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  • sandywater12
    Junior Member
    • Aug 2016
    • 33

    Gift from parent

  • #2
    jwfire25
    Member
    • Nov 2015
    • 477

    If he is in posession of it in Texas why not just leave it in his name? And you use it when you go over there.

    Sent from my SM-G960U using Tapatalk

    Comment

    • #3
      sandywater12
      Junior Member
      • Aug 2016
      • 33

      So. Can I use for ccw ? I read on the �������������� laws that you cannot loan unless it’s for sports. Does the ccw (nonresident from az) trump this? Ie what if I get a firearm I can’t take to CA. Can I leave it with my father even though he gifted to me? (Transferred to me)

      Comment

      • #4
        Yuki
        Member
        • Aug 2013
        • 372

        You should check Texas laws but I’m pretty sure you can apply for a non-resident license to carry in the state of Texas.

        You may be able to carry the gun that your dad buys.

        I don’t think you can carry an ar though.
        And I’m not sure what Arizona has to do with it.

        Comment

        • #5
          emmortal
          Member
          • May 2016
          • 339

          if it's a handgun you can have your father send it to you as an intrafamilial interstate transfer, most FFL's in CA will require he send it through an FFL at his end, only 10 round mags acceptable, but pretty much any hand gun including AR pistols with a fixed mag mechanism on it are acceptable.

          AR's will have to be configured with a mag catch or set up in featureless configuration. If I were you I'd just leave an AR there, no point in bringing them in when you can buy/build anything here already.
          Blip

          Comment

          • #6
            Dvrjon
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Nov 2012
            • 11250

            Then, under federal law, unless you secure the weapon so no one else can possess it in your absence, you may have federal issues regarding whether the weapon is yours.
            See above.
            Originally posted by sandywater12
            So. Can I use for ccw ?
            No. Your example (See above) was an AR. See above.

            Comment

            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30241

              Gun Control Act of 1968

              Originally posted by sandywater12
              So I’m a resident in California. My father in Texas gifts me a firearm. What if I do not bring it to Ca? Can I leave it in Texas? What if he gifts me an evil non Ca firearm? AR for example? I can’t bring it in to CA. Can I leave it in that other state?
              Federal laws prohibits the transfer of firearms between residents of different States unless a FFL is utilized. [18 USC 922(a)(3)&(5)]
              Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

              There is no intra-familial gift exemption to these Federal laws.

              A resident of a State can temporarily loan a firearm to a non-resident for lawful sporting purposes without needing to utilize a FFL. [18 USC 922(a)(5)(B)]
              ^This allows your father to legally hand you a firearm to use while you are in TX.

              Since you are a CA resident and your father is a TX resident, any firearm he gifts to you must be through a CA FFL dealer.

              The firearm must be CA legal (can not be considered an assault weapon, DD, MG, SBR, SBS) and can not include any large capacity magazines.
              An intra-familial gift of handgun is exmption from needing to be listed on the Roster of Handguns Certified for Sale.

              Therefore, in order to comply with Federal, CA, & TX laws...
              1. You need to find a CA FFL dealer that knows about and is willing to facilitate an out-of-state intra-familial gift transfer.
              2. Your father then delivers the firearm to that CA FFL dealer.
              3. That CA FFL dealer will then transfer (4473/DROS/10 day wait/1 in 30 day wait) the firearm to you.
              sigpic

              "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

              • #8
                Chewy65
                Calguns Addict
                • Dec 2013
                • 5026

                In case you missed what Quiet and Dvrjon are saying, your father in Texas cannot directly give you a firearm (not the same as a loan) since you are residents of different states. The transfer must go through a FFL in the recipient's state of residency.

                Comment

                • #9
                  sandywater12
                  Junior Member
                  • Aug 2016
                  • 33

                  Ok so can I borrow my father’s revolver for ccw?

                  There is no intra-familial gift exemption to these Federal laws.

                  A resident of a State can temporarily loan a firearm to a non-resident for lawful sporting purposes without needing to utilize a FFL. [18 USC 922(a)(5)(B)]
                  ^This allows your father to legally hand you a firearm to use while you are in TX.


                  What does “sporting purposes” mean?

                  Comment

                  • #10
                    Dvrjon
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Nov 2012
                    • 11250

                    Comment

                    • #11
                      kojak5150
                      Junior Member
                      • Apr 2010
                      • 43

                      What if it is my Brother-in-Law and not my Father? I can't seem to find the definition of what they mean by family.

                      Thank you all for your help?
                      A gun in the hand is better than a cop on the phone!

                      Comment

                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44627

                        Originally posted by kojak5150
                        What if it is my Brother-in-Law and not my Father? I can't seem to find the definition of what they mean by family.

                        Thank you all for your help?
                        PC 16720 - Immediate family is parent/child, grandparent/grandchild, and only those relationships.

                        Siblings, cousins, uncles/aunts all are excluded.
                        Last edited by Librarian; 07-03-2018, 7:41 PM.
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                        Comment

                        • #13
                          Cokebottle
                          Señor Member
                          CGN Contributor - Lifetime
                          • Oct 2009
                          • 32373

                          You can not legally hand-carry *ANY* firearm that you acquire outside of California into California.(1)
                          You can not legally be transferred a handgun outside of California.
                          Your father can gift you any gun that is not an assault weapon, but it must be transferred through an 01FFL in California *AND* it must be an FFL that understands that intrafamilial transfers are roster-exempt.


                          (1) If you have an 03FFL and COE, you may acquire C&R handguns and long guns outside of California and return home with them
                          - Rich

                          Originally posted by dantodd
                          A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

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