California/Arizona/Federal laws on AR gift?

[cc426]

Sorry if this is in the wrong forum

I've been doing a bunch of research on this and I feel more confused than I did before.

Me and my wife live in California. My mother in law lives in Arizona. She has an AR that she wants to give me. The AR is off list but in current config is not CA legal (no BB and 30 rounders). We will be out in Arizona visiting next month.

Here's my question. Can she give me the AR while we are visiting and if I make it CA legal while we are there (add BB and buy a 10 round mag) can I then bring it back home to CA? Does any of this make a difference if she gives it to her daughter/my wife instead of to me?

The research I've done here's what I've come up with:
- Arizona private party transfers are unregulated
-federal law prohibits transfer between residents of 2 different states but that is exempt for a gift
- California does not allow importing "assult weapons" but if made CA legal its just fine

Am I misinterpreting any of the laws here or am I missing something?

Thanks for the help

[Arkangel]

Just have your MIL send in to your local CA FFL. As long as it's properly configured and not banned by name, you should be g2g.


ETA: Removed link, I can't seem to correct it.

[Enfield47]

Here you go:

http://www.calguns.net/calgunforum/s...ad.php?t=50387

??? I think you linked the wrong thread.

[ke6guj]

Sorry if this is in the wrong forum

I've been doing a bunch of research on this and I feel more confused than I did before.

Me and my wife live in California. My mother in law lives in Arizona. She has an AR that she wants to give me. The AR is off list but in current config is not CA legal (no BB and 30 rounders). We will be out in Arizona visiting next month.

Here's my question. Can she give me the AR while we are visiting and if I make it CA legal while we are there (add BB and buy a 10 round mag) can I then bring it back home to CA?

no, you can't. violation of federal law.

Does any of this make a difference if she gives it to her daughter/my wife instead of to me?

nope.

The research I've done here's what I've come up with:
- Arizona private party transfers are unregulated

that may be true, but federal law also applies.

-federal law prohibits transfer between residents of 2 different states but that is exempt for a gift

correct that they prohibit transfers between residents of different states. there is no "gift exemption" to federal law.

[cc426]

That link just sent me to a SoCal shooters meetup?

What about a FTF transfer in Arizona? I figured I could save the $100 or so to ship and dealer fees since I'm going to be out there anyways. But if its a problem then I'll just have it shipped to a FFL

Will FFL accept a shipment from private party out of state? Or does she need to ship it from her ffl in arizona to my ffl in california? How do they charge for that? Is it considered a ppt ($10 + dros) or like a sales transaction (whatever my FFL wants to charge + dros)?

Thanks

[cc426]

no, you can't. violation of federal law.

nope.

that may be true, but federal law also applies.
correct that they prohibit transfers between residents of different states. there is no "gift exemption" to federal law.

I thought I read something about an exemption for "bequests" or is that supposed to be for inheritance ?

[Arkangel]

That link just sent me to a SoCal shooters meetup?

What about a FTF transfer in Arizona? I figured I could save the $100 or so to ship and dealer fees since I'm going to be out there anyways. But if its a problem then I'll just have it shipped to a FFL

Will FFL accept a shipment from private party out of state? Or does she need to ship it from her ffl in arizona to my ffl in california? How do they charge for that? Is it considered a ppt ($10 + dros) or like a sales transaction (whatever my FFL wants to charge + dros)?

Thanks

Here is the Wiki, it should answer all your questions

http://wiki.calgunsfoundation.org/Transferring_firearms_Interstate

Sorry about the other link, it worked in my browser but not on the forum.

[ke6guj]

That link just sent me to a SoCal shooters meetup?

What about a FTF transfer in Arizona? I figured I could save the $100 or so to ship and dealer fees since I'm going to be out there anyways. But if its a problem then I'll just have it shipped to a FFL

it is illegal for a CA-resident to do a FTF transfer in any other state. so, you have to ahve it shipped to your local FFL to do the transfers.

Will FFL accept a shipment from private party out of state? Or does she need to ship it from her ffl in arizona to my ffl in california? How do they charge for that? Is it considered a ppt ($10 + dros) or like a sales transaction (whatever my FFL wants to charge + dros)?

it is legal for them to accept shipments from non-licensees, but not all will. some have company policies to only accept shipments from other FFLs. Yes, if you have it shipped from an FFL, that FFL will probably want to get paid to do that for you. It is not considered a PPT and the receiving FFL can charge whatever they want.

I thought I read something about an exemption for "bequests" or is that supposed to be for inheritance ?

yes, "bequests" refer to inheritance transfers. they are do not refer to gifts when the giver is still alive.

[Librarian]

The sticky for this situation is in the handguns forum (because usually people trying to get an off-Roster handgun have this idea).

http://www.calguns.net/calgunforum/showthread.php?t=503873

[Arkangel]

^^^ That's odd... That's the link I posted, but it didn't work when I posted it in my first reply.

[ke6guj]

^^^ That's odd... That's the link I posted, but it didn't work when I posted it in my first reply.

you posted the first one, Librarian posted the second one. looks like your cut-paste missed the 3 at the end of the URL.

http://www.calguns.net/calgunforum/showthread.php?t=50387

http://www.calguns.net/calgunforum/showthread.php?t=503873

[Arkangel]

you posted the first one, Librarian posted the second one. looks like your cut-paste missed the 3 at the end of the URL.

http://www.calguns.net/calgunforum/showthread.php?t=50387

http://www.calguns.net/calgunforum/s...d.php?t=503873

Well mystery solved, thanks Ke6guj.