non roster question

[caliboy1321]

This is a hypothetical obviously.

If a friend or relative flew to CA and brought with them some of there "unsafe" hand guns and out of the kindness of there heart decided to GIFT one or ten of those guns. Could the CA resident take possession and then report it on the voluntary registration form and be legit?

[Mssr. Eleganté]

No. That would violate the Federal restriction on firearm transfers between residents of two different States. Federal law requires such transactions to be processed through an FFL, with handguns having the further restriction of having to be processed through an FFL in the recipient's State of residence.

So the transaction would have to go through a California FFL who would have to treat the transfer as a "from out of state" transfer, so the handguns would have to be on the approved roster. The only exception is if the handguns are coming from a "family" member as defined in the California Penal Code (parent, child, grandparent, grandchild). Then the Dealer can use the infrequent family gift exemption to the roster, but not a lot of California FFL's know this or are willing to do it.

[caliboy1321]

What about if they mysteriously ended up in CA do you think that the doj would rather they be registered or bust the ca resident for a "unsafe" hand gun not on the list?

[Quiet]

What about if they mysteriously ended up in CA do you think that the doj would rather they be registered or bust the ca resident for a "unsafe" hand gun not on the list?

CA DOJ and the BATFE would have a field day with you, if the guns mysteriously showed up in CA. So, expect multiple felony charges if this ever happened and sensationalist news headlines stating a gun runner/smuggler was busted.

[xdimitrix]

with handguns having the further restriction of having to be processed through an FFL in the recipient's State of residence.

So the transaction would have to go through a California FFL who would have to treat the transfer as a "from out of state" transfer, so the handguns would have to be on the approved roster. The only exception is if the handguns are coming from a "family" member as defined in the California Penal Code (parent, child, grandparent, grandchild). Then the Dealer can use the infrequent family gift exemption to the roster, but not a lot of California FFL's know this or are willing to do it.

So what you're saying is that private party transfers for non rostered handguns are only allowed if both people are California residents? IE a friend in California can sell me a non roster pistol, but another friend living in Nevada can't drive over here and sell me a non roster pistol?

[paradox]

Would this section of federal law have any baring?

http://caselaw.lp.findlaw.com/casecode/uscodes/18/parts/i/chapters/44/sections/section_922.html

(b) It shall be unlawful for any licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to sell or
deliver -
...
(3) any firearm to any person who the licensee knows or has
reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a
place of business in) the State in which the licensee's place of
business is located, except that this paragraph (A) shall not
apply to the sale or delivery of any rifle or shotgun to a
resident of a State other than a State in which the licensee's
place of business is located if the transferee meets in person
with the transferor to accomplish the transfer, and the sale,
delivery, and receipt fully comply with the legal conditions of
sale in both such States (and any licensed manufacturer, importer
or dealer shall be presumed, for purposes of this subparagraph,
in the absence of evidence to the contrary, to have had actual
knowledge of the State laws and published ordinances of both
States)

[Mssr. Eleganté]

Would this section of federal law have any baring?

http://caselaw.lp.findlaw.com/caseco...ction_922.html

No, that's just the section of Federal law that allows you to buy long guns while you are out of state as long as you buy them from an FFL at his licensed premises.

It doesn't apply to handguns at all.

And because of the "fully comply with the legal conditions of sale in both such States" provision, it doesn't even apply to Californians except for when buying C&R long guns over 50 years old.

[paradox]

No, that's just the section of Federal law that allows you to buy long guns while you are out of state as long as you buy them from an FFL at his licensed premises.

It doesn't apply to handguns at all.

And because of the "fully comply with the legal conditions of sale in both such States" provision, it doesn't even apply to Californians except for when buying C&R long guns over 50 years old.

Doh, I should've caught the rifle and shotgun part.