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Old 01-28-2013, 3:46 PM
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Originally Posted by cburn View Post
She moved to Nevada in October and she said she has only changed her bills and her address threw USPS. Her cars / DMV/drivers license , bank is still for California.

Also, I talked to the DOJ. And they said it was perfectly legal to cross state lines with a family members firearm. Even if it is not in my name yet. He also said I just need to fill out the form and make sure I put down my hand gun safety permit number on the form. He also said it will take around 6-8 weeks for paperwork to be complete and that I don't have to wait. I can go pick it up.

Now I'm confused.
Not an uncommon problem.

The CA-DOJ lawyers understand the problem. Unfortunately for callers, the lawyers are not the ones who answer the phone.

Those folks who do answer the phones seldom remember Federal law - which is the governing law on interstate transfers.

So, your understanding is correct, with one minor change - since the gun will go through a CA FFL, DROS does all the registration stuff, and the OPLAW form is not needed; don't file an OPLAW form, and don't let your chosen Local Gun Store tell you all you need is the form - gun store clerks are not a lot better on this point than the CA-DOJ phone answerers.

3. It is a Federal felony to cross state lines with a hand gun that is not registered in your name.
ETA this isn't quite correct, either. It isn't the 'registration' issue, it's where you got the gun compared to where you live. If someone had willed you a handgun, or given it to you, before 1991, it likely would not be associated with you in the state's records. Interstate travel with such a handgun is no problem. It's living in state X and getting possession of (purchase, trade, gift - inheritance is fine) the handgun in state Y, and bringing it back to X, that is the problem.
[Carol Ann voice]The Legislature is baaa-ack .... [/Carol Ann voice]

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.

Not a lawyer, just Some Guy On The Interwebs.

Last edited by Librarian; 01-28-2013 at 3:52 PM..
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