Inter-family transfer question

[pterrell]

This is a bit of an odd one and I couldn't find an answer in the wiki so here it goes.

I'm a Washington resident stationed in California (active duty). Could my father, mother, brother (immediate family) living in Washington send me a firearm (be it receiver or full firearm) in the mail or would I have to be in Washington and be there in person?

We're both Washington residents, the only part I'm not sure about is the mail.

[Quiet]

Under Federal laws/regulations...

It's illegal to ship a firearm across state lines to a non-FFL.

Active duty military are considered residents of the state in which they have orders for (stationed in), not residents of the state they came from.

Federal laws prohibits the transfer of firearms between residents of different states, unless they are transferred through a FFL in the recipient's state of residence.

There is no intra-familial or gift exemptions to the Federal laws.

Therefore...
Since you are active duty military stationed in CA, under Federal laws/regulations, you are considered a resident of CA. Which means, the firearm needs to be transferred (4473/DROS/10 day wait) to you through a CA FFL dealer.

[pterrell]

Thanks! Answers all of my questions

Sent from my DROID RAZR HD using Tapatalk

[funnybookz]

Can't OP go home one leave and bring them back themselves, be it by plane or car?

[JDay]

Can't OP go home one leave and bring them back themselves, be it by plane or car?

Yes.

[ke6guj]

Can't OP go home one leave and bring them back themselves, be it by plane or car?

if the OP is considered to be a CA resident, and not currently a WA resident, doing that would be at least one federal felony.

now, if while on leave, he is considered a WA resident, then it should be OK.

[funnybookz]

Yes.

if the OP is considered to be a CA resident, and not currently a WA resident, doing that would be at least one federal felony.

now, if while on leave, he is considered a WA resident, then it should be OK.

Well, which is it, guys?

[JDay]

Well, which is it, guys?

When you move to another state on orders your residency doesn't change.

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[titan2]

Current Residence & Legal Residence and not necessarily the same....

Does the OP maintain his legal residence in Washington? ie Washington D/L, votes in Washington elections, pays state taxes (if any) and does he intend to return to Washington when his tour/service is up?

A lot to consider!

[SOAR79]

good question

[funnybookz]

Let's talk hypothetically. So, say he was a civilian resident of CA and his parents were in Washington. His dad wants to give him a shotgun for Christmas while he is visiting them. He can't bring it back with him?

[lorax3]

Let's talk hypothetically. So, say he was a civilian resident of CA and his parents were in Washington. His dad wants to give him a shotgun for Christmas while he is visiting them. He can't bring it back with him?

Nope

[funnybookz]

Nope

That's pretty dumb.

[Quiet]

When you move to another state on orders your residency doesn't change.

Federal laws seems to disagree with you.


18 USC 921
(b) For the purposes of this chapter, a member of the Armed Forces on active duty is a resident of the State in which his permanent duty station is located.

27 CFR 478.11
State of residence.
The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3. A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

[Librarian]

Can't OP go home one leave and bring them back themselves, be it by plane or car?

Yes.

When you move to another state on orders your residency doesn't change.

Yes, your residency DOES change - Quiet posted the info.

So, NO is the answer, cannot go out of your state of residence and acquire a gun.

See also http://www.calguns.net/calgunforum/s...d.php?t=503873 and http://wiki.calgunsfoundation.org/Fe...y_requirements