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Okay to privately sell a 'long-gun' not in your name?

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  • Fear58
    Senior Member
    • Aug 2010
    • 1262

    Okay to privately sell a 'long-gun' not in your name?

    So my dad and I decided we'd swap a couple rifles for awhile just to try out, and we both decided that we liked one another's guns better. So I have had now my dad's firearm for a little over a year, and vice versa... we've came to the agreement that these are now our guns.

    Anyhow, I suddenly have interest in selling said rifle to hunt for another rifle my eye is currently on. My father and I live about 6 hours away now, so the transfer process would be a bit difficult.

    I once encountered somebody telling me that being the registered named owner of a long-gun is not a necessary condition in order to privately sell it, although its a different matter for handguns. Is this true? If so, I would avoid getting the gun out of my dads name altogether.

    I'm skeptical about this although, and figured I'd let calgunners chime in on the matter before asking my local FFL and potentially getting laughed at.
  • #2
    Lostsheep
    Senior Member
    • Aug 2010
    • 925

    Long guns are not registered.

    Long guns can be legally transferred directly up and down the family line without the DROS process. (ETA: until 2014)

    IANAL.

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    • #3
      Dead*Reckoned
      Veteran Member
      • May 2010
      • 2643

      you can legally sell you dad's former rifle which is now yours. not a problem.

      Comment

      • #4
        Turo
        Calguns Addict
        • May 2009
        • 5066

        Originally posted by Fear58
        So my dad and I decided we'd swap a couple rifles for awhile just to try out, and we both decided that we liked one another's guns better. So I have had now my dad's firearm for a little over a year, and vice versa... we've came to the agreement that these are now our guns.

        Anyhow, I suddenly have interest in selling said rifle to hunt for another rifle my eye is currently on. My father and I live about 6 hours away now, so the transfer process would be a bit difficult.

        I once encountered somebody telling me that being the registered named owner of a long-gun is not a necessary condition in order to privately sell it, although its a different matter for handguns. Is this true? If so, I would avoid getting the gun out of my dads name altogether.

        I'm skeptical about this although, and figured I'd let calgunners chime in on the matter before asking my local FFL and potentially getting laughed at.
        Long guns aren't "in" anybody's name. And, as the other responses have mentioned, a long gun transfer between father/mother to son/daughter or the other way around don't have to go through a FFL. The long gun is now yours to do with what you wish.
        "The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."
        -Thomas Jefferson

        Comment

        • #5
          Manpants
          Vendor/Retailer
          • Nov 2011
          • 1281

          Don't mean to hijack the thread but would that apply if a friend gave you a Mosin? I was under the impression for rifles that old you only FFL if purchased through a store. Meaning, once purchased you can give/trade etc.

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44627

            Originally posted by Manpants
            Don't mean to hijack the thread but would that apply if a friend gave you a Mosin? I was under the impression for rifles that old you only FFL if purchased through a store. Meaning, once purchased you can give/trade etc.
            Until 2014, 50+ year old long guns can be transferred without an FFL.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

            Comment

            • #7
              Manpants
              Vendor/Retailer
              • Nov 2011
              • 1281

              Thank you. Was just curious since a friend of mine did give me one of my Mosin rifles as a gift for helping him out. He was concerned with it being "registered" since when he purchased it they did DROS it. I tried explaining it to him but he was skeptical.

              Comment

              • #8
                Hyu
                Junior Member
                • Dec 2011
                • 77

                So can my brother who lives out of state buy a rifle bring it back to CA and give it to me as a gift and we can bypass the FFL?

                Any input greatly appreciated thanks.

                Comment

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

                  Originally posted by Hyu
                  So can my brother who lives out of state buy a rifle bring it back to CA and give it to me as a gift and we can bypass the FFL?

                  Any input greatly appreciated thanks.
                  nope, it would be a violation of federal law for a resident of one state to transfer a firearm to a resident of a different state, without using an FFL in the recipient's home state to facilitate the transfer. There is no gift exception. There is no sibling > sibling exemption.
                  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
                    Hyu
                    Junior Member
                    • Dec 2011
                    • 77

                    Thanks for the clarification. Guess I gotta pay the bs CA fees then.

                    Comment

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