Unconfigured Ad Widget

Collapse

Gun purchase question

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • long408
    Junior Member
    • Aug 2011
    • 1

    Gun purchase question

    Hi all. I have a question and I hope that I am posting in the correct spot. If not please forgive me haha. Here is my question...

    About a year ago I was visiting my father in Colorado. His old buddy had a S&W pistol for sale and I impolsively bought it. I didnt get any paper work or sign anything off in my name, just the box and the gun and the gun booklet and paper with the serial numbers on it and what not. Now I have the gun here with me at home and I would like to have it registered under my name. I am assuming that would be the best thing to do. How can i go about doing this? Do i need something from the guy back in Colorado? Any info would help. I appreciate it. Thanks
  • #2
    g_conway
    Senior Member
    • Aug 2011
    • 572

    Have FATHER do a family transfer to you.
    G_Conway
    ______________________________________________

    Smith and Wesson... The original Point and Click interface.

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44640

      Oops.

      Common, but serious error. See the wiki link -- Interstate transfer - http://wiki.calgunsfoundation.org/in...rms_Interstate

      In short, the handgun should have run through a CA FFL, because the seller (Father's friend) and the buyer (you) are residents of different states.

      Even an intrafamilial transfer needs the FFL when it is interstate. Your father can't cure this one by that route (although CA-DOJ frequently gives that incorrect advice).

      Even YOU cannot take it to an FFL and get into your own name - it's illegal for you to have it, Federally, before the transaction runs through the FFL.

      So, what to do now?

      If this were just a California issue, the voluntary registration form might cure most of it, at least as far as CA DOJ seems to want to deal with these isolated incidents.

      It's also the case that Feds do not seem too awfully concerned about this mistake, despite statutory punishments listed, but there is no Federal equivalent to the CA volreg process.

      No good advice, unfortunately; Not Supposed To Do That.
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #4
        Flintlock Tom
        Veteran Member
        • Feb 2007
        • 3353

        The only thing you can do to make this legal is to take it back to the original owner (yes, in Colorado) and ask him to ship it to your transfer FFL here in CA. Then go through the DROS process. Which is how the deal should have been done in the first place.
        Also, the gun has to be on the "Not Unsafe Gun" roster.
        Last edited by Flintlock Tom; 08-30-2011, 11:43 AM.
        "Everyone must determine for themselves what level of tyranny they are willing to tolerate.
        I let my CA residency expire in 2015."

        Comment

        • #5
          djleisure
          Veteran Member
          • Aug 2008
          • 4734

          Originally posted by Flintlock Tom
          The only thing you can do to make this legal is to take it back to the original owner (yes, in Colorado) and ask him to ship it to your transfer FFL here in CA. Then go through the DROS process. Which is how the deal should have been done in the first place.
          Also, the gun has to be on the "Not Unsafe Gun" roster.
          The bolded part is only true if he doesn't have his father send it as an intrafamilial transfer. He will just need to make sure the receiving FFL knows that it's an intrafamilial transfer, then fill out the proper paperwork.

          To the OP. Maybe the actual fact is that the gun still belongs to your father and he left it at your place last time he came to visit? Because then it would be legal for you to send it back to him via UPS. Then, if he was in a giving mood, he could send the gun to your local FFL and you could go through the intrafamilial process.

          I dunno, just throwing around some hypotheticals - sometimes people get confused.
          ------------------------------------------------------------
          iTrader protip: When I buy something from you and I immediately pay, then my part is done. That's all I have to do. You can leave me iTrader feedback and go on with your life. When I get the item, I will leave you iTrader feedback, assuming you've already done your part. See how that works?

          Comment

          • #6
            Flintlock Tom
            Veteran Member
            • Feb 2007
            • 3353

            Originally posted by djleisure
            The bolded part is only true if he doesn't have his father send it as an intrafamilial transfer. He will just need to make sure the receiving FFL knows that it's an intrafamilial transfer, then fill out the proper paperwork.

            To the OP. Maybe the actual fact is that the gun still belongs to your father and he left it at your place last time he came to visit? Because then it would be legal for you to send it back to him via UPS. Then, if he was in a giving mood, he could send the gun to your local FFL and you could go through the intrafamilial process.

            I dunno, just throwing around some hypotheticals - sometimes people get confused.
            The OP was looking for a "Legal" way to resolve the issue without lying, cheating or further breaking the law.
            And if you're going to lie why not just claim you had the gun since 1998 and send in the VolReg form?
            I don't think that's what we're about here.
            "Everyone must determine for themselves what level of tyranny they are willing to tolerate.
            I let my CA residency expire in 2015."

            Comment

            • #7
              djleisure
              Veteran Member
              • Aug 2008
              • 4734

              Originally posted by Flintlock Tom
              The OP was looking for a "Legal" way to resolve the issue without lying, cheating or further breaking the law.
              And if you're going to lie why not just claim you had the gun since 1998 and send in the VolReg form?
              I don't think that's what we're about here.
              Understood. It's already been determined that isn't possible... and I *do* think we are about creative solutions. You've just listed another one. Thanks!
              ------------------------------------------------------------
              iTrader protip: When I buy something from you and I immediately pay, then my part is done. That's all I have to do. You can leave me iTrader feedback and go on with your life. When I get the item, I will leave you iTrader feedback, assuming you've already done your part. See how that works?

              Comment

              Working...
              UA-8071174-1