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  • jamespres2001
    Member
    • Feb 2009
    • 308

    Shipping Lower from Son

    Not sure what to do, thanks for the help

    1) How can my Son ( In AZ) Send me an AR 15 Stripped Lower in the mail?

    2) If I fly to AZ can I bring it back in my checked Luggage? (Without checking it as a 'GUN')
    "It's the Stay Puft Marshmallow Man" (last time I laughed at a movie)
  • #2
    Mssr. Eleganté
    Blue Blaze Irregular
    CGN Contributor - Lifetime
    • Oct 2005
    • 10401

    Originally posted by jamespres2001
    Not sure what to do, thanks for the help

    1) How can my Son ( In AZ) Send me an AR 15 Stripped Lower in the mail?

    2) If I fly to AZ can I bring it back in my checked Luggage? (Without checking it as a 'GUN')
    If you and your son are residents of two different States then Federal law requires that the transfer go through an FFL.
    __________________

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

    Comment

    • #3
      Ding126
      Veteran Member
      • Apr 2008
      • 4392

      Since you are not a resident of AZ. You can not use a FFL in Az to make a transfer to you within the state of AZ. The only way I can see it done properly is if your son ships the lower to a CA FFL and then dros'd to you or your son brings the lower into the state and you do a PPT

      Yes you can check in a pistol, rifle or lower into your checked luggage..the airline doesn't care who it came from or who owns it...only that it is checked in and not carried on...TSA / Airline may require it to be in a locked case within your luggage..you maight call TSA for clarification ( 866-289-9673 )

      I lived in AZ & CA at the same time...traveled back and forth weekely and brought many items with me ( check -in ) so I kind of know the routine.

      I now live in CA full time, so all the fun stuff have been sold and left behind...you can bring the lower back in different ways but to comply with Ca law and make things right/simple..and allow you to sleep at night, I would suggest to just buy a lower locally. IMO

      NOte: I am no expert in CA law or FFL proceedures.

      That reminds me..I need to register my pistols!
      sigpic

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        that FAQ just covers CA law, it does not cover the federal issues with interstate transfers.


        Sec. 478.29 Out-of-State acquisition of firearms by nonlicensees.

        No person, other than a licensed importer, licensed manufacturer,
        licensed dealer, or licensed collector, shall transport into or receive
        in the State where the person resides
        (or if a corporation or other
        business entity, where it maintains a place of business) any firearm
        purchased or otherwise obtained by such person outside that State
        :
        Provided, That the provisions of this section:
        (a) Shall not preclude any person who lawfully acquires a firearm by
        bequest or intestate succession in a State other than his State of
        residence from transporting the firearm into or receiving it in that
        State, if it is lawful for such person to purchase or possess such
        firearm in that State,
        (b) Shall not apply to the transportation or receipt of a rifle or
        shotgun obtained from a licensed manufacturer, licensed importer,
        licensed dealer, or licensed collector in a State other than the
        transferee's State of residence in an over-the-counter transaction at
        the licensee's premises obtained in conformity with the provisions of
        Sec. 478.96(c) and
        (c) Shall not apply to the transportation or receipt of a firearm
        obtained in conformity with the provisions of Sec. Sec. 478.30 and
        478.97.
        You can't acquire a firearm out of state and bring it back to your home state.



        Sec. 478.30 Out-of-State disposition of firearms by nonlicensees.

        No nonlicensee shall transfer, sell, trade, give, transport, or
        deliver any firearm to any other nonlicensee, who the transferor 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 transferor resides: Provided, That
        the provisions of this section:
        (a) shall not apply to the transfer, transportation, or delivery of
        a firearm made to carry out a bequest of a firearm to, or any
        acquisition by intestate succession of a firearm by, a person who is
        permitted to acquire or possess a firearm under the laws of the State of
        his residence; and
        (b) shall not apply to the loan or rental of a firearm to any person
        for temporary use for lawful sporting purposes.
        It is a crime to knowingly transfer a firearm to a non-licensee who does not live in the same state.
        Last edited by ke6guj; 09-11-2009, 4:41 PM.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          jamespres2001
          Member
          • Feb 2009
          • 308

          O.K. It sounds like too much trouble to do what I wanted to do. I do appreciate the discourse.
          "It's the Stay Puft Marshmallow Man" (last time I laughed at a movie)

          Comment

          • #6
            Acorn556
            Senior Member
            • May 2009
            • 2107

            I'm not sure if I'm right in assuming this but I believe your son could bring it into California since he is the owner. It shouldn't require any FFL deals that I'm aware of. Maybe a family transfer paperwork but I'm not exactly sure on this.

            Comment

            • #7
              ke6guj
              Moderator
              CGN Contributor - Lifetime
              • Nov 2003
              • 23725

              Originally posted by Acorn556
              I'm not sure if I'm right in assuming this but I believe your son could bring it into California since he is the owner. It shouldn't require any FFL deals that I'm aware of. Maybe a family transfer paperwork but I'm not exactly sure on this.
              The son could bring the firearm into CA to deliver to a CA FFL, who would then transfer it to the father. The son cannot bring it to CA and directly transfer it to his father. To do so would violate federal law. There is no intrafamily transfer exemption to federal law.

              Sec. 478.30 Out-of-State disposition of firearms by nonlicensees.

              No nonlicensee shall transfer, sell, trade, give, transport, or
              deliver any firearm to any other nonlicensee, who the transferor 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 transferor resides: Provided, That
              the provisions of this section:
              (a) shall not apply to the transfer, transportation, or delivery of
              a firearm made to carry out a bequest of a firearm to, or any
              acquisition by intestate succession of a firearm by, a person who is
              permitted to acquire or possess a firearm under the laws of the State of
              his residence; and
              (b) shall not apply to the loan or rental of a firearm to any person
              for temporary use for lawful sporting purposes.
              Jack



              Do you want an AOW or C&R SBS/SBR in CA?

              No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

              Comment

              • #8
                Vin496
                Calguns Addict
                • Mar 2008
                • 8804

                What happened here?

                Who deleted all the post in this thread, and why?
                I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

                and

                If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

                Comment

                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  wow, no kidding. Looks like all the incorrect and FUD'ish posts got deleted.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    technique
                    I need a LIFE!!
                    • Jan 2008
                    • 10639

                    Originally posted by Acorn556
                    I'm not sure if I'm right in assuming this but I believe your son could bring it into California since he is the owner. It shouldn't require any FFL deals that I'm aware of. Maybe a family transfer paperwork but I'm not exactly sure on this.
                    Originally posted by ke6guj
                    wow, no kidding. Looks like all the incorrect and FUD'ish posts got deleted.
                    ^^^too bad, looks like someone could have learned from others mistakes.^^^
                    California Uber Alles, California Uber Alles
                    Uber Alles California, Uber Alles California

                    I am Governor Jerry Brown, My aura smiles and never frowns, Soon I will be President...

                    Comment

                    • #11
                      Vin496
                      Calguns Addict
                      • Mar 2008
                      • 8804

                      Originally posted by ke6guj
                      wow, no kidding. Looks like all the incorrect and FUD'ish posts got deleted.
                      There was a misunderstanding of the law and it was worked out in perfectly civil post. There was no spreading of incorrect info or FUD. Some didn't completely understand the law, it was talked about and cleared up.

                      Deleting those post served no purpose as can be seen by what is now post #6. If those other post had been left in, maybe he would understand why he is misinformed. It just makes no sense why they were deleted.
                      I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

                      and

                      If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

                      Comment

                      • #12
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        Originally posted by Vin496
                        There was a misunderstanding of the law and it was worked out in perfectly civil post. There was no spreading of incorrect info or FUD. Some didn't completely understand the law, it was talked about and cleared up.
                        maybe FUD'ish was a strong word, but there were posts suggesting that father/son could transfer firearms across state lines. That info was incorrect, and as you mentioned, the thread did educate the posters that were unknowledgable on how federal law affected the transfer.

                        Deleting those post served no purpose as can be seen by what is now post #6. If those other post had been left in, maybe he would understand why he is misinformed. It just makes no sense why they were deleted.
                        correct, the education gained through the posts, and seeing how others were able to process the info is much more beneficial than just seeing some one say something is legal or not.
                        Jack



                        Do you want an AOW or C&R SBS/SBR in CA?

                        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                        Comment

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