Transfer Question

[Rjoshhopper]

My cousin has a Glock 42 and a Glock 43 in Nevada he is in the Air Force and does not like them. Can he give them to me as a gift? I live inFresno Ca

Thank You for your help

[Quiet]

My cousin has a Glock 42 and a Glock 43 in Nevada he is in the Air Force and does not like them. Can he give them to me as a gift? I live inFresno Ca

Thank You for your help

Nope.
Since you are cousins, the handguns need to be listed on the Roster of Handguns Certified for Sale.


An intra-familial gift of a handgun is exempt from needing to be listed on the Roster of Handguns Certified for Sale.

However, an intra-familial transfer can only be done between immediate family members.
Immediate family members are limited to grandparent, parent, child, and grandchild.
Siblings, aunts, uncles, cousins, neices, nephews, and step-relations are not considered immediate family members.

[kemasa]

If you move out of CA he can. The problem is that the firearms can't be transferred to a CA resident unless the person is exempt, such as a LEO.

[Ewcmr2]

Pass them up to grandma/grandpa and back down to OP?

[Quiet]

Pass them up to grandma/grandpa and back down to OP?

Under Federal laws...
That would be seen as a "straw purchase" on the part of the grandparent.

Under CA laws...
That would be seen as a illegal "structured" transfer. [PC 27515 & 27520]

[onelonehorseman]

My cousin has a Glock 42 and a Glock 43 in Nevada he is in the Air Force and does not like them. Can he give them to me as a gift? I live inFresno Ca

Thank You for your help

No chance to make that work legally, unfortunately.

[Chewy65]

Under Federal laws...
That would be seen as a "straw purchase" on the part of the grandparent.

Under CA laws...
That would be seen as a illegal "structured" transfer. [PC 27515 & 27520]

How is an illegal "straw purchase" under Federal law if both the Grandparent and the cousin are residents of Nevada? In order to transfer from one to the other does Nevada require the use of a FFL and a 4473?

[BigPimping]

Aint happening. Sad but true.

[aspenvalley]

How is an illegal "straw purchase" under Federal law if both the Grandparent and the cousin are residents of Nevada? In order to transfer from one to the other does Nevada require the use of a FFL and a 4473?

I would agree the transfer that happens in Nevada from the cousin to the Grandparent more than likely would not be against the Federal firearm act, but the transfer from the Grandparent to the CA resident would be questionable.

It all depends on intent. If the grandparent purchase the gun from the cousin with the intent of giving in to the ca resident, who is their child, as a gift that would be perfectly legal. That does not sound like the case here.

[Librarian]

How is an illegal "straw purchase" under Federal law if both the Grandparent and the cousin are residents of Nevada? In order to transfer from one to the other does Nevada require the use of a FFL and a 4473?

That's the critical info - the transfer to the grandparent in this case would not be for the grandparent, but for the OP.

The Federal part comes in if a 4473 is required, lying on the 4473 question 11 IIRC.

But even if one avoids that pitfall, still doesn't work for CA.

[aspenvalley]

The only person that would have to fill out a 4473 is a the OP and the OP would not be lying. They want the firearm for themselves.

The issue for OP is he thought it up. If the two parties in NV put the plan together and just called up and said Happy Birthday go pickup you gift at the Gun store, without the OP knowledge, I don’t see how any Federal or State laws would be broken.

It’s all about intent....

[Chewy65]

That's the critical info - the transfer to the grandparent in this case would not be for the grandparent, but for the OP.

The Federal part comes in if a 4473 is required, lying on the 4473 question 11 IIRC.

But even if one avoids that pitfall, still doesn't work for CA.

Correct. The question concerning the CA law issues is whether the Nevada Grandparent is subject to the jurisdiction of the CA law and courts. I don't know much about the long arm statute, but suspect that they are due to the fact that there action has a direct impact in this state.

I don't want to get into the probability that CA DOJ would even suspect a violation.

[scotty99]

[Chewy65]

I believe you mean that it is all about proving intent. To convict the cousin under 20715 you have to show two things.
1. That he knew or had to cause to believe that Grandparent was not the actual transferee. This looks like it will be easy to prove, and
2. That he knew the subsequent transfer was intended to avoid the requirements of the intrafamily exemption to 2540. I don't know if it is enough that the State can prove that cousin knew that for some reason he had to give it to you through the Grandparent.

As for the Grandparent and 20720, they would have to know that they would have to be proven to have had the intent to avoid either the provisions of 20745 or requirements of an exemption to that section. It could be difficult to prove that they had any idea why they were being asked to do this. What if the cousin simply told them that he couldn't gift it because of a matter of military law or some other such nonsense having nothing to do with CA law? Just thinking and not advising.

[edgerly779]

You are SOL.