Grandson working in Alaska & handgun

[Dano3467]

Grandson has a job in Alaska, he is off grid, with fishing guild resort.

He is 18, & in possession of a CA lic at this time.

Can he purchase a handgun in that state ? This is bear country.

That said, if an when he returns home, can he gift this to his mom, if he can indeed purchase one.

Or would he be required to sell it there, before returning back to CA?

As always, your insight is appreciated.

[Quiet]

Grandson has a job in Alaska, he is off grid, with fishing guild resort.

He is 18, & in possession of a CA lic at this time.

Can he purchase a handgun in that state ? This is bear country.

That said, if an when he returns home, can he gift this to his mom, if he can indeed purchase one.

Or would he be required to sell it there, before returning back to CA?

As always, your insight is appreciated.

Because he is a 18 year old CA resident, he can not legally purchase/acquire a handgun in Alaska.

Under Federal laws...
... a FFL is required to facilitate the transfer of firearms between residents of different States.
... failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer.
... a FFL can not legally transfer a Title 1 Handgun or a Title 1 Other to a person under the age of 21.

Under Alaska laws...
... the minimum age to legally acquire a handgun from a dealer is 21.
... the minimum age to legally acquire/buy a handgun from a non-dealer is 18.
... the minimum age for a parent/legal guardian to legally give temporary possession of a firearm to their unattended child is 16.
... the minimum age to legally open carry a firearm is 16.
... the minimum age to legally conceal carry a handgun is 21.
... if a non-resident of Alaska has a CCW permit from another State that is honored by Alaska and is 18-20 years old, then their CCW permit is not valid in Alaska due to being under the age of 21.

Under California laws...
... A CA resident that legally acquires any firearm outside of CA must utilize a CA FFL dealer to legally import that firearm into CA.
... Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun and a felony per handgun.
... Firearms imported into CA must be CA legal and if the firearms are handguns, then they must be listed on the Roster of Handguns Certified for Sale or be exempt from it (LEO, C&R, OTP, SAE, SSE2).

[morrcarr67]

Your son needs to stay in AK and give up his CA residence.

[apes]

Having worked in the AK bush for years, though we all had a .44 mag, the firearm we always relied on was a 12 gauge with slugs and 00 buck

[Dan_Eastvale]

So , being 18, it looks like a friend or a stranger can sell or simply give him a pistol since 21 only applies to a dealer.
And he can open carry

[Quiet]

So , being 18, it looks like a friend or a stranger can sell or simply give him a pistol since 21 only applies to a dealer.
And he can open carry

If the transferee is an AK resident, then this can be done legally, because it complies with Federal and AK laws.

If the transferee is a CA resident, then this can not be done legally, because it violates Federal laws.

Since 1968, Federal laws have prohibited the transfer of firearms between residents of different States without the use of a FFL. [18 USC 922(a)(3),(5)]
Failure to utilize a FFL equates to a Federal felony for the transferor and for the transferee. [18 USC 924(a)(1)(D)]

Therefore, in order to be legal under all Federal and State laws...

The 18 year old CA resident must move to AK and become a resident of AK.
This will require surrendering their current valid CA DL for a AK DL and by cutting all ties from CA, so that CA no longer considers that person a CA resident.

*Examples of maintaining your CA residency...
A. Having a valid CA DL/ID.
B. Having a valid active duty Mil ID with permanent orders for CA.
C. Being registered to vote in CA.
D. Renting or owning any property in CA.
E. Being employed in CA.
F. Having vehicles registered in CA.
G. Having children enrolled in a CA K-12 school.
H. Paying any type of insurance in CA.

Once they become an AK resident, then they can legally acquire firearms in AK as long as it complies with Federal and AK laws.
In addition, as an AK resident, if they later move to CA and become a CA resident, then they can legally bring CA legal firearms they acquired in AK, which they intent to keep as a CA resident [PC 17000(a)(7)].
^Within 60 days of moving to CA and becoming a CA resident, they must report all the firearms they brought with them to CA. [PC 27560]
~If they bring handguns they intent to sell once they move to CA, then those handguns must be listed on the Roster of Handguns Certified for Sale or they will be considered an illegal unsafe handgun importer [PC 32000(a)] and illegal unlicensed firearms dealer [18 USC 922(a)(1)(A)].

Note that...
If the 18 year old CA resident simply gets an AK ID and retains their CA DL, then CA will continue to consider them a CA resident.

Which means any firearm they acquire while in AK, will need to remain in AK or be shipped to a CA FFL dealer for legal importation into CA [PC 27585(a)].
Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].

Since the CA resident is under the age of 21, the CA FFL dealer can not legally transfer any handguns to them. [18 USC 922(b)(1) and PC 27505(a)]

Which means any handguns they acquire in AK must remain in AK (stored in a manner that does not violate Federal laws/regulations) or be sold prior to moving back to CA.

[Dano3467]

Thank you Quiet.

Very clear

[rlewpolar]

Thank you Quiet.

Very clear

[9Cal_OC]

I know Librarian is an attorney.

Quiet, not so sure but it appears since these questions are answered very often, it’s a simple copy paste from the sticky that most people don’t read.

[Librarian]

I’ve always wondered, how does Quiet know all this stuff? Is his Google-fu simply superior to everyone else?

He has the same annoying habit that I do - we have both been reading the US Code and CA Penal Code for answers to questions, for about 15 years. A few court cases have been helpful, too.

You, too, can join the group:

CA Penal Code: https://leginfo.legislature.ca.gov/f...nal+Code+-+PEN mostly the ' Control of Deadly Weapons Laws' at 16000 and following

Federal - https://www.law.cornell.edu/uscode/text/18, the gun stuff is almost all at Chapter 44, https://www.law.cornell.edu/uscode/t...t-I/chapter-44

And then look at the wiki - http://wiki.calgunsfoundation.org/index.php/Main_Page

CA law is falling out of date there - I lost write access to the wiki in 2015.

You know when you've been 'steeped enough' when you can cite code sections from memory.

[rlewpolar]

He has the same annoying habit that I do - we have both been reading the US Code and CA Penal Code for answers to questions, for about 15 years. A few court cases have been helpful, too.

You, too, can join the group:

CA Penal Code: https://leginfo.legislature.ca.gov/f...nal+Code+-+PEN mostly the ' Control of Deadly Weapons Laws' at 16000 and following

Federal - https://www.law.cornell.edu/uscode/text/18, the gun stuff is almost all at Chapter 44, https://www.law.cornell.edu/uscode/t...t-I/chapter-44

And then look at the wiki - http://wiki.calgunsfoundation.org/index.php/Main_Page

CA law is falling out of date there - I lost write access to the wiki in 2015.

You know when you've been 'steeped enough' when you can cite code sections from memory.

You are the other guy on here that impresses me. Both of you are a great resource for this site.


Sent from my iPhone using Tapatalk Pro

[hambam105]

In bear country, men carry rifles.

12 Gauge shotguns with slugs sort of crept in there too. Rifles. Not pistols for Alaska Bears.

[lastinline]

His parent can travel with him to Alaska, wherein he temporarily gives his son custody of the handgun. Father flies home. When the kid is done visiting Alaska, father flies back up, and transports his handgun back. Because there was no transfer of ownership, only a temporary loan, would that be a violation of federal law?

[Librarian]

His parent can travel with him to Alaska, wherein he temporarily gives his son custody of the handgun. Father flies home. When the kid is done visiting Alaska, father flies back up, and transports his handgun back. Because there was no transfer of ownership, only a temporary loan, would that be a violation of federal law?

In that set of conditions, how can a neutral observer distinguish that from a transfer?

Dad had the gun. Son now has the gun, and dad does not.

The problem is dad leaving the state and the gun remaining.

[morrcarr67]

His parent can travel with him to Alaska, wherein he temporarily gives his son custody of the handgun. Father flies home. When the kid is done visiting Alaska, father flies back up, and transports his handgun back. Because there was no transfer of ownership, only a temporary loan, would that be a violation of federal law?

If dad wanted to give son a gun it would be better for the son to travel back to CA. Since son is still a CA resident he could come back get the gun from dad and file the OpLaw form, either online or by mail. He could then return to AK with HIS gun.

And, yes it is legal for dad to give 18 year old son a handgun in CA.