View Single Post
Old 02-12-2018, 6:48 AM
Quiet's Avatar
Quiet Quiet is offline
retired Goon
Join Date: Mar 2007
Location: San Bernardino County
Posts: 23,265
iTrader: 10 / 100%

Originally Posted by Yaworski View Post
That prompts a 'nother kettle of fish.

There's a .22 rifle that I gave him as a kid. It's his. He moved to California after he became an adult but didn't take the rifle because I wouldn't fit. So it sat in my gun cabinet. Can he just take that back and fill out the California paperwork.

Many years ago, I asked my ATF inspector (I was an FFL for 20+ years) about leaving a gun at my father-in-law's house in Florida. His opinion was that unless the intent was to leave the gun for my FIL to use, it wouldn't constitute an illegal transfer. So based on that, my son leaving his gun with me to store wouldn't be an illegal transfer. Of course, a different inspector may have a different opinion as might the AUSA.

So, looking at the form, would the date acquired be the date that I gave it to him so many years ago, or would it be today?
Also per BATFE...
If you have access to the firearm, then it's not considered "strorage".

In order to be considered "storage", the firearm needs to be stored in such a manner that the owner is the only person that can access it.

If the firearm is in a locked container with owner being the only person with the key/combo to the locked container, then it could be considered "storage".
If the firearm is in a safe that someone other than the owner can access, then it's not considered "storage".

Since, it sounds like you had access to the firearm while it was left with you, the firearm was not being "stored" and you retained possession/ownership of it.
Which means, in order to legally be able to transfer it to your son (who is now a CA resident), it will need to be transferred to him through a CA FFL dealer.

1. You (PA resident) ship firearm to CA FFL dealer.
2. CA FFL dealer transfers (4473/DROS/10 day wait) the firearm to your son (CA resident).

"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).

Last edited by Quiet; 02-12-2018 at 6:52 AM..
Reply With Quote