Hello Everyone, private party transfer...

[v62cobra]

Hello everyone,

Glad to be on the forums. This place rocks! I look forward to waisting many hours of my life staring at these posts!

Anyways,

I got a Ruger P89 9mm from my friend who left for the Army. I've lived in Texas, Missouri, and Washington (always in the middle of nowhere!) and it really wasn't a big deal out there, but I am wondering since I didn't buy it from a dealer, do I have to do any type of documented transfer. Attorney General's site just talked about from a dealer, maybe I missed it. Does my friend need to be present because that's impossible. I don't know when I'll see him next. His MOS is 68W/combat medic so he will be in AIT for awhile and then who knows.

So really just wondering before I start using this P89, what should I do first....

[Robidouxs]

The first question I have for you is regardong where you acquired the pistol: Was it in California or a different state?

[v62cobra]

In CA. I don't know for sure if it's registered in his name. I am assuming it is, but I don't have documentation to prove that.

[Mike's Custom]

In CA. I don't know for sure if it's registered in his name. I am assuming it is, but I don't have documentation to prove that.

First, you should not be posting that you already bought it in CA and did not do a Private Party Transfer. You are in violation as well as the seller. If he is still in CA then get him to go to a FFL dealer and transfer the firearm. if he is not still in CA then... well, I got nothing.

[v62cobra]

Right, let me make a correction. this is all a hypothetical situation that I could be in so....

also, no money let's say acquired not purchased like a gift. He is not in CA. His whereabouts are unknown to me right now.

[Mike's Custom]

All firarms transfers in CA require that a Private Party Transfer be done at a FFL with both parties present or a completed Gun Show Transaction DROS by the seller. The seller must be a CA resident and present a CA acceptable form of ID to be scanned or a copy made of that ID. So, you need to do something else as ignorance of the law is no excuse.

[Cokebottle]

Right, let me make a correction. this is all a hypothetical situation that I could be in so....

also, no money let's say acquired not purchased like a gift. He is not in CA. His whereabouts are unknown to me right now.

Money doesn't matter.... a transfer is a transfer.
You can loan someone a gun for up to 30 days, on day 31 it becomes an illegal transfer.

Okay... hypothetically....

If you were a resident of California, the transfer had to go through a California dealer. There is a period at the end of that sentence.

If you were a resident of California, and he was a resident of California, the transfer had to go through a California dealer.
That is state law

If you were a resident of California, and he was not a resident of California, the transfer had to go through a California dealer.
That is State law AND Federal law.

If you were not a resident of California, and he was a resident of the same state, the transfer must follow the laws of the state that both of you reside in. For some states, that's cash and carry. For other states, a dealer is required.

If you were not a resident of California, and he was a resident of a different state, the transfer had to go through an FFL, and follow the laws of both states.
That is a Federal law.

Depending on what state he was hypothetically a resident of, the gun may or may not be registered to him. Only a few states have handgun registration. Long guns are not registered in California or Federally.
I'm not aware of any states that do require long gun registration, but it wouldn't surprise me if NY and MD did.


Fixing the situation? Tough call. DOJ's main concern seems to be to get the gun into their database.
Hypothetically, if I were in your shoes, (and you KNOW the gun is "clean"... never reported stolen), I would take a trusted friend to a gun shop, pay the $35, and execute a person to person transfer.
That will get the gun into the DOJ system, clear your background check, and also verify that the gun has not been reported stolen, and it does so without you hypothetically admitting guilt to both State and Federal crimes.


Alternatively... and MOST legal.... "bury" the gun until he returns from his tour and is able to go with you to a gun shop to execute a proper transfer.