flying long gun back to CA...

[kablooie]

Originally I was planning on having my brother in law in MT FedEx an SKS to an FFL out here and transfer to me following CA laws. Well, plans have changed and I'm flying out to MT in a month on Allegiant Air.

I checked with a FFL in MT and was advised my BIL could simply give me the SKS and it would be considered mine (similar to a private party sale). Am I cool to fly it back to CA with me??

My plan is to use a hard sided case and declaring it at the airport (following the airline rules and tips from http://deviating.net/firearms). Once I get back in CA is there anything I need to do (legality-wise) other than buy ammo and shoot the heck out of it.

[WDE91]

This isnt sounding right to my legal ears
Im thinking there needs to be a DROS

[kablooie]

DROS in MT? if that's what ur meaning, i thought the same thing. The FFL said PP sales dont need to be done at a FFL. my jaw dropped as i complained to him about CA laws.

[kablooie]

http://www.lcav.org/states/Montana_S...aw_Summary.pdf cant copy/paste from this link/pdf.

[WDE91]

Im pretty sure from what I have read and understood
California residents could NOT purchase or take ownership of a firearms without having it transfered through a CA FFL

Though C&R rifles would be different though Im not sure if the SKS qualifies C&R

[fiddletown]

...I checked with a FFL in MT and was advised my BIL could simply give me the SKS and it would be considered mine (similar to a private party sale). Am I cool to fly it back to CA with me??....

No you would not be cool. You would be committing a federal felony by violating 18 USC 922(a)(3), set out below, emphasis added:

(a) It shall be unlawful...
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;...

In other word, except for a couple very narrow exceptions (e. g., bequest by will), you violate federal law if you take possession of a gun in a State other than your State of residence and take it home with you.

One narrow exception is 18 USC 922(b)(3). That says (emphasis added):

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver -

...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;...

In other words, a resident of one State can have a long gun transferred to him by an FFL in another State, as long as the transfer complies with the laws of both the transferee's State of residence and the State in which the transfer takes place. But the rub is that California requires a DROS as well as a 4473, and an FFL in a State other than California will not be able to comply with that requirement.

So the gun will need to be sent to a California FFL to do the transfer.

[kablooie]

No you would not be cool. ...
So the gun will need to be sent to a California FFL to do the transfer.

THANK YOU for the info...... if i'm understanding correctly, then he can still give me the rifle while in MT and then I can FedEx it to a FFL back in here CA (I had one lined up previously, so this wont be an issue) and complete the "transfer". Riiiiiiiiiiiight?
-louie

[paul0660]

That is right, and you can use the mail as well.

[Mssr. Eleganté]

...if i'm understanding correctly, then he can still give me the rifle while in MT and then I can FedEx it to a FFL back in here CA...

Technically, he should ship the rifle to your local FFL. He can't give you the rifle in MT unless it is a temporary loan for sporting purposes.

And as Paul said, he can use the USPS for shipping long guns. He can also use UPS to ship it by air or ground, FedEx Ground to ship by ground, or FedEx Express to ship by air.

[fiddletown]

Just make sure that the California FFL will accept a gun for transfer from an individual. Legally he may, but some will, as a matter of business practice, accept a gun for transfer only from another FFL.

[kablooie]

Technically, he should ship the rifle to your local FFL. He can't give you the rifle in MT unless it is a temporary loan for sporting purposes.

And as Paul said, he can use the USPS for shipping long guns. He can also use UPS to ship it by air or ground, FedEx Ground to ship by ground, or FedEx Express to ship by air.

I think this is nailed down now... Once I get out there, we'll (he'll) ship the rifle via Fedex/UPS (BIL lives a couple miles from a UPS customer center).

Just make sure that the California FFL will accept a gun for transfer from an individual. Legally he may, but some will, as a matter of business practice, accept a gun for transfer only from another FFL.

I've checked with two FFLs in OC (Ade's and RifleGear) and both will accept the SKS via our FedEx/UPS shipment. Turners Torrance is right around the corner but they will charge a processing fee, DROS fee and usage fee/tax (total was like $150 or so, insane).

THANKS ALL FOR THE 411 AND HELPING TO KEEP US OUT OF THE CLINK.
-louie

[WDE91]

I would look into the following FFL's and find out if they will do the transfer
T&A Armory in Santa Ana
Straightline Tactical in Anaheim Ca

[kablooie]

I would look into the following FFL's and find out if they will do the transfer
T&A Armory in Santa Ana
Straightline Tactical in Anaheim Ca

I would love something closer (or in) LA country... around 310 area code.
thanks for the heads up though

[WDE91]

sorry I was not paying attention to your location

Good luck