View Single Post
Old 01-28-2013, 5:15 PM
ke6guj's Avatar
ke6guj ke6guj is offline
CGN Contributor
Join Date: Nov 2003
Location: 909
Posts: 23,795
iTrader: 42 / 100%

Originally Posted by cburn View Post
I just find it odd that even though I transfer the hand gun in my name with Ca DOJ. It is illegal to go pick it up sense it is in another state. For all they know. I already had it in possession.
For instance.
Say my mom handed me her fire arms and said "hey I'm moving to Nevada tomorrow and I want you to have my guns." She gives them to me and she changes her address/ residency the next day. I fill out the paperwork the following week and send it in. In this case. I transfer the guns into my name after she is already a NV resident. Does this now violate federal laws?
we're telling you what the law is and how it applies to the scenario you posted. We won't tell you what you might be able to get away with. Sure you might be able to get away with it claiming she gave them to you in October, but if that is the case, you are already late in filing an intrafamily transfer form. you were supposed to do it within 30-days.

And we don't know if anybody has seen that firearm in her possession between Octoboer and now? did an LEO have reason to note the serial number? did she take to to an FFL to have it repaired? Did she pawn it for a bit? Did she take it to some range that makes you list what firearms you're shooting? did she lend it to a friend? We don't know any of these answers. If any of them were YES, then there miight be a papertrail showing that she didn't leave it with you in Oct.

See, we can only tell you what the law requires you to do. IF your mom is currently an NV resident, FEDERAL law requires her to use a CA FFL to facilitate the transfer of that handgun. It doesn't matter what CADOJ tells you, they don't enforce federal law. You need to call the feds. We can post the federal laws that prohibit it, and you won't find an "intrafamily" exemption in those laws.

Do you want an AOW or C&R SBS/SBR in CA?

No posts of mine are to be construed as legal advice, which can only be given by a lawyer.
Reply With Quote