Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back > FIREARMS DISCUSSIONS > California handguns
Register FAQ Members List Calendar Mark Forums Read

California handguns Discuss your favorite California handgun technical and related questions here.

Thread Tools Display Modes
Old 01-16-2013, 11:08 AM
araywest araywest is offline
Junior Member
Join Date: Jan 2013
Posts: 2
iTrader: 0 / 0%
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.
Reply With Quote
Old 01-16-2013, 11:44 AM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
Join Date: Oct 2005
Location: Concord
Posts: 33,807
iTrader: 4 / 100%
Blog Entries: 6

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 --

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.
Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.

Last edited by Librarian; 01-16-2013 at 11:47 AM..
Reply With Quote
Old 02-01-2013, 10:22 AM
araywest araywest is offline
Junior Member
Join Date: Jan 2013
Posts: 2
iTrader: 0 / 0%

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.
Reply With Quote

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

All times are GMT -8. The time now is 11:09 AM.

Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host., the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, an Incorporated Company All Rights Reserved.