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Old 09-16-2021, 6:42 PM
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Default Spousal Transfer - Interstate

I apologize if this is addressed elsewhere. I searched this forum and quickly read through and did a keyword search in Librarian's Interstate transfer among some family members thread and did not find what I was looking for.

I have a few questions about spousal transfer.

First: I understand generally* under both Federal and California law that a husband and wife can give each other firearms, loan firearms, and so forth without any involvement of either the BATF nor the California DOJ. Is this correct?

Second: What about interstate transfer between spouses?

My wife and I own homes in two states (California and Tennessee). My wife has been taking care of her parents full time and in doing so has been living full time in our second home. Her full time residency has been in Tennessee for a couple of years, Tennessee drivers license, vehicle registered in Tennessee, etc.

We have guns at both homes, but right now they are all guns I have purchased myself here in California. Last year when Antifa was going absolutely bonkers I almost sent an AR to my wife without even considering the legal ramifications; after all it is my wife and my home. But is that is that legal? I can argue both sides of the issue and in the end conclude yes.

Detail Question/Scenarios under Question Two
  • If my wife purchases firearms in Tennessee and give them to me here in California, by what mechanism can we now import that gun into California?
    If we have to go through an FFL how does that work since spouse-to-spouse is not addressed in the Intrafamilial Transfer laws?

  • Can give it to me and then ship it to me in our California home, or or ship it to herself care of our California home?
    This is what I would like to do - it is no one's business what we give to one another or what guns we take from one home to another (assuming the guns are legal in both locations.)

  • If I want to send my wife a firearm from California to Tennessee what is the legal mechanism?

  • Do we run the potential of going astray of the straw-purchase laws? If so how might we navigate that path?

*Ignoring registered AWs

**The question as to if my wife will be game to deal with going to an FFL and picking up guns and shipping them to me is another discussion altogether!
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