Transfer of ownership confused.

[SO753]

So here is my situation. Last Christmas my father got a shotgun for me (Not my first firearm). Pretty cool i think. Ask him a few days later about signing it over to me. Says he didn't actually buy it. My grandfather did or my grandmother i'm not really sure. From a Nevada gun show.

Problem is they are back in Nevada and due to their health hardly ever travel out. And are a bit radical about government gun laws. old people be crazy.

Anyways. They are out of state and not coming down any time soon. (been almost a year now) How do i go about getting this shotgun under my name? Are there some forms i can email them to sign or what? Ive never done any kind of gun transfer before and this out of state thing is making it more confusing. What can i do?

[09rubicon]

If it was last year (i.e. 2013) then don't worry about it. Long gun registration didn't start until Jan 1 2014.

[JDay]

If they were California residents when it was gifted to you last year you are fine. If they were Nevada residents at the time a federal felony was committed by not transferring through an FFL.

[alfred1222]

In the nicest way I can tell you this, delete this thread, and never mention it again. If someone asks, you bought it from a shop in 2013 and the reciepts burned/got wet

[toby]

I heard nothing!

[Tank 57]

This sounds like a gift from parent to child to his child.Think that's legal and you don't need to do anything.

Think California has some voluntary registration form you can file if you want.I'm sure someone more knowledgable than I am will clarify.

[CSACANNONEER]

How your dad got it is irrelevant to you. As long as he is a Ca resident and he gave it to you, it is a simple intrafamilar transfer. Nothing was required for long guns last year so, do nothing and you are legal.

[brianm767]

Now if your father gave it to you, and you are a Cali resident and he is a Cali resident, no paperwork was needed, how you father came into possession of it isn't your concern.

Just an FYI, if some who is not a Cali resident, wants to give you a firearm, to meet federal requirements, it must go through a FFL in the receivers home state.

[sunrisefordrene]

Now if your father gave it to you, and you are a Cali resident and he is a Cali resident, no paperwork was needed, how you father came into possession of it isn't your concern.

Just an FYI, if some who is not a Cali resident, wants to give you a firearm, to meet federal requirements, it must go through a FFL in the receivers home state.

+1..I have been through that..Intrafamilial transfers do not require reg..

[fiddletown]

So here is my situation. Last Christmas my father got a shotgun for me ... Says he didn't actually buy it. My grandfather did or my grandmother i'm not really sure. From a Nevada gun show.

Problem is they are back in Nevada and due to their health hardly ever travel out. And are a bit radical about government gun laws. old people be crazy.

Anyways. They are out of state and not coming down any time soon. (been almost a year now) ...

If you have possession of the shotgun now, and if your father was a resident of Nevada when he gave it to you, both you and he committed a federal felony by not having it transferred to you through a California FFL. I'm not sure what you can do about that now, but I'm posting this to remind others of the requirements of federal law with regard to the transfer of a gun from a resident of one State to a resident of another.

People seem very unclear on these federal requirements, even though this has been the law since 1968.

So here (for the umpteenth time) is the whole federal law story on interstate firearms transfer (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

1. Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
   
   
2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
   
   
3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
   
   
4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. Here's what the statutes say:

   18 U.S.C. 922. Unlawful acts
   
   
   ...
   
   (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;

   
   ...
   
   (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to
   

   (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
   
   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   
   ....
   
   (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;

   
   ...

[CSACANNONEER]

+1..I have been through that..Intrafamilial transfers do not require reg..

Wrong. As of 1-1-14 intrafamilar transfers of long guns to persons over 18 do require registration. Ironically, intrafamilar transfers of long guns to persons under 18 do not. Go figure.

[Librarian]

And to add to fiddletown's excellent summary, there is this: the Congress (and the various state Legislatures) have this odd expectation that the laws they pass will be obeyed.

There is almost never a 'mulligan rule' - do the crime, and you need a lawyer to maybe avoid the prescribed punishment.

[CK_32]

How your dad got it is irrelevant to you. As long as he is a Ca resident and he gave it to you, it is a simple intrafamilar transfer. Nothing was required for long guns last year so, do nothing and you are legal.

OP just to with this and not talk about it anymore lol

[essjay]

I heard nothing!

https://www.youtube.com/watch?v=34ag4nkSh7Q