So it's a straw purchase then if you are buying something for somebody who is prohibited from it. In the case of alcohol it's a straw purchase if for a minor, and with firearms it's a straw purchase for a prohibited person, except with firearms it seems that we are guilty until proven innocent. What a way to treat law abiding citizens (as criminals since we all know that we are going to give our guns to prohibited people thus becoming criminals ourselves).
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He does not even HAVE to register it.
He has 10 days from when he moves into the state to either
a) register
b) transfer/sell
It does not have to be registered before it can be transferred.Randall Rausch
AR work: www.ar15barrels.com
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Most work done while you wait on a scheduled shop visit.Comment
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If I buy a gun and wait my 10 days and when I pick it up somebody wants to buy it bad enough that I'm willing to sell it. Follow all the rules, that's not a straw purchase.
If I buy a gun for a good deal that I don't want but can turn and make a buck on I do the ffl transfer and then sell it later that's legal too.I move slow but I make up for it by shooting poorly.
When I hit the lotto I'm only shooting factory.Comment
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Thats not a staw purchase. Everyone is checked, and the gun is legally transferred to the new owner. A straw purchase typically goes like this: Gangbanger has girlfriend buy gun because he is a convicted felon and connot legally purchase or own a firearm. Gangbanger takes possession of gun from girlfriend.sigpicin the hands of
OH MY!Comment
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Randall - I know that, you know that, but to cover any issue with CA-DOJ, it was worth the extra step.
And yeah...it's still legal inspite of folks believing that it's not. It's not a straw purchase and is exactly the same as the scenario stated by McCrown.
Rich"Speed is a tactic!" - R.W.
"Pressure is what you feel when you don't know what you're doing." - Chuck Knox
"The callus on my finger is from my trigger, not the keyboard!" - Rob LeathamComment
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Rich, I can only tell you MY experience. In MY experience, I was explicitly told by the DOJ that it - one person transferring it in their name, then me ppting it from them - was not kosher. Your mileage may vary.Comment
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My mileage includes a special investigator and agent with CA-DOJ.
Rich"Speed is a tactic!" - R.W.
"Pressure is what you feel when you don't know what you're doing." - Chuck Knox
"The callus on my finger is from my trigger, not the keyboard!" - Rob LeathamComment
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the only thing i can say about straw purchase in this situation is prove it. its a one time deal. not like your buddy is bouncing his residence back and forth to make this happen multiple times. guy buys a gun, moves to cali, and decides to sell it. burden of proof is on the state. and they will never prove this.Natural selection has arrived!!!Comment
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IANAL, but I believe the difference is the intent at time of purchase. If you were in front of a judge and sworn to tell the truth, at the time of purchase did you intend to keep the item for yourself, or intend to purchase it to sell/transfer it to another person?Comment
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Site all the definitions you want, all I'm telling you is what law enforcement has stated to me and okayed the process before I entered the state.
Paper law vs. application of the law.
Step back slowly from the keyboard and learn to socialize.
Rich"Speed is a tactic!" - R.W.
"Pressure is what you feel when you don't know what you're doing." - Chuck Knox
"The callus on my finger is from my trigger, not the keyboard!" - Rob LeathamComment
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In a few years both of my kids will be going to college in a free state. When they are old enough to purchase handguns, they will buy their dear old dad every non-roster handgun they can afford as well as 1911 frames from Caspian. Strawpurchase? I don't think so. Just buying dad some nice gifts for putting them through school.NRA Life Member
CRPA Life MemberComment
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Yeppers and totally legit.
Rich"Speed is a tactic!" - R.W.
"Pressure is what you feel when you don't know what you're doing." - Chuck Knox
"The callus on my finger is from my trigger, not the keyboard!" - Rob LeathamComment
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its all legal if done through an ffl in california and the purchaser can legally own a firearm. If the first guy could legally buy the gun in his state and moved to california and legally transfered it through an ffl to another guy, no straw purchase took place. When 2 people walk into a gun store and the 1st guy says i want that one, the 2nd guy fills out the info gets the gun and gives it to the 1st guy, thats a straw purchase.Last edited by joemama; 03-12-2010, 9:34 PM.Comment
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I think if you were to actually repeat this portion of your statement to any FFL or the DOJ at time of purchase, you would a very different response.I won't touch the whole family transfer silliness as I'm not clear on the law with that.
What I'm crystal clear on is if you have a friend that's moving to the state, buy it for you, they then register it with the state when they come in (I think $19 and about 2 months for the paperwork to process), he/she can then private party transfer it to you.
I did this for a number of friends when I came home and it's completely legal.
Rich
If you are just buying from someone that owns one and moved here, or buying one for themselves and moved here... you are all set.
But to have someone buy one with only the intent to sell it to you would be Bad Tings since you are not legally permittied to purchase such a firearm here on your own.
I guess no one could know unless you actually stated that was the case???
At least thats my interpretation
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Absolutely wrong as in both times I've moved back here, I had everything cleared by both CA-DOJ and the FFL's doing the various transfers.
There's no difference in me, moving in to the state and selling the gun to a dealer (say a trade for something else) and then you coming in behind me and buying it vs. you and I knowing one another, me moving in to the state and before doing so legally purchasing and registering off list handguns and then in turn selling it to you.
I realize there are folks trying to be Perry Mason, but until you actually know the law, have had multiple conversations with CA-DOJ and their folks that enforce & interpret the law, as well as showed all the above info to the FFL doing the transfer, you really can't intelligently argue the opposition.
Totally legit, whether folks like it or not.
Rich"Speed is a tactic!" - R.W.
"Pressure is what you feel when you don't know what you're doing." - Chuck Knox
"The callus on my finger is from my trigger, not the keyboard!" - Rob LeathamComment
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