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  • ts
    Banned
    • Apr 2006
    • 1232

    Need your guys help on a MAC

    Hey guys, I am only 20 years old and I was recently informed that I cannot purchase a handgun, but I can own one legally if given to me by a family member. I found this on Atlantic Firearms. The price is great, and even better I already own pre-ban hi-cap mags for it. Everyone who knows me on this forum knows that I do not ever want to do anything illegal. I have family in NY and a sister who goes to college in Arizona. Now I know the only ways to transfer this to me are listed below:

    father to son
    father to daughter
    son to father
    daughter to father
    mother to son
    mother to daughter
    son to mother
    daughter to mother
    grandfather to grandson
    grandfather to granddaughter
    grandson to grandfather
    granddaughter to grandfather
    grandmother to grandson
    grandmother to granddaughter
    grandson to grandmother
    granddaughter to grandmother
    wife to husband
    husband to wife

    So, if I get my sister to pick one up for me, give it to my father, and then he could give it to me - would that be legal? Also I do realise that it does have a threaded barrel, and that makes it an AW in CA, does anyone know of any thread protectors that I can weld on there? To make it 100% CA legal. I would also like this gun to be registered in my name. Would my sister have to go threw an FFL or just give it to my father? Where does an FFL come into play here? Any ideas or suggestions guys?

    Thanks a lot,
    Tony
  • #2
    scootergmc
    Veteran Member
    • Mar 2006
    • 4089

    Wow. I think you just described a straw purchase. You= can't buy gun. Sister= buy gun for you.

    You said it, not me.

    So, if I get my sister to pick one up for me


    I know what you're really trying to get at, but all you're doing is describing a straw purchase by stating it how you are.

    Comment

    • #3
      Matt C
      Calguns Addict
      • Feb 2006
      • 7128

      Not to mention that your sister would actually have to move here(and get a CA ID) and register it(personal handgun importer) just to sell it to you. At least, that's the DOJ opinion, nothing in the PC backs it up.
      I do not provide legal services or practice law (yet).

      The troublemaker formerly known as Blackwater OPS.

      Comment

      • #4
        blkA4alb
        Moderator Emeritus
        CGN Contributor - Lifetime
        • Feb 2006
        • 3576

        Handguns not on the safe list can be gifted into the state, just ask Lunde.
        Please, calm down.

        Comment

        • #5
          ts
          Banned
          • Apr 2006
          • 1232

          but I thought if it was an inter family thing it could cross state lines, say my sister giving it to my father. that would be a daughter to father and that would not require an FFL. Would that still be illegal because it crosses state lines?

          Comment

          • #6
            Matt C
            Calguns Addict
            • Feb 2006
            • 7128

            Originally posted by blkA4alb
            Handguns not on the safe list can be gifted into the state, just ask Lunde.
            The feds don't have a problem with an interstate transfer with no FFL?
            I do not provide legal services or practice law (yet).

            The troublemaker formerly known as Blackwater OPS.

            Comment

            • #7
              CALI-gula
              Calguns Addict
              • Jan 2006
              • 7063

              Well, I understand the wish to get one if you had a thing for 30 round mags and had them already. But if you had some "NORMAL" capacity magazines for a Glock, it would probably be wiser to spend your money on another Glock - maybe in a model you don't already have? So much easier to do, and little question about procedure to get it legally. And likely a much better gun even with their message of "not like the other junky Jamo O matic Mac's on the market". That statement is almost an oxymoron.

              What you are describing appears legal - except for the straw purchase part!! Interfamilial transfers means a parent or grand-parent must give it to you. If that is the case, why get your sister involved at all with purchasing it in the first place? That seems to add an element of risk to this, having her as the first purchaser.

              Good luck in your quest. But you should save your money and buy a really good handgun(s) when you turn 21 without risking potential problems. Set aside the want for Uzis and Macs for now. They are fun novelty items but you may want to look into some finer-made handguns to improve upon shooting skills, some that you may not be able to acquire a few years from now due to CA requiring Magazine Disconnects AND Loaded chamber indicators. (And in the future, people will be less likley to sell them by PPT or consignment when this law catches up to the average Joe).

              I will say that nobody can excuse you of not having any ambition!!

              .
              Last edited by CALI-gula; 02-09-2007, 7:07 PM.
              ------------------------

              Comment

              • #8
                Mssr. Eleganté
                Blue Blaze Irregular
                CGN Contributor - Lifetime
                • Oct 2005
                • 10401

                Originally posted by tonyayo
                but I thought if it was an inter family thing it could cross state lines, say my sister giving it to my father. that would be a daughter to father and that would not require an FFL. Would that still be illegal because it crosses state lines?
                The "family" exemption to FFL transfers is only a California thing. It is an exemption to California's FFL transfer requirements.

                The Feds have no such "family" exemption so the transfer would have to go through an FFL. And once an FFL is involved then you have to deal with the 21 year old age limit for handguns that the Feds impose on FFL's.

                Since you aren't 21 yet, the only way for you to get a handgun would be for your parent, grandparent or spouse (we'll forget the child/grandchild option because of your age. I hope! ) who is already a California resident to transfer it to you via the OpLaw method.

                There is a Federal exemption for interstate firearms transfers involving inheritance. So if your parent or grandparent left you a handgun when they died, it could be shipped right to you. This method uses the combination of the Federal exemption for inherited firearms and the California exemption for "family" transfers. You only have to be 18 years old to get a handgun this way.
                __________________

                "Knowledge is power... For REAL!" - Jack Austin

                Comment

                • #9
                  Tweak338
                  Veteran Member
                  • Aug 2006
                  • 4076

                  The MAC that you linked us to has a threaded barrel...
                  DD's Ranch has some Masterpiece Arms ones that are side cocking
                  *edit* nevermind.. it seems the one DDs ranch has a threaded barrel too..
                  Last edited by Tweak338; 02-09-2007, 6:58 PM.

                  Comment

                  • #10
                    The SoCal Gunner
                    Veteran Member
                    • May 2006
                    • 3319

                    I fail to see where it is a straw purchase. He can't legally buy it but he can legally own it if it were given to him by a parent or grandparent.

                    Straw purchase is where a person buys it to give it to someone who can't legally own it due to prohibiting felony. In this case, he can legally own it assuming the firearm is ok in CA.

                    Comment

                    • #11
                      CALI-gula
                      Calguns Addict
                      • Jan 2006
                      • 7063

                      Originally posted by lilxboi
                      I fail to see where it is a straw purchase. He can't legally buy it but he can legally own it if it were given to him by a parent or grandparent.

                      Straw purchase is where a person buys it to give it to someone who can't legally own it due to prohibiting felony. In this case, he can legally own it assuming the firearm is ok in CA.
                      True - but the sister's purchase part in another state isn't good. He should get his parent or grand-parent in CA to buy it without adding the out-of-state sister to the mix.

                      .
                      ------------------------

                      Comment

                      • #12
                        69Mach1
                        Super Moderator
                        CGN Contributor - Lifetime
                        • Jan 2006
                        • 15032

                        Be patient. The Mac 10, or whatever they're called, will be submitted for CA testing soon. Without the threaded barrel of course.
                        sigpic
                        69Mach1
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                        Comment

                        • #13
                          CALI-gula
                          Calguns Addict
                          • Jan 2006
                          • 7063

                          Originally posted by 69Mach1
                          Be patient. The Mac 10, or whatever they're called, will be submitted for CA testing soon. Without the threaded barrel of course.
                          Just how it would get around the Loaded Chamber Indicator requirement? It's no longer an "OR" it's now an "AND" so it must have both a loaded chamber indicator and a magazine disconnect. Is somebody working on something that has these features?
                          ------------------------

                          Comment

                          • #14
                            c good
                            Veteran Member
                            • Oct 2005
                            • 2658

                            I'm not sure about the use of the larger capacity mags even if you were able to get this. I believe you had to be of legal age to own the mag at the time of the ban on Jan 1, 2000. If you are not 21 yet, then I don't believe you could be in posession of a larger cap mag, no matter what type of weapon you were able to have handed down to you. Again, I'm not positive about this. Maybe I'll post this as a question in a fresh thread. c good

                            Comment

                            • #15
                              762cavalier
                              NRA Training Counselor
                              CGN Contributor
                              • Oct 2005
                              • 3626

                              c good- there is NO age requirement to buy magazines. You can go to a gunstore or gunshow and as long as you are able to give the man(or woman) your money you can purchase firearm accessories. Age limits only apply to actual firearms(including bb guns ) and ammunition.
                              In any type of fight, & especially gun fights, there are no winners ..... just varying degrees of losers. The only fight you win is the one you never get into.

                              sigpic
                              NRA Certified Instructor
                              Rifle, Pistol, Shotgun, Home Firearms Safety,Muzzleloading, Personal Protection Series, Chief Range Safety Officer, Refuse to be a victim Regional counselor

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