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Old 01-16-2013, 12:08 PM
araywest araywest is offline
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Question Military non-resident gifted hand gun from out of state

After searching and searching I haven't been able to find a clear answer on my situation. So here it goes...

I would like to bring a handgun that my father purchased for me at my home state of Utah. I know in Utah he can gift me that hand gun and I would be set. My problem is the part of me bringing it back to California. Can I just drive there and say thanks with a big hug and a smile and bring it back?? Or do I have to have him ship it to a FFL in california to legally do that transfer.

Here are the details-

Gun glock 23 gen 4. (10 round mags only others would be dismantled for storage)
I'm not a CA resident
Active duty military living off base
28 years old


Other info.. I called the DOJ and was told that I could just go get it and bring it on in to the great state of CA without the high cap mags. He also said I didn't have to register it because im not a resident of CA. I don't really trust his word when I might have to tell a LEO that story when I have a gun that only he can get in cali.


Thanks to everyone who helps out.
-West
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  #2  
Old 01-16-2013, 12:44 PM
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Librarian Librarian is offline
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For gun buying purposes, the BATF thinks that active duty military are citizens of the state where they are stationed via PCS. See the wiki -- http://wiki.calgunsfoundation.org/Fe...ments#Military

That means, ship from Utah to your local CA FFL; it's intrafamilial so the Roster does not apply, but interstate, so the FFL can charge whatever fee he likes.

Any handguns you had when you moved into CA are exempt from registration as a 'new resident'.

Sadly, once again the DOJ telephone-answerer was unaware of Federal law on interstate transfers. To be a tiny bit more fair, the BATF ruling thing is a subtler point than the usual.
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Ask CA law questions in the How CA Laws Apply to/Affect Me Forum - most questions that start 'Is it legal ...' go there.

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Last edited by Librarian; 01-16-2013 at 12:47 PM..
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Old 02-01-2013, 11:22 AM
araywest araywest is offline
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Thank you Librarian. I figured that would be the situation. I have a new problem with getting the gun transferred to California. I have called multiple gun shops in Riverside and San Diego and was told the same as the DOJ informed me. I asked if i could still have the gun shipped to the store and have it transferred through the FFL and was informed that if I were to do it this way i wouldn't be able to get the gun. According to Duncan's Gunworks and Faith Armory if the gun is transferred to them it would be considered a "New gun sale" and they wouldn't be able to Transfer/sell the firearm even if it was a gift from my father.

In a nut shell everyone besides you and the BATF says I can just go pick up the gun or have my father come to California and give it to me. The Dealers seemed to be knowledgeable of the laws and said because it's a Father/Son Transfer it doesn't matter.
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