Private party purchase "Firearm ownership Record"???

[Coldies]

Okay I posted a while back how I was going to purchase a CA legal WASR from a friend of mine. Here is the story and why I have some questions that I really need some help on please. The WASR was originally purchased in AZ by my friend when he use to live there. Before he moved to Idaho, where he lives now he left the gun at his parents house in CA were I live as well. (bullet button and fixed 10 rounder)

I asked a few local San Diego shops if I could pick up the gun from his parents house and bring in the gun without my friend and have it transfered to me, DROS etc.. Ones shop said yes while another said no. The shop that said yes told me that all I need is a copy of his license and I would be good to go. Well Thankfully I called to double check what they said is correct before I drove down there because the owner told me that if I took possession of the rifle it would be a illegal transfer and he didnt want to deal with it?? "Okay no prob I wont do as one of your employees instructed" was my answer and thanked him for his time.

At this point because Turners is down the street from my work I went in there and asked what could be done. I was told I could fill out a "Firearm Ownership Record" for the gun and call it a day??? Is it really that easy guys? Am I missing something here? Im not sure the next time he will be in town and obviously want to do this legally.

Please help???

[Mssr. Eleganté]

You have to do the transfer through a dealer if you don't want to violate any laws.

If your friend still has a valid California driver's license then you should wait until he comes back so that you two can go to the dealer together and do a PPT for $35.

If he actually gave the gun to one of his parents before he left (transfers to a parent don't require any dealer or paperwork if parent and child are both California residents) then his parent could go with you to the gunshop to do the $35 PPT.

If he is just storing the gun at his parents house in California but he still maintains ownership then you could have his parent ship the gun to your local dealer along with a photocopy of your friend's ID. For this kind of transfer the dealer can charge you whatever he wants. He won't be limited to the $35 PPT.

If your friend no longer has a valid California DL and you want to wait for him to come back to visit then the transfer won't be eligible for the $35 PPT either. The dealer could charge whatever he wants.

[Coldies]

You have to do the transfer through a dealer if you don't want to violate any laws.

If he is just storing the gun at his parents house in California but he still maintains ownership then you could have his parent ship the gun to your local dealer along with a photocopy of your friend's ID. For this kind of transfer the dealer can charge you whatever he wants. He won't be limited to the $35 PPT.

Yeah don't want to break any laws. He is just storing the gun at his parents and only has a Idaho license. I was told from Turners that most places dont want to deal with private party transfers unless its shipped from a FFL?? If this is not the case im sure I could have his parents ship the gun with a copy of his Idaho license. This sound like it would work? Also I wonder why Turners would tell me to fill out the "Firearms Ownership Record" and I will be fine???

Thaks for the help.

[Mssr. Eleganté]

...I was told from Turners that most places dont want to deal with private party transfers unless its shipped from a FFL??

It's true that some FFLs will only accept shipments that come from other FFLs. You just have to call around to find one that will accept a firearm shipment from an unlicensed seller who will include a copy of his driver's license.

...im sure I could have his parents ship the gun with a copy of his Idaho license. This sound like it would work?

I think that would probably work. Just remember that with shipping and transfer fees you are looking at close to $100 added to the purchase price of the rifle.

...Also I wonder why Turners would tell me to fill out the "Firearms Ownership Record" and I will be fine???

Because they are clueless. Long guns are not even registered in California, so there is no point in registering an illegally transferred rifle. Registering it doesn't eliminate the crime of illegally transferring it.

[TheKlawMan]

This is not advice. Even if the firearm had only been stored at this parents' in CA up until now, what prevents that guy from gifting it to his Father tomorrow, if no paperwork is needed for an interfamily transfer. Could the Father then go to the FFL with the OP and do a simple PPT?

[paul0660]

Because interstate interfamilial transfers still have to go through a FFL. If the friend was never a Cali resident, he could not have transferred it to his dad or mom without paperwork.

[TheKlawMan]

Because interstate interfamilial transfers still have to go through a FFL. If the friend was never a Cali resident, he could not have transferred it to his dad or mom without paperwork.

Gotcha. I forgot that the lived outside of CA when it was purchased, but at some time was he a CA resident, even for a few weeks or days. The OP said that his friend left the gun at his parents in CA and that would suggest that the owner was at least in CA at some time. Whether or not he was a CA resident I can't say, but I believe that call depends on determining residency and that may depend on the issue: reisidency for tax purposes may be different than for tuition or gun laws.

For example, at least per this doc http://www.ftb.ca.gov/forms/03_forms/03_1031pub.pdf a resident is one who is in California for other than a temporary purpose. If at the time that the gun owner gave the weapon to his father, he was in CA and had made up his mind to move home, even if he would have to temporarily go out of state to pack thinks up and load the moving van, would he be a CA resident for state tax purposes?

[paul0660]

Gotcha. I forgot that the lived outside of CA when it was purchased, but at some time was he a CA resident, even for a few weeks or days. The OP said that his friend left the gun at his parents in CA and that would suggest that the owner was at least in CA at some time. Whether or not he was a CA resident I can't say, but I believe that call depends on determining residency and that may depend on the issue: reisidency for tax purposes may be different than for tuition or gun laws.

Oh, there are many ways to make this happen, and since the OP now has a good idea of the legalities, he can figure one out.

[Coldies]

Thanks for the ideas guys. I appreciate your help. Just to clarify my friend was born and raised in CA and then moved to AZ where the gun was purchased and before he moved to Idaho he did a quick stop in CA to leave some things including the gun at his parents house. Looks like I have some calling around to do and worst case scenario his parents can ship the gun to him and have him ship it back through a FFL to my FFL, oh god how I love CA gun laws.....

Thanks again guys

[EOD Guy]

This is not advice. Even if the firearm had only been stored at this parents' in CA up until now, what prevents that guy from gifting it to his Father tomorrow, if no paperwork is needed for an interfamily transfer. Could the Father then go to the FFL with the OP and do a simple PPT?

If he left the rifle with his parents and they have access to it, he has already transferred the rifle to them as far as the Feds are concerned. They don't care about ownership. Possession is what counts.