman
02-13-2008, 6:04 PM
Well the CA form doesn't even consider that you move a pistol out of state. If you gained residency in WA, then you plausibly could have transfered it in WA. WA law doesn't seem to require an FFL for a PPT. If you really want to fill out the CA DOJ firearm, you could say transfered out of state to a third party while not resident of CA. I don't think you have an obligation to fill out an CA form though. CA doesn't make you fill out any form when you leave the state. When you are in WA, and a WA resident, CA law doesn't matter. If WA doesn't require any recordation of a PPT for a handgun, then you would be in the clear.

wilit
02-13-2008, 6:08 PM
Re-reading his original post, it doesn't look like he ever became a resident of WA.

mymonkeyman
02-13-2008, 6:39 PM
Re-reading his original post, it doesn't look like he ever became a resident of WA.

If that is the case, the real issue is federal law. It seems like a big gray area. If it was always his property, i.e. he did not transfer it to her but it was simply stored in her place, then he should: go to WA and get it, drive to CA, give it to a CA FFL, pay money to send it to a WA FFL for her.

You really should have her hire a lawyer and pay for advice. If she isn't willing to do it, you could tell her it's essentially been stolen and you could just report it as such.

Rhys898
02-13-2008, 6:59 PM
Federally, it was a person to person transfer (same state) and requires no paperwork as far as I can tell based on what I can find on the ATF website. See Item B1 in this FAQ http://www.atf.gov/firearms/faq/faq2.htm

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]



He could use the form I linked to and mark the box for sold/transferred.

Look at item #28 on this FAQ http://ag.ca.gov/firearms/pubfaqs.php#14

Am I required to inform the DOJ if I have disposed of a firearm?

If you have disposed of a firearm, you may (but are not required to) submit a Notice of No Longer in Possession [PDF 101 kb / 1 pg] form to have the firearm removed from your name.



Personally once the gun is out of the state the state should no longer be concerned about it, and federally he has broken no laws so...... If all else fails he could always call the atf (from a payphone if he's feeling paranoid) and ask them.

Jer

wilit
02-13-2008, 8:01 PM
Federally, it was a person to person transfer (same state) and requires no paperwork as far as I can tell based on what I can find on the ATF website. See Item B1 in this FAQ http://www.atf.gov/firearms/faq/faq2.htm



He could use the form I linked to and mark the box for sold/transferred.

Look at item #28 on this FAQ http://ag.ca.gov/firearms/pubfaqs.php#14



Personally once the gun is out of the state the state should no longer be concerned about it, and federally he has broken no laws so...... If all else fails he could always call the atf (from a payphone if he's feeling paranoid) and ask them.

Jer

The gun was technically handed over in CA, not WA. So you cannot to a PPT in CA without using an FFL, otherwise you're breaking CA law. That obviously never happened. True in WA you can probably transfer PPT without using an FFL, but that PPT only works if both parties are residents of that state. It doesn't sound like he ever established his WA residency, so they cannot legally do a PPT in WA.

I agree with mymonkeyman. Pick up the gun, drive it back to CA and ship it to a WA FFL and have it transfered legally. Don't take chances when it comes to the BATF.

ViPER395
02-13-2008, 9:54 PM
Demand it back, tell her you're going to report it stolent. Then report it stolen, then report who you know has it. Let nature take its course. She should have given you your gun back in the first place, and you were a fool to let her keep it all this time.

Technically she could go murder her neighbors with it, leave the gun....
Guess who's door the cops are going to be knocking on asking questions?

Are you stupid?

leelaw
02-13-2008, 10:04 PM
The gun needs to be taken back by the OP and shipped to the WA FFL to be transfered to the ex.

You do not need a CA FFL to ship it direct to the other FFL, you can do it yourself.

According to what I've read, it looks like it was an illegal person-to-person transfer by two residents of opposite states (federal), or that it was an illegal transfer between two CA residents (no FFL involvement, no DROS/registration - state issue).

ETA: I agree with teh poster who suggested threatening to report it as stolen. She should have given it back, regardless of how much she "felt" like it was "hers".

1GTO1
02-14-2008, 7:05 AM
Ok, sounds like I am going to have to take a trip.

Could I go there, and then take the gun to a gun dealer in the state and transfer it to her in person there?


I was planning on becoming a WA resident, but that didnt work out.


Thanks for the advice guys.