so is this legal?

[Czsp-01-9mm]

my brother will be moving down here in a few weeks from oregon, i was wondering if he could buy a gun up there and move to California then ppt to me after he is a legal CA resident, since it a ppt roster shouldnt matter but mags must be taken apart if over 10rds before entering CA, i know its probably legal, but you never now laws change so often

[Fritz265]

He can't sell or even GIVE you the high capacity magazines. Is that what you're asking?

[Czsp-01-9mm]

He can't sell or even GIVE you the high capacity magazines. Is that what you're asking?

if its taken apart and made into a part kit im sure its legal, i wouldnt be able to put them back together unless i blocked them to 10rds

[CGT80]

Your brother buying a gun with intent to sell to you is a straw purchase. I don't remember if it is a against the law just here or if it is a federal law. If he happened to buy some guns there and later decided he didn't like them anymore, once he moved here, and chose to sell them, it would be legal. The difference is the intent to resell, and the fact that it is to get around a law here.

I'm sure others will have more info.

I think you got it right. A pile of magazine parts is OK, but an assembled standard/high cap is a no go. Some people here will take their parts out of state with them to be later be used as a magazine where restrictions don't exist and others block them to 10 rounds.

[stix213]

Your brother buying a gun with intent to sell to you is a straw purchase. I don't remember if it is a against the law just here or if it is a federal law. If he happened to buy some guns there and later decided he didn't like them anymore, once he moved here, and chose to sell them, it would be legal. The difference is the intent to resell, and the fact that it is to get around a law here.

I'm sure others will have more info.

I think you got it right. A pile of magazine parts is OK, but an assembled standard/high cap is a no go. Some people here will take their parts out of state with them to be later be used as a magazine where restrictions don't exist and others block them to 10 rounds.

^^^^

Buying guns for the purpose of selling is not legal unless you're a licensed gun dealer.

Buying a gun in Oregon, moving to California, and then later selling the gun to a Californian (having nothing to do with the reason it was bought in the first place) is perfectly legal even if off roster.

[Quiet]

Buying guns for the purpose of selling is not legal unless you're a licensed gun dealer.

Buying a gun in Oregon, moving to California, and then later selling the gun to a Californian (having nothing to do with the reason it was bought in the first place) is perfectly legal even if off roster.

What he said.

[Czsp-01-9mm]

well it would be a gift, i wouldnt be buying it off him he would be giving it to me as a gift for helping him move, oh well better safe then sorry

[Sofatactical]

Its great that you have now created a virtual paper trail for yourself.
Some real busy body might read your post as such.
Hey I want to get my brother to buy me an off roster gun and then bring it worth him to CA then sell it to me.
Just saying, a little discretion never hurt anyone.

[Czsp-01-9mm]

It's not an off roster gun and also only has a 10rd mags, I was speaking in general not literally, no sales tax in Oregon is more of what I was thinking of, to save him a couple bucks on a gift compared to paying for it down here

[Zamble]

Watch out. In a few months you will have to register it, if that is going to even be possible or become a felon.

[Vanilla Gorilla]

If he bought it without the intention of giving/selling it to you then later decided to give/sell it to you then your good to go for example he got the gun then moved and ran into financial trouble because of the cost of moving and decided to sell it (to you) but if he bought it with the intention of giving/selling it to you then its a no go
The kicker here is proof of intent kinda hard to provide proof of intent also since your innocent until proven guilty the burden of proof is on your accuser
Now on the other hand and speaking hypothetically if he bought it as a gift for your grandfather/father and your father/grandfather decided he didn't like it and wanted to give it to you then I think your good to go (but don't quote me on that)

[redcliff]

well it would be a gift, i wouldnt be buying it off him he would be giving it to me as a gift for helping him move, oh well better safe then sorry

The straw purchase warnings are due to an overzealous interpretation of what constitutes a "straw purchase" by the BATFE and them convincing some judges to go along with it. If the firearm is transferred at FFL's with background checks done every step of the way ensuring a prohibitted party never touches the firearm why should they care if someone buys a firearm with the intent to sell it as long as they don't cross the threshhold of being "in the business" of selling firearms. They shouldn't care, but they're stupid and do.

These transactions happen all the time as its very difficult to prove intent to resell unless written evidence exists or funds changing hands before the fact occurs. Often people buy a firearm, test fire it, not like it and decide to sell it; I've done it several times during my life.

While I would never advocate doing something the BATFE considers illegal perhaps your brother has/will purchase a pistol he ends up not liking and give it to you someday via an FFL transfer.