Out of State Transfer?

[n2k]

What is the legality of the following:

Person one: Locates and Pays for an out of state firearm.

The firearm is transferred to a CA FFL.

Person two: Does the DROS on "per se" firearm instead of person one.

Both persons can legally obtain and DROS firearms. (The intent is not to describe a straw purchase)

I know a normal process would be for person one to pay and start the DROS and after the waiting period (at some point) a PPT can occur for another 10 day period for person two.

The main question is can someone locate and pay for an item but have someone else DROS the item. (Both consenting to the transaction)

[Matt C]

Does person two then retain the firearm permanently? Why is person one paying?

Gifts are legal, as long as the person that the FFL transfers the firearms to is the one who will keep it, it does not matter who paid for it. This could APPEAR to be a straw transfer and attract attention or cause the FFL to refuse to transfer, even if it is legit.

[n2k]

Does person two then retain the firearm permanently? Why is person one paying?

Gifts are legal, as long as the person that the FFL transfers the firearms to is the one who will keep it, it does not matter who paid for it. This could APPEAR to be a straw transfer and attract attention or cause the FFL to refuse to transfer, even if it is legit.

Thank you for your response:

Person two retains the firearm permanently.

Person one was able to find the item and purchased the item for person two before it was no longer available.

Does the $ transaction dictate who can DROS the item?

[leelaw]

If Person 1 is gifting the gun to Person 2, and Person 2 is planning on permanently keeping possession of it (unless lawfully transfered to another person) then there shouldn't be an issue.

[Matt C]

Thank you for your response:

Person two retains the firearm permanently.

Person one was able to find the item and purchased the item for person two before it was no longer available.

Does the $ transaction dictate who can DROS the item?

No, person one can sell or gift his interest in the firearm (while the FFL still has it) as long as the FFL transfers it to the second person and the first person (or some other party) does not end up with it barring a lawful transfer.

[n2k]

No, person one can sell or gift his interest in the firearm (while the FFL still has it) as long as the FFL transfers it to the second person and the first person (or some other party) does not end up with it barring a lawful transfer.

That is the key I'm looking for.

Is there any regulation that states this? I looked through the CA DOJ site with no luck.

Thank you again.