CA. Resident goes to..........

[GMG]

Arizona. With the help of his daughter (AZ. resident). buys a C&R rifle cash & carry.

He brings the rifle back to CA. and gives it to a friend.

Is an FFL supposed to be envolved in this transaction??

[rromeo]

Yes. As a California resident, you may not purchase a firearm from out of state. If your daughter buys the rifle to give to you, it still must be transferred through a CA FFL.

[steve91104]

If the CA resident has a C&R license he can legally purchase the C&R rifle in AZ and bring it to CA. Not sure if this is what you're talking about, though

[Quiet]

Answer is in this post.

http://www.calguns.net/calgunforum/showthread.php?t=358180

[Mssr. Eleganté]

CA resident goes to Arizona. With the help of his daughter (AZ. resident). buys a C&R rifle cash & carry.

He brings the rifle back to CA. and gives it to a friend.

Is an FFL supposed to be envolved in this transaction??

In this hypothetical situation both the daughter and her father have committed Federal felonies, the daughter by transferring a firearm to someone she knows to be an out of state resident and the father by transporting back into his state of residence a firearm acquired from a private party outside of his state of residence.

[jtmkinsd]

Arizona. With the help of his daughter (AZ. resident). buys a C&R rifle cash & carry.

He brings the rifle back to CA. and gives it to a friend.

Is an FFL supposed to be envolved in this transaction??

From what I see...there are some big problems with your hypothetical.

All of what I say below can be read here:

http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

1st, I'm assuming the CA resident is not an 03FFL (C&R Collector), otherwise if the long gun is truly a C&R he wouldn't have needed "the help of his daughter". What he did is involve his daughter in a crime (granted probably unkowingly...but still...). As a non-03FFL, CA resident, he may not drive to another state, purchase, and take possession of a firearm unless it is an antique (100+ years since manufacture). It must go through an FFL in CA. This is a violation of CA law. Technically, I believe it is not a straw purchase Federally, as generally a straw purchase can only be committed when someone lies on the 4473 where it asks if the person filling out the form is the "buyer/transferee". Someone answering yes, with the intent of passing the firearm to another party is guilty of a straw purchase. In this instance he just completely bypassed the 4473 requirement...major no-no.

2nd, he bought, and transported the gun across State lines, again, it must go through an FFL in CA. Violation of State law and Federal law.

3rd, he gives said gun to an entirely different party. Not in and of itself illegal if it is a true C&R as C&R long guns do not need to go through an FFL when transferred between two CA residents. BUT...an illegally obtained, and transported firearm?

This is a real rats nest of issues...

[GMG]

New Info

Just found out ,supposedly rifle was mfg. in "1895".

So does the 100 yr. old rule come into play?

[rromeo]

There's no 100 year rule. It's 1898 or older. In that case, go for it.

[FS00008]

Uh, are you guys just ignoring the intrafamilial transfer rules...???

daughter>dad is fine. If said C&R rifle is 50+ Years old and in original condition it's fine to go to the neighbor sans FFL.

[rromeo]

Any interstate transfer requires an FFL.

[Maybejim]

Yes. As a California resident, you may not purchase a firearm from out of state. If your daughter buys the rifle to give to you, it still must be transferred through a CA FFL.

You are allowed (I'm pretty sure) to be gifted a gun from your daughter. Can't be a straw purchase but she uses her money to get you a Christmas present. Make sure you give her a nice Christmas present also.

[Mssr. Eleganté]

You are allowed (I'm pretty sure) to be gifted a gun from your daughter. Can't be a straw purchase but she uses her money to get you a Christmas present. Make sure you give her a nice Christmas present also.

Yes, it's perfectly legal to be gifted a firearm from your daughter. But if you and your daughter are residents of two different States then Federal law requires the transfer to go through an FFL.

The OP said that he is a resident of California and his daughter is a resident of Nevada. He also first said that the firearm was C&R. That means the transfer would have to go through an FFL. Now if it turns out the gun was really manufactured before 1899 then it is exempt from the Federal requirement to be transfered through an FFL.