Firearm transfer question?

[blkrifle223]

Hi everyone. I did a search and couldn't find the legal answer on calguns so I was hoping that everyone might be able to help me out.

I want to know the legal ways regarding guns off the roster, here is my situation my brother in-law leaves in another state and he decided that he dont want the firearm anymore and deciding to give it to me as a gift but the problem is the gun is not on the DOJ list, what are the legal ways to tranfer this gun under my name. I have a conversation with one of the Dealer regarding this but not sure if its legal so before taking any steps(i know its free) i need legitimate answer from the expert here in CGN.. Thanks in adv.

[Huzar]

Hi everyone. I did a search and couldn't find the legal answer on calguns so I was hoping that everyone might be able to help me out.

I want to know the legal ways regarding guns off the roster, here is my situation my brother in-law leaves in another state and he decided that he dont want the firearm anymore and deciding to give it to me as a gift but the problem is the gun is not on the DOJ list, what are the legal ways to tranfer this gun under my name. I have a conversation with one of the Dealer regarding this but not sure if its legal so before taking any steps(i know its free) i need legitimate answer from the expert here in CGN.. Thanks in adv.

He's your brother in law livng outside of CA with an off list handgun? Sorry.... there is no way he can transfer teh gun legally to you and if he uses an intermediary then the intermediary is guilty of straw purchase as that person is getting a gun not for themselves but rather for you.

[Greg-Dawg]

A no-no.

[RP1911]

it can be done.

Brother in law gives gun to your wife's parent (that would be his mom or dad) either via transfer if they are in the same state as he or via intrafamilial transfer if the parents are in CA.

Mom or dad do an intrafamilial transfer to your wife. Wife transfers to you.

All legal.

[Huzar]

it can be done.

Brother in law gives gun to your wife's parent (that would be his mom or dad) either via transfer if they are in the same state as he or via intrafamilial transfer if the parents are in CA.

Mom or dad do an intrafamilial transfer to your wife. Wife transfers to you.

All legal.

You have just suggested an illegal transfer. Yes you are obeying the laws but what you suggested is illegal as you're using a third party to transfer a firearm from person A to person B using person C and person C is accepting the firearm with the intention of giving it to person B. Even though there is no money trading hand you are meeting all elements of Straw Purchase........

[Vin496]

You have just suggested an illegal transfer. Yes you are obeying the laws but what you suggested is illegal as you're using a third party to transfer a firearm from person A to person B using person C and person C is accepting the firearm with the intention of giving it to person B. Even though there is no money trading hand you are meeting all elements of Straw Purchase........

I think that is reaching to call that a straw purchase.

As RP1911 said, if the Brother in Law and Parents live in the same state, depending on the State. The most that may be involved is literally just handing the gun over to the parents.

Remember the gun has already been purchased. He is not buying it with the intention of transferring it, it is now a gift. Once he gives the gun to the parents they can do an intra familial transfer to the Wife via your FFL.

Once it's the Wife's it's yours, unless you feel the need to have it in your name. If that is the case then send in your $19 and the DoJ form for it to be in your name.

[RP1911]

A straw purchase is if you buy something in your name and then give it to someone else without paperwork.

[Vin496]

A straw purchase is if you buy something in your name and then give it to someone else without paperwork.

In this State, that's not only a straw purchase but breaks California law as well.

In other cash and carry States that the way it is done. There is no paperwork.

The OP stated his BIL wanted to get rid of a firearm that he owned, but was not on the California "safe roster".

The gun is already purchased, there is no straw purchase involved. If his In Laws live in the same State as his BIL, all depending on that State. All his BIL may have to do is give his parents the gun, and that is it. There is no State registration, no records, and since it's within the State no FFL is needed.

This would not be a straw purchase in any way shape or form.

It's no different than guys who use a out of State FFL to make a gun California compliant.

[freakshow10mm]

if he uses an intermediary then the intermediary is guilty of straw purchase as that person is getting a gun not for themselves but rather for you.

Umm, no. It's not a straw purchase. Look into that a bit more before you advise people.

[mmartin]

check the notes on post #4 on this thread

I think this applies, quoting from there:

It is not a straw purchase.
Next time a FFL says so, show them Section A question 11.a. on page 4 of the ATF Form 4473 (5300.9) Part 1 Revised August 2008 and ask them to explain what's written there.


Quote:
Question 11.a. Actual Transferee/Buyer:
For purposes of this form, you are the actual transferee/buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (e.g.. redeeming the firearm from pawn/retrieving it from consignment, firearm raffle winner). You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party.
ACTUAL TRANSFEREE/BUYER EXAMPLES:
Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/BUYER of the firearm and must answer "NO" to question 11.a. The licensee may not transfer to Mr. Jones.
However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual transferee/buyer of the firearm and should answer "YES" to question 11.a. However, you may not transfer a firearm to any person you know or have reasonable cause to believe is prohibited under 18 USC 922(g), (n), or (x).
Please note: EXCEPTION:
If you are picking up a repaired firearm(s) for another person, you are not required to answer 11.a. and may proceed to question 11.b.

but then I also see this post #7:

The Feds also require transfers of firearms between residents of two different States to go through an FFL, unless the firearm was left to you by somebody who has died. The Feds do not have a "family" exemption to the FFL requirement like California does. So a gifted firearm from your parent who is still alive and residing in another State still has to go through an FFL.

(feel free to check my work and let me know if I've missed something.)
Megan

[Vin496]

check the notes on post #4 on this thread

I think this applies, quoting from there:


but then I also see this post #7:



(feel free to check my work and let me know if I've missed something.)
Megan

To receive the gun from out of State an FFL will be needed on his or his wife's part. I don't think anyone is questioning that at all.

What one person is suggesting is that somehow his BIL(Brother in Law) giving the gun to his In Law so they can intrafamilial transfer it to his wife is a straw purchase.

I disagree as the gun was not purchased with the intent to do this. The gun was purchased and after some time the BIL doesn't want it anymore.

All f this conversation is actually a moot point till the OP chimes back in and lets us know if his In Laws even live out of State/ in the same State as the BIL.

[stillwater562]

CALI- GUN LAWS SUCK! IT SHOULD BE CASH & CARRY & CONCEAL -LEGAL

[IsaacGlass]

CALI- GUN LAWS SUCK! IT SHOULD BE CASH & CARRY & CONCEAL -LEGAL

Thanks for sharing your fantasy with us, now back to reality.

[Vin496]

Thanks for sharing your fantasy with us, now back to reality.

What do you expect, he is a Stryper fan, lol.

[mmartin]

A straw purchase is if you buy something in your name and then give it to someone else without paperwork.

wait I thought that was a gift...?
isn't a straw purchase when you take money from someone else, use their money to buy, register it to you, then give it to them? (their money, their possession, but reg in your name?)
megan