Handgun sale and tranfer question...

[SemperFI0321]

Hey I need to know what I need to do on this one.

Ok, I just got out of the Marines recently, and I have a
First sergeant buddy of mine that wants to sell me a XD-40. Well heres the confusing part.

I know you have to dros and do all that, but he's telling me he bought it off another Marine out in Quantico but they never did a transfer because it wasn't required out there. So since then the gun has been from Virginia, to Texas, and now California.

Am I going to be in for a big hassle when we try and get this put in my name?

Semper Fi

[JDay]

He should have registered the handgun with the state within 30 days of bringing it here. All he really needs to do is register it, then the transfer should go through no problem.

[SemperFI0321]

so, regardless of what went on with the sale of the gun out of state he can just walk in to a store here and register it in his name?

it just seems with how picky California is about gun laws, that this whole thing is going to be a headache.

[Vin496]

If you plan on buying it, all you need to do is meet at the FFL and he can sell it to you through a PPT. The FFL will then DROS the gun to you, which will also register it in California. Easy as that.

He doesn't need to register it, then wait for confirmation(which can take months) before he sells it.

If he plans on keeping it, he needs to register it, by law it was supposed to be done within 60 day, but he can not get in trouble for doing it late, unless it comes to the attention of the State through some other means.

[Vin496]

so, regardless of what went on with the sale of the gun out of state he can just walk in to a store here and register it in his name?

it just seems with how picky California is about gun laws, that this whole thing is going to be a headache.

He would actually just mail in a new resident gun registration form and $19 for each handgun he is registering. No FFL is needed for this.

Here is the form.

http://ag.ca.gov/firearms/forms/pdf/ab991frm.pdf

As for you buying it or him registering it, it's not a hassle at all

Remember that prior to 1991 there was no handgun registration in California, so there are many handguns out there that are not in the system.

[SemperFI0321]

If you plan on buying it, all you need to do is meet at the FFL and he can sell it to you through a PPT. The FFL will then DROS the gun to you, which will also register it in California. Easy as that.

He doesn't need to register it, then wait for confirmation(which can take months) before he sells it.

If he plans on keeping it, he needs to register it, by law it was supposed to be done within 60 day, but he can not get in trouble for doing it late, unless it comes to the attention of the State through some other means.

Thanks for the info. Yeah he just brought it out here this past weekend with the sole purpose to sell it to me. Def doesn't seem to bad now. Probably go take care of it this week then.

thanks again!!

[Vin496]

Thanks for the info. Yeah he just brought it out here this past weekend with the sole purpose to sell it to me. Def doesn't seem to bad now. Probably go take care of it this week then.

thanks again!!

I forgot to ask, does he have a California ID? If so no problems, if not then then this isn't a PPT under California law, it's just a gun transfer, and the FFl may charge whatever fees he wants.

[SemperFI0321]

I forgot to ask, does he have a California ID? If so no problems, if not then then this isn't a PPT under California law, it's just a gun transfer, and the FFl may charge whatever fees he wants.

damn, no Cali ID though. Does military ID make any difference?

[ke6guj]

I'd hope that military ID with PCS orders to CA would be acceptable.

Mil ID w/ PCS is good enough to purchase in CA, should be good enough to sell. Whether or not the DROS system will accept the ID, based on previous thread, may not.

[SemperFI0321]

update:

Well my friend ended up giving me the gun for my birthday. Now what do I do to get it registered? I did some searching and all I could find was transfering between family members. He's no longer here, he's still active duty and has gone back to the east coast.

[liketoshoot]

I think if you just fill out the form to register it you should be OK,
I am not 100% on that but I feel if you get it in your name you're good to go.

[SemperFI0321]

where can I find the form? I'm looking at the DOJ website now and can't find anything in their forms?

[ke6guj]

was your friend a CA resident, or on PCS orders to CA when he gave it to you? If not, sounds like a violation of federal law.

Plus the violation of state law by not having it PPT'ed to you at the FFL.

You can try doing a volreg on it, and hoping that CA doesn't care about the state violation. But, that doesn't cover the federal violation.

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

[SemperFI0321]

no he wasn't on PCS orders, he just came out to visit me and some of our buddies down at Pendleton for a memorial. He had brought it out to sell it to one of us, due to him having no need for it anymore. But it was my bday so he just gave it to me.

I want to keep it, but **** if its breaking federal law, I'm calling him back out to take it back right now.

Anyone else have suggestions?

[Vin496]

no he wasn't on PCS orders, he just came out to visit me and some of our buddies down at Pendleton for a memorial. He had brought it out to sell it to one of us, due to him having no need for it anymore. But it was my bday so he just gave it to me.

I want to keep it, but **** if its breaking federal law, I'm calling him back out to take it back right now.

Anyone else have suggestions?

Didn't you read the advice?

The two of you could have just gone to any local FFL and done the transfer. Now you broke State and Federal laws, and to make it worst you just can't send him the pistol. Your going to have to use an FFL on his end, and possibly your end as well.

You asked what needed to be done, you were told what had to happen, then you went and didn't listen to anyone.


All I can think is send it back, have him send it to your local FFL and do the process legally that way. You guys added a lot of extra expense to this.

Here's the cost, if you had done it legal.

friend visits brings gun $0
Your FFL $75(average cost)
total=$75


Now what has to be done to make it right

Ship it back

Your FFL=$50-75
His FFL=$15-30
His FFL(ship it)$15-30
Your FFL(accept it)=75

and you just added a good 7-14 days to your wait.

I know some will say just send in the form. While the State will be O.K. with this, you still broke Federal Law, now will they track you down and punish you, Probably not, but you did ask before he came how to handle this.