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  #1  
Old 03-11-2013, 7:54 PM
jeremywrags jeremywrags is offline
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Default Bought a gun when I lived in OK but left it there, can dad FedEx it to me?

Hi All,

I recently moved from Ok where I purchased a glock 45. I did not have a safe so I kept it in my dad's safe and when I moved back to Cali I completely forgot about it. So my question is can my dad send it to me? It's not a transfer as I already own it just not sure how to get it back without breaking any laws?
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Old 03-11-2013, 8:15 PM
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I think you have to bring it in yourself and register it with the state. Your dad can only ship it to a dealer. You'd probably have to fill out all the fed & state paper work and wait 10 days.
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Old 03-11-2013, 9:15 PM
Super Max Super Max is offline
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The DOJ site says this:

Firearms Information for New California Residents

Handguns
Any person who moves into California and who brings any pistol, revolver, or other firearm capable of being concealed upon the person is considered to be a "Personal Handgun Importer" and is required to do one of the following within 60 days:

Complete and submit a NEW RESIDENT HANDGUN OWNERSHIP REPORT form along with $19.00 to the Department of Justice. A separate report form and $19.00 fee is required for each handgun reported. NEW RESIDENT HANDGUN OWNERSHIP REPORT forms can be obtained from California Department of Motor Vehicles' offices, licensed firearms dealers, local police and sheriff's departments, the California Department of Justice Bureau of Firearms at (916) 227-7527, and from the Online Forms Page at this site.


As far as getting it from OK to CA, I don't believe it can be shipped except to an FFL. Might be less hassle to wait until you visit your dad next.
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Old 03-11-2013, 9:46 PM
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Quote:
Originally Posted by Super Max View Post
As far as getting it from OK to CA, I don't believe it can be shipped except to an FFL. Might be less hassle to wait until you visit your dad next.
YOU can ship it to you; unfortunately, Dad cannot - interstate, has to go to FFL in state of residence, CA in this case. I don't actually know how an FFL handles such a shipment - there's gotta be a charge, and probably DROS.

So, I agree that going back yourself to get the remainder of your stuff, and then filing the New Resident form for any handguns would be the most obviously correct path.
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Old 03-11-2013, 9:56 PM
randyo randyo is offline
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Someone I work with has a similar problem except it's a rifle (Ruger 10/22).
Can this be UPS' d without processing through an FFL?


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Old 03-12-2013, 7:09 AM
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Quote:
Originally Posted by randyo View Post
Someone I work with has a similar problem except it's a rifle (Ruger 10/22).
Can this be UPS' d without processing through an FFL?


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Quote:
Originally Posted by Librarian View Post
YOU can ship it to you; unfortunately, Dad cannot - interstate, has to go to FFL in state of residence, CA in this case. I don't actually know how an FFL handles such a shipment - there's gotta be a charge, and probably DROS.

So, I agree that going back yourself to get the remainder of your stuff, and then filing the New Resident form for any handguns would be the most obviously correct path.
This applies in your friends case too.
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Old 03-12-2013, 8:52 AM
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Quote:
Originally Posted by Librarian View Post
YOU can ship it to you;
Thanks, I didn't realize that.

But it has to be declared to Fedex as a firearm, and Fedex only ships as follows:

B. Firearms

1. Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
i. Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S.or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
ii. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

I don't see any allowance there for shipping to ones self.
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Old 03-12-2013, 9:14 AM
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Quote:
Originally Posted by jeremywrags View Post
...It's not a transfer as I already own it ...
Transfer refers to possession, not necessarily ownership. And the OP's father currently has possession of the gun.

Some definitions of "transfer" (emphasis added):

Let's look at the statutes:
  1. 18 USC 922(a)(3), which provides in pertinent part (emphasis added) as follows:
    Quote:
    (a) It shall be unlawful—
    ...

    (3) for any person, ...to... receive in the State where he resides ...any firearm purchased or otherwise obtained by such person outside that State,...
  2. And 18 USC 922(a)(5), which provides in pertinent part (emphasis added) as follows:
    Quote:
    (a) It shall be unlawful—
    ...

    (5) for any person ... to transfer, sell, trade, give, transport, or deliver any firearm to any person ...who the transferor knows or has reasonable cause to believe does not reside in ... the State in which the transferor resides..;
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Old 03-12-2013, 9:52 AM
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Could the shipment be broken up into two, or even three shipments and be declared a parts shipment? Slide in one, barrel in another, everything else in a final shipment? Or would the slide have to be sent to an FFL, regardless?

Could OP send his Dad all the labels/forms, filled out by himself (not his Dad) and personally call FedEx and schedule the pickup?
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Old 03-12-2013, 10:28 AM
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The part with the serial number is the gun, even when disassembled.

That part would have to go through a FFL, even if disassembled.

That part has to be shipped as a firearm, even if disassembled.
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Old 03-12-2013, 11:58 AM
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Quote:
Originally Posted by Super Max View Post
Thanks, I didn't realize that.

But it has to be declared to Fedex as a firearm, and Fedex only ships as follows:

B. Firearms

1. Carrier will transport and deliver firearms as defined by the United States Gun Control Act of 1968, between areas served in the U.S., but only between:
i. Licensed importers; licensed manufacturers; licensed dealers; licensed collectors; law enforcement agencies of the U.S.or any department or agency thereof; and law enforcement agencies of any state or any department, agency or political subdivisions thereof; or
ii. Where not prohibited by local, state and federal law, from individuals to licensed importers, licensed manufacturers or licensed dealers (and return of same).

I don't see any allowance there for shipping to ones self.
It's BATF that says an owner may ship to himself;
Quote:
6. May I lawfully ship a firearm to myself in a different State?
Any person may ship a firearm to himself or herself in the care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner “in the care of” the out-of-State resident. Upon reaching its destination, persons other than the owner must not open the package or take possession of the firearm.
FedEx and other carriers have business policies that require an FFL on one or the other end of the shipment.
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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.


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