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Transferring a rifle/handgun right before turning 18/21

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  • #16
    halifax
    Veteran Member
    • Oct 2005
    • 4440

    Originally posted by JDay
    Most states don't have a waiting period. Doesn't matter to the ATF anyway and you won't find an FFL willing to risk their license. If you really need to buy it now have a parent/grandparent get it for you then transfer on your birthday. You can even get a handgun this way legally when you turn 18.
    How would I be risking my license if a firearm arrived at my business and a month later a legal aged person came in to claim it?
    Jim


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    • #17
      oogabooga
      Senior Member
      • Oct 2006
      • 601

      I'm sure you know the following info, but might have just misinterpreted the posts:

      Originally posted by JDay
      It doesn't take a month to ship a firearm.
      The firearm can sit at the CA FFL for a finite amount of time, waiting for the buyer to pick it up. The buyer doesn't have to start the DROS the day that the firearm arrives at the CA FFL.

      Originally posted by JDay
      Most states don't have a waiting period. Doesn't matter to the ATF anyway and you won't find an FFL willing to risk their license. If you really need to buy it now have a parent/grandparent get it for you then transfer on your birthday. You can even get a handgun this way legally when you turn 18.
      The fact that most states don't have waiting period doesn't matter since by the time one starts the "California waiting period," he will be of age, in this situation.

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      • #18
        halifax
        Veteran Member
        • Oct 2005
        • 4440

        Originally posted by oogabooga

        The fact that most states don't have waiting period doesn't matter since by the time one starts the "California waiting period," he will be of age, in this situation.
        In fact, CA law has codified language that states the DROS is the "Application to Purchase" ; so, the purchase begins at the time of the DROS.

        PC12071(b)(7)(F)
        Jim


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        • #19
          FS00008
          Senior Member
          • May 2008
          • 1975

          Originally posted by JDay
          You cant legally purchase a firearm until you're 18. Just because you haven't taken possession doesn't matter.
          Specific statute and/or DOJ/ATF regs stating this please? I've always interpreted it as can't take possession until 18/21, not that you can't pay for it just prior to turning 18/21...

          Also, the firearm (or whatever else) doesn't transfer possession until it is 100% paid for. So pay all but one dollar for it and pay that last dollar the day you start the DROS if it's really an issue.
          Last edited by FS00008; 07-25-2009, 8:20 AM.
          "No posts of mine on Calguns are to be construed as
          legal advice, which can only be given by a lawyer."

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          • #20
            halifax
            Veteran Member
            • Oct 2005
            • 4440

            Originally posted by FS00008
            Specific statute and/or DOJ/ATF regs stating this please? I've always interpreted it as can't take possession until 18/21.

            Also, the firearm (or whatever else) doesn't transfer possession until it is 100% paid for. So pay all but one dollar for it and pay that last dollar the day you start the DROS if it's really an issue.
            The BOE doesn't consider the sale to have taken place until the delivery has occurred. I know BOE isn't what this is about but their interpretation of "purchase" might have some weight and may be based on a germane precedent.

            Last edited by halifax; 07-25-2009, 8:28 AM.
            Jim


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            • #21
              oogabooga
              Senior Member
              • Oct 2006
              • 601

              Originally posted by halifax
              In fact, CA law has codified language that states the DROS is the "Application to Purchase" ; so, the purchase begins at the time of the DROS.

              PC12071(b)(7)(F)
              Originally posted by halifax
              The BOE doesn't consider the sale to have taken place until the delivery has occurred. I know BOE isn't what this is about but their interpretation of "purchase" might have some weight and may be based on a germane precedent.

              http://www.calguns.net/calgunforum/s...d.php?t=200321
              That seems pretty clear to me! Nobody else has been able to provide as clear evidence as you have, and the BOE reference seems very relevant for the reasons you have stated.

              Would still be interested in more information about the subject.

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