#1
|
||||
|
||||
Getting conflicting info
So heres a hypothetical scenario for the experts;
BTW, looked at the sticky on familial transfers and the one FFL says CA DOJ has taken a harder stance. Son moves out of state. He purchases off roster pistol and gifts to father in CA....multiple pistols actually. Father files appropriate paperwork with DOJ for transfer- all good. The firearms dealer I talked to says no. FFL was just back from CA DOJ school and says this transaction is for 'Antique or vintage style guns" only. FFL says DOJ considers this skirting the Ca law. Another FFL tells me its OK. Another question is can the son ship the pistol to the father back in CA...or does he have to hand deliver?....... conflicting answers on that one too.
__________________
You don't drown by falling in the water; you drown by staying there.” ― Edwin Louis Cole ------------------------ "Everyone has a plan until they get punched in the face", Mike Tyson Last edited by Beendare; 08-04-2019 at 9:12 AM.. Reason: clarification auto correct |
#2
|
||||
|
||||
So I should clarify.
I realize father son have to go through an FFL- per sticky. The one dealer is saying DOJ still considers this off roster transfer skirting the law somehow. Clarification on the Shipping Q; Can a son ship a gun to his father while the gun is still in the sons name? I realize both parties need to be present for transfer at the Ca FFL.
__________________
You don't drown by falling in the water; you drown by staying there.” ― Edwin Louis Cole ------------------------ "Everyone has a plan until they get punched in the face", Mike Tyson |
#3
|
||||
|
||||
Corrected by Librarian (see below post). I got this one wrong.
The former is legal. The latter is very illegal. It's called a "straw purchase". He may insist he bought the gun for himself. But when he does it 10 times, transferring within a week of purchase, he's probably going to jail. Last edited by tenemae; 08-04-2019 at 10:51 AM.. Reason: Corrected by Librarian |
#4
|
|||
|
|||
See this thread: https://www.calguns.net/calgunforum/....php?t=1179771
Consult with FFL before shipment regarding what sorts of documentation the FFL wants (gift letter, copy of ID from son, etc.) Must go through an FFL, and both parties need not be present as it is not a PPT.
__________________
I am not your lawyer. I am not providing legal advice. I am commenting on an internet forum. Should you need or want legal advice, please consult an attorney. |
#5
|
||||
|
||||
Quote:
So an familial gift is suddenly a straw purchase???
__________________
Only slaves don't need guns We stand for the Anthem, we kneel for the cross We already have the only reasonable Gun Control we need, It's called the Second Amendment and it's the government it controls. What doesn't kill me, better run |
#7
|
|||||
|
|||||
Quote:
Even the 4473 language clarifies that gifts are legal. Quote:
Quote:
Now, if it is NOT a 'bona fide gift', there could be problems. As to what the FFL is saying, that's plain wrong. It may be true that CADOJ is telling that to FFLs, but if so, they are once again Making Stuff Up - that's not what the law says. PC 27875(a) - Quote:
Quote:
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#8
|
||||
|
||||
Thanks Librarian for chiming in...that is what I was looking for.
RE the Dealer; The exact term she used but it was to the effect that the gun has to be a 'Family Heirloom'...otherwise its a straw purchase. She said she just got out of a DOJ seminar and that was their stance. The dealer seemed sincere. Appreciate your posting the wording of those laws..... FWIW, I wanted to make sure this scenario wasn't breaking the law. I would never try to circumvent the law. My son knows that it would be one heck of a good gift to get me something that I cannot buy myself- pretty rare for me to get a gift like that.
__________________
You don't drown by falling in the water; you drown by staying there.” ― Edwin Louis Cole ------------------------ "Everyone has a plan until they get punched in the face", Mike Tyson |
#10
|
|||
|
|||
I second UG Imports. They are easy to work with and they know the law. They are 60 miles from me and I still use them because they are hassle free.
__________________
Anyone can look around and see the damage to the state and country inflicted by bad politicians. A vote is clearly much more dangerous than a gun. Why advocate restrictions on one right (voting) without comparable restrictions on another (self defense) (or, why not say 'Be a U.S. citizen' as the requirement for CCW)? --Librarian |
Thread Tools | |
Display Modes | |
|
|