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Will we see this pistol in CA?

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  • #16
    Wulf
    Senior Member
    • Dec 2005
    • 1311

    I really wonder if they'd notice no matter what you put in there. For instance. If you put the name of your parent in the from whom obtained and "gift" in the How Possession Was Obtained box, would they run the name you put in the box to make sure THEY had filed an OPLaw report on the gun? With only a name and no DL or SSI, such a search wouldent even be that conclusive. What if the parent is an out of state resident... how would they know, would they research it or just figure "well hell, the number didnt come back as stolen and we've got paper on it now. Good enough."

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    • #17
      bwiese
      I need a LIFE!!
      • Oct 2005
      • 27614

      Originally posted by ca_brit
      I'm showing my complete lack of understanding here, but can
      you get an out of state relative to buy the gun then PPT to you?
      Originally posted by Wulf
      I really wonder if they'd notice no matter what you put in there. For instance. If you put the name of your parent in the from whom obtained and "gift" in the How Possession Was Obtained box, would they run the name you put in the box to make sure THEY had filed an OPLaw report on the gun? With only a name and no DL or SSI, such a search wouldent even be that conclusive. What if the parent is an out of state resident... how would they know, would they research it or just figure "well hell, the number didnt come back as stolen and we've got paper on it now. Good enough."
      Well, what you describe above is legal if done in the right way.

      There's no need to worry about what anyone or any system 'notices'; there's nothing nefarious or surreptitious that needs to be done (and if you were doing something illegal on paperwork to acquire a non-Rostered unsafe handgun, you'd be committing document fraud in addition to violating 12125PC et seq).

      CA law allows FFL-free interfamilial transfers of firearms, including non-Rostered handguns, as long as paperwork filed, recipient is not a prohibited person and, IIRC, recipient has a valid HSC card. [I am unsure about age limits for recipients in the case of handguns.]
      No FFL/waiting period needed: granddad gives Junior his S&W Highway Patrolman as a graduation present, Junior papers it w/DOJ and pays a $19 fee.

      However, this does not address Federal law. While the above in-state example is not a problem with Feds, if the interfamiliar transfer were across state lines, *FEDERAL* law requires an intervening FFL dealer to mediate the transfer with 4473 paperwork. [The only exception is for inheritance/probate.] Since a Californian really can't deal with an out of state FFL, the unlisted interfamilial gift gun would come to a CA FFL, and be run thru the DROS computer as 'exempt' from SB15 safe gun BS. [I'm guessing it may not require waiting period either but that may be pushing things far enough.] It may be advisable to have a letter from the giver expressing the name/address of him and recipient, and give a copy to the CA FFL dealer for his files to offer background, if questioned, on why the exempt override on DROS screen occurred.

      "Interfamilial" transfers in CA mean transfers between grandparent, parent, child, grandchild. No cousins, aunts, uncles, etc. (Not sure how 'step'- parent status counts either.)
      Last edited by bwiese; 06-17-2007, 12:27 AM.

      Bill Wiese
      San Jose, CA

      CGF Board Member / NRA Benefactor Life Member / CRPA life member
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