Question About Gun Transport

[BassinDmax]

I've searched around and haven't found an answer to my question. I live in California and my adult son who now lives in Florida still has the Ruger 10/22 I gave him for Christmas some 20 years ago in my safe.

We've talked about getting the gun to him several times over the years, but just haven't followed through on doing it. He's coming out in March for a visit and the topic has come up again. I guess my question is what is the correct way for him to get his gun home?

Can he just take it and check it through airport security on his trip home? Or does it have to be shipped through an FFL since its been in my possession for the past 20 years?

California law is so convoluted and confusing, I just want to make sure we do this correctly. The gun was purchased long before all the current laws were enacted so I no longer have anything showing when it was purchased, don't even know if that matters.

Any info is greatly appreciated, thanks.

[GOLDEN GUN]

It needs to be transferred through an FFL in the state he is a resident of.

It is an interstate interfamilial transfer that will occur in Florida

[P5Ret]

It's not Ca law that you will have an issue with, it's the federal law that would make you both felon's if it is not processed through a FFL dealer in Florida, for the interstate transfer.

[BassinDmax]

Thanks for the quick response guys, got it. I'll let him know to set it up with a dealer in his hometown. My assumption is that I have to ship it from a dealer here, is that correct?

[SkyHawk]

Thanks for the quick response guys, got it. I'll let him know to set it up with a dealer in his hometown. My assumption is that I have to ship it from a dealer here, is that correct?

If the receiving FFL will accept shipments from a private party, then you do not have to send it from a FFL here. You do need to notify the carrier in writing that you are shipping a firearm though. USPS can be used for long guns.

[Huzar]

Ok so if I read this right it is his gun. He needs to look in FL to see if he needs to register it or not, otherwise he just unloads it packs in a gun case and checks it in (there are threads how to do that).

[GOLDEN GUN]

Ok so if I read this right it is his gun. He needs to look in FL to see if he needs to register it or not, otherwise he just unloads it packs in a gun case and checks it in (there are threads how to do that).

No, it was never legally transferred to him

[P5Ret]

Ok so if I read this right it is his gun. He needs to look in FL to see if he needs to register it or not, otherwise he just unloads it packs in a gun case and checks it in (there are threads how to do that).

What part of it is a violation of federal law for him to simply give him the gun to him to take to Florida do you not understand? The feds are clear on interstate transfer's, the fact it has been in the OP's possession for 20 years means that it is in fact an interstate transfer, and subject to federal law requiring a transfer through a dealer in Florida.

[003]

While I am not an attorney, it seems to me if the gun legally belongs to specific person, it does not matter where it is being stored or for how long. The gun still belongs to the son in this case. I see no issue with the son collecting his personal property and taking it home with him on his return to Florida.

What is the difference between that and any of us here visiting anther State and taking one of our guns with us? The gun belongs to the son and has for over 20 years.

"lives in Florida still has the Ruger 10/22 I gave him for Christmas some 20 years ago in my safe."

[P5Ret]

While I am not an attorney, it seems to me if the gun legally belongs to specific person, it does not matter where it is being stored or for how long. The gun still begins to the son in this case. I see no issue with the son collecting his personal property and taking it home with him on his return to Florida.

What is the difference between that and any of us here visiting anther State and taking one of our guns with us? The gun belongs to the son and has for over 20 years.

"lives in Florida still has the Ruger 10/22 I gave him for Christmas some 20 years ago in my safe."

Since an actual attorney on here has commented more than once that under federal law for firearms possession is what counts, and after 20 years of storage with access to it I'd say the OP is in possession of it. I'd err on the safe side, and transfer it through a dealer in Florida.

[Huzar]

What part of it is a violation of federal law for him to simply give him the gun to him to take to Florida do you not understand? The feds are clear on interstate transfer's, the fact it has been in the OP's possession for 20 years means that it is in fact an interstate transfer, and subject to federal law requiring a transfer through a dealer in Florida.

Which part of "I gave him the gun for Xmas" you.missed

[Huzar]

No, it was never legally transferred to him

Double check what was required 20 years ago for a family xfer. BTW iirc state does not keep track of long gun xfers. Or at least they didn't use to.

[P5Ret]

Which part of "I gave him the gun for Xmas" you.missed

None, which part of it has been in the OP's possession for the last 20 years did you miss? The OP has had it in his possession with access to it for 20 years, BATFE considers that a transfer perfectly legal even in Ca without paperwork at the time. Since their opinion matters much more than yours, I'm going with their opinion on it.

[Librarian]

Which part of "I gave him the gun for Xmas" you.missed

Doesn't matter.

As P5Ret has pointed out, Federal law on the point is concerned with possession, not ownership.

If the gun is now possessed (and, in this case, has been for decades) by a CA resident, transfer to a FL resident requires the FFL.

This is utterly impossible to 'reason to'; the whole body of interstate transfer laws amounts to 'malum prohibitum', and even though this has been law since 1968 very few people seem to know (or, many claim not to know) about it.

[BassinDmax]

Thank you all for the responses, much appreciated. I'm going to follow the safe and smart route and have my son set it up with an FFL in Tampa and find out if that dealer will accept private party shipments. If he requires only shipment from another FFL, I'll set it up with one of my local dealers. Again thank you all for quickly answering my question.