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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 06-17-2012, 9:46 PM
vonwolfen vonwolfen is offline
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Default Out of state transport (Interstate)

Can a firearm be sent in the mail(ie UPS/Fed-ex) from a father(in Montana) to a son(in LA)? If no, are there any circumstances where it can..ie no firepin with the weapon.

or
Can a firearm(an M4/ar-15) be flown as baggage from out-of-state to LAX, with a bullet button installed? If the person flying and in possession of the firearm is not the registered owner, but a blood relative that has been gifted the firearm and is planning on registering it make a difference?(run on)




3 years(or so) after my original question was answered it finally time to get the firearm...lol
  #2  
Old 06-17-2012, 9:55 PM
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sleepur606 sleepur606 is offline
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I may be wrong, so don't quote me on this, but I believe if it is state to state, it still has to go through an FFL, even if it is family. However, if it is in state, it is up to the states regulations; if you were both in CA, for example, the inter-family transfer is face to face and a fee/form filled out with DOJ.

As far as bringing it in, I think CA rules would apply; as in, so long as it is legal to own, you may be able to fly it in if it is now "yours." <- Could be wrong.
  #3  
Old 06-17-2012, 10:10 PM
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You are saying "firearm" and not saying Pistol/Rifle/Shotgun, so the rules will vary among the three.

If it's UPS/Fedex'ed, it has to go to an FFL. DO NOT use US Postal Service.

Hand carrying it into the state via airline, no hi-capacity mags and centerfires have to be bullet buttoned if it applies.

I don't believe there is a 10 day wait on FTF long guns, but i could be mistaken. Pistols have to go to an FFL for DOJ registration and exemption if they are not on the CA roster. (Intrafamilial transfers don't need to SSE, but they do need to register the handgun as "imported familial exempt")

All of your answers can be found in
Intrafamilial Transfers
http://wiki.calgunsfoundation.org/in...Family_Members

Interstate Transfers
http://wiki.calgunsfoundation.org/in...rms_Interstate
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  #4  
Old 06-17-2012, 11:59 PM
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Quiet Quiet is offline
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Default Gun Control Act of 1968...

Quote:
Originally Posted by vonwolfen View Post
Can a firearm be sent in the mail(ie UPS/Fed-ex) from a father(in Montana) to a son(in LA)? If no, are there any circumstances where it can..ie no firepin with the weapon.

or
Can a firearm(an M4/ar-15) be flown as baggage from out-of-state to LAX, with a bullet button installed? If the person flying and in possession of the firearm is not the registered owner, but a blood relative that has been gifted the firearm and is planning on registering it make a difference?(run on)




3 years(or so) after my original question was answered it finally time to get the firearm...lol
FEDERAL LAWS prohibits the transfer of firearms between residence of different states, unless the transfer is done through a FFL in the recipient's state of residence.
There is no gift exemption to the Federal laws.

It is illegal (Federal felonies) for the father (MT resident) to ship a firearm to the son (CA resident).
It is legal for the father (MT resident) to ship a firearm to a CA FFL dealer, where the son (CA resident) will 4473/DROS + 10 day wait the firearm.

It is illegal (Federal felonies) for the son (CA resident) to travel to MT and for the father (MT resident) to hand the firearm to the son.
It is legal for the father (MT resident) to travel to CA with the firearm and hand the firearm to a CA FFL dealer, where the son (CA resident) will 4473/DROS + 10 day wait the firearm.

In either case, the firearm must be CA legal and the CA FFL dealer can legally charge any amount of money (average $75-150) to facilitate the transfer.
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  #5  
Old 06-18-2012, 2:12 AM
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Librarian Librarian is offline
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Default

Quote:
Originally Posted by SgtMerc View Post
You are saying "firearm" and not saying Pistol/Rifle/Shotgun, so the rules will vary among the three.

If it's UPS/Fedex'ed, it has to go to an FFL. DO NOT use US Postal Service.

Hand carrying it into the state via airline, no hi-capacity mags and centerfires have to be bullet buttoned if it applies.

I don't believe there is a 10 day wait on FTF long guns, but i could be mistaken. Pistols have to go to an FFL for DOJ registration and exemption if they are not on the CA roster. (Intrafamilial transfers don't need to SSE, but they do need to register the handgun as "imported familial exempt")

All of your answers can be found in
Intrafamilial Transfers
http://wiki.calgunsfoundation.org/in...Family_Members

Interstate Transfers
http://wiki.calgunsfoundation.org/in...rms_Interstate
"I don't believe there is a 10 day wait on FTF long guns, but i could be mistaken.' Yes, there is. And except for 50 years old and older long guns, there are no FTF sales in California - the term here is PPT - Private Party Transfer, and it requires a CA-licensed FFL.

See another wiki article, http://wiki.calgunsfoundation.org/Bu..._in_California

"Pistols have to go to an FFL for DOJ registration and exemption if they are not on the CA roster."

Federal law requires interstate transfer of firearms go through an FFL in the state of residence of the receiver.

"(Intrafamilial transfers don't need to SSE, but they do need to register the handgun as "imported familial exempt")" ... which happens when the dealer submits DROS.
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[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.


  #6  
Old 06-18-2012, 8:10 AM
Noobie Noobie is offline
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Transport and transfer is different no? What I got from the question is the Ca resident already owns the firearm legally. Took it out of state for trip or repair, and now wants it sent back to him with a family member or via ups or FedEx.
  #7  
Old 06-18-2012, 8:12 AM
Noobie Noobie is offline
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The more I read the op the more I'm confused as to the hypothetical situation.
  #8  
Old 06-18-2012, 8:53 AM
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Default

Quote:
Originally Posted by Noobie View Post
Transport and transfer is different no? What I got from the question is the Ca resident already owns the firearm legally. Took it out of state for trip or repair, and now wants it sent back to him with a family member or via ups or FedEx.
Quote:
Originally Posted by Noobie View Post
The more I read the op the more I'm confused as to the hypothetical situation.
It's because he's trying to find the answer that he likes.

The OP is a CA resident trying to acquire firearms in another state.

In the past, since 2010, he's asked if it's legal for him to acquire firearms in another state and bring it to CA. He's been told that in order to comply with Federal laws and be legal, the transfer must be done through a CA FFL dealer.

Apparently, he does not like that answer because he keeps asking variations of "is this legal/how can I get this firearm from another state" every year or so.

The Federal laws that mandate the use of a FFL have been in place since 1968 and they are not likely to change in the near future.
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"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; 06-18-2012 at 8:58 AM..
  #9  
Old 06-18-2012, 8:57 AM
Noobie Noobie is offline
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Got it. Good luck with that vonwolfen.
  #10  
Old 06-18-2012, 9:22 AM
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fiddletown fiddletown is offline
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Quote:
Originally Posted by Quiet View Post
It's because he's trying to find the answer that he likes.

The OP is a CA resident trying to acquire firearms in another state.

In the past, since 2010, he's asked if it's legal for him to acquire firearms in another state and bring it to CA. He's been told that in order to comply with Federal laws and be legal, the transfer must be done through a CA FFL dealer.

Apparently, he does not like that answer because he keeps asking variations of "is this legal/how can I get this firearm from another state" every year or so.
...
Good catch.

I just went back and looked at the OP's posting history, and that seems to be exactly what's going on. This isn't about "transport"; it's about interstate transfer.

All of the OP's nonsense aside, this is an interstate transfer and must, under federal law, be done by a California FFL.

The bigger question at this point is why is this waste of bandwidth permitted to continue?
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  #11  
Old 06-18-2012, 12:32 PM
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Librarian Librarian is offline
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Quote:
In the past, since 2010, he's asked if it's legal for him to acquire firearms in another state and bring it to CA. He's been told that in order to comply with Federal laws and be legal, the transfer must be done through a CA FFL dealer.

Apparently, he does not like that answer because he keeps asking variations of "is this legal/how can I get this firearm from another state" every year or so.
Interesting. Thanks for looking.

Federal law on this hasn't changed.

Closed.
__________________
[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.


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