Buddy Has a 1911 Frame?????????

[1911whore]

I have a buddy(my best friend) he has a 1911 frame and no longer wants it. He thought he was going to build(or have me build for him) a custom 1911 for USPSA limited div. it is a SV and he wants to just give it to me. Can this legally be done. He lives in North Carolina.

[randy]

no it's not legal

[1911whore]

i guess my question is. Is there a legal way for him to give, gift, transfer, or sell me the frame??

[s281c]

i guess my question is. Is there a legal way for him to give, gift, transfer, or sell me the frame??

unfortunately not, because it is not on the "safe" handgun list, nor neither is he an immediate family member.

[1911whore]

can i say he is my brother from another mother???

[bwiese]

can i say he is my brother from another mother???

Nope. If you have a mom, dad, grandparent, or of-age kid or grandkid in that state, the dude could give it to him (depends on state laws there) and then the appropriate recipient party could transfer it to you as 'interfamilial'.

To clarify, an FFL transfer would be required to go across state lines, but there would be a DROS exemption for handgun roster due to Interfamilial.

[leelaw]

can i say he is my brother from another mother???

Intrafamilial transfers are not legal sideways along the family tree, only up and down (parent, child, etc..)

The only legal way to get that into CA is for someone moving into CA to bring it with them, register it, then grow tired of it and sell it.

[1911whore]

thanks

[Kruzr]

Hmmm, since you are a gunsmith and legally must have an FFL to hold a serial numbered piece overnight, you could accept it to work on, log it into your bound book, and just be working on it for a long time.

[dfletcher]

A related question - what if a CA resident already had a 1911 frame in his possession? What if anything can be done to register or lawfully own the frame?

[bwiese]

A related question - what if a CA resident already had a 1911 frame in his possession?
What if anything can be done to register or lawfully own the frame?

It is lawfully owned - you have it. You can retain it as a frame, build it up into a full-house race gun, PPT it to a fellow Calgunner, or hang it off your chandelier.

The only things that would make it unlawful would be:

• if you got it via illegal unpapered-PPT after Dec 31 1990,
• violated Federal law by acquiring it as a Californian outside of CA with no CA FFL involved;
• if you moved into CA with it on/after Jan 1 1998 as a 'personal handgun importer' and didn't register it with DOJ w/requisite $19-per-gun fee.

Until SB15 'safe handgun' laws became active a few years ago, 1911 frames were sold at just about every gunshop in CA.

If the latter case - moving into CA with it on/after 1/1/1998 and failing to register it, one can simply file with DOJ. There is a 'cleanup'/protection in the law that stops prosecution for late filing as a personal handgun importer once a filing is made, no matter how late filing is made.

[dfletcher]

Bill,

Side issue regarding a CA based discussion on another forum (rhymes with "TB"). A WWII vet has a 1911 bring back he wants to sell. He & the gun have been in CA since 1946, never registered. Is there any problem & how does he execute the sale to another CA resident? Would this be a simple PPT or something else involved like having the current owner do DOJ filing?

[s281c]

Bill,

Side issue regarding a CA based discussion on another forum (rhymes with "TB"). A WWII vet has a 1911 bring back he wants to sell. He & the gun have been in CA since 1946, never registered. Is there any problem & how does he execute the sale to another CA resident? Would this be a simple PPT or something else involved like having the current owner do DOJ filing?

all he has to do is ppt it to the buyer, and of course the buyer has to have a HSC.

[m1match]

You can do a face to face private party transfer of any legally owned handgun with a CA resident. A WWII bringback in the state since 1946 certainly would be good for a PPT since it was legally owned in CA long before the Gun Control Act of 1968 or any other California gun regulation.

[1064chubbs]

I had an ffl dealer here in Orange County say he could receive a stripped handgun frame with a serial number and DROS it, I just needed the HSC.