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Need some information please!
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It's a matter of semantics really...your Mother is the actual buyer of the firearm, so she goes to fill out 4473/DROS, waits ten days and then transfers it to you under CA Intrafamilial Handgun Transfer. Is she gifting you the firearm? Yes. Do you have to do an Intrafamilial Handgun Transfer to acquire the gun? Also yes. If a person buys a firearm to "gift" to an unrelated person they too could answer yes to the first question on the 4473. But then they would have to come back to the FFL after the gifter acquired the firearm to do a Private Party Transfer so the giftee could legally acquire the firearm. When gifting firearms, most people just buy the gun and have it shipped to an FFL, and have the giftee fill out the paperwork to take possession of the firearm.
Confused yet?
Last edited by jtmkinsd; 11-25-2010, 4:19 PM.Originally posted by orangegloWelcome to failtown, population = you.Comment
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I kind of get it. The whole reason my mom is buying the handgun is for me. Its for the police academy. So its a gift and a intrafamilial transfer as well?It's a matter of semantics really...your Mother is the actual buyer of the firearm, so she goes to fill out 4473/DROS, waits ten days and then transfers it to you under CA Intrafamilial Handgun Transfer. Is she gifting you the firearm? Yes. Do you have to do an Intrafamilial Handgun Transfer to acquire the gun? Also yes. If a person buys a firearm to "gift" to an unrelated person they too could answer yes to the first question on the 4473. But then they would have to come back to the FFL after the gifter acquired the firearm to do a Private Party Transfer so the giftee could legally acquire the firearm. When gifting firearms, most people just buy the gun and have it shipped to an FFL, and have the giftee fill out the paperwork to take possession of the firearm.
Confused yet?
hopefully the people at the FFL know what there doing...Comment
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Steps you need to take:- Get a handgun safety certificate (both you and your mom)
- Mom will go to the gun store and purchase the handgun
- Wait anxiously for 10 days
- Mom will go to the gun store and pick up her new handgun
- Fill out the Operation of Law or Intrafamilial Handgun Transaction Report, enclose a check for $19 and send it to the DOJ.
- Take possession of your new handgun
- Hug mom and tell her thank you.
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Member, CRPA Board of Directors
"No one could make a greater mistake than he who did nothing because he could do only a little." - Edmund Burke
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You really don't need to explain the process to them. You're better off just having your mother purchase the handgun as would any other person.
Once it is in her possession, and you have your HSC, send in the DOJ paperwork. At that point it becomes legally yours. You can always get your HSC sometime after she start the DROS, your mother does not need to be there for your HSC test.
Some FFL's are aware that those 18-21 can own a handgun, others are not. While it is great to continue to educate FFL's, sometimes it becomes a hassle.You think you know, but you have no idea.
The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.Comment
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Got it. Thats what I was exactly going to do. One question...what do I put on the form where it says "How possession was obtained"?Steps you need to take:- Get a handgun safety certificate (both you and your mom)
- Mom will go to the gun store and purchase the handgun
- Wait anxiously for 10 days
- Mom will go to the gun store and pick up her new handgun
- Fill out the Operation of Law or Intrafamilial Handgun Transaction Report, enclose a check for $19 and send it to the DOJ.
- Take possession of your new handgun
- Hug mom and tell her thank you.
Comment
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Federal law should be 18 USC 922 (x)(1)(A).
18 USC 922 (x)(3(C) says a transfer by inheritance of title to a juvenile is exempted but possession of the handgun is not exempted.
18 USC 922
(x)
(1)
(A) a handgunsigpic
"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).Comment
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Thanks for all the information! So I am pretty much good in state law, and in federal law. I am 19 years old. And I already have my own rifle. So I am not a convicted felon, have any misdemeanors, or anything like that. I cant wait to get my Glock! =)Comment
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Congratulations, Swat on settling a career so early in life. As you go forward just remember to honor the memory of the following two things:
1. Your Mom
2. Your friends at CalGuns
Carpe Diem!
Good luck, man.Comment
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Just be aware that a large number of FFLs will not sell a handgun to your mom if they suspect she is going to turn around and gift it to you. Although the type of transaction you and your mom are doing is perfectly legal, it might appear like an illegal "straw purchase" to an uninformed FFL.
If the FFL overhears your mom asking you "Is this the one you want?" he will turn her away.
If the FFL spends the whole time showing the handgun to you, but then your mom says she is going to pay and do the paperwork, he will turn her away.
If your mom gets to the part of the paperwork that asks if the gun is being purchased for herself or somebody else and she ask the FFL how she should answer because she is planning to give the handgun as a gift, he will turn her away.__________________
"Knowledge is power... For REAL!" - Jack AustinComment
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Haha thanks. I have been working on it for a while. I am been a Police Explorer since I was 14, now im 19. But, I will honor those two things!Comment
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Thanks for the information. I will make it work! I will work on a plan! I hope the FFL dealers are nice...Just be aware that a large number of FFLs will not sell a handgun to your mom if they suspect she is going to turn around and gift it to you. Although the type of transaction you and your mom are doing is perfectly legal, it might appear like an illegal "straw purchase" to an uninformed FFL.
If the FFL overhears your mom asking you "Is this the one you want?" he will turn her away.
If the FFL spends the whole time showing the handgun to you, but then your mom says she is going to pay and do the paperwork, he will turn her away.
If your mom gets to the part of the paperwork that asks if the gun is being purchased for herself or somebody else and she ask the FFL how she should answer because she is planning to give the handgun as a gift, he will turn her away.Comment
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