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Buy an intrafamillial obtained off roster handgun?

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  • riceman
    CGN/CGSSA Contributor
    CGN Contributor
    • Jul 2010
    • 471

    Buy an intrafamillial obtained off roster handgun?

    Ok here goes I will try to explain. I have a lady friend who was given a G43 by her daughter. She has had it about 3 years and knows I want one real bad but not willing to pay Ca. prices. She has said she might be willing to sell it to me, knowing her daughter would give her another one.
    My question: Is there any kind of a problem that could arise from a transaction like this for her, if she was to get another G43 after selling to me?
  • #2
    ErikC12
    Member
    • Feb 2019
    • 344

    Is the daughter a LEO? Sounds like she's buying an off roster pistol with the express purpose of transfering it to her mom. That would create a whole host of issues.

    Comment

    • #3
      Snoopy47
      Veteran Member
      • Aug 2010
      • 3806

      Originally posted by riceman
      Ok here goes I will try to explain. I have a lady friend who was given a G43 by her daughter. She has had it about 3 years and knows I want one real bad but not willing to pay Ca. prices. She has said she might be willing to sell it to me, knowing her daughter would give her another one.
      My question: Is there any kind of a problem that could arise from a transaction like this for her, if she was to get another G43 after selling to me?
      The problems arise from yapping too much.

      yes she can own it

      yes she can sell it

      yes you can buy it

      yes the daughter can give more
      Before there was Polymer there was Accuracy.

      Comment

      • #4
        Snoopy47
        Veteran Member
        • Aug 2010
        • 3806

        Originally posted by ErikC12
        Is the daughter a LEO? Sounds like she's buying an off roster pistol with the express purpose of transfering it to her mom. That would create a whole host of issues.
        I presume the daughter is out of state. So that would have been a parental child transfer
        Before there was Polymer there was Accuracy.

        Comment

        • #5
          riceman
          CGN/CGSSA Contributor
          CGN Contributor
          • Jul 2010
          • 471

          Yes out of state, should have stated earlier. I understand the LEO aspect of this.
          Last edited by riceman; 02-26-2019, 4:24 PM.

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44627

            Originally posted by riceman
            Ok here goes I will try to explain. I have a lady friend who was given a G43 by her [out of state - L] daughter. She has had it about 3 years and knows I want one real bad but not willing to pay Ca. prices. She has said she might be willing to sell it to me, knowing her daughter would give her another one.

            My question: Is there any kind of a problem that could arise from a transaction like this for her, if she was to get another G43 after selling to me?
            Law question, so moved.

            Interstate intrafamilial is legal; no limits on that in CA law, though 'in the business' might be alleged if the CA resident might sell more than 5. Since that does not seem the case here, should be fine.
            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

            • #7
              August
              Banned
              • Nov 2012
              • 2218

              Originally posted by Snoopy47
              The problems arise from yapping too much.

              yes she can own it

              yes she can sell it

              yes you can buy it

              yes the daughter can give more
              This is hands down the biggest problem with calguns.net

              This chat forum alone has probably paved the path to many of our new laws over the last decade.

              Comment

              • #8
                ErikC12
                Member
                • Feb 2019
                • 344

                Gotcha. I retract my statement.

                Comment

                • #9
                  brix
                  Senior Member
                  • Aug 2012
                  • 613

                  Originally posted by Snoopy47
                  The problems arise from yapping too much.



                  yes she can own it



                  yes she can sell it



                  yes you can buy it



                  yes the daughter can give more
                  What Snoop said.

                  Sent from my BTV-W09 using Tapatalk

                  Comment

                  • #10
                    igs
                    Senior Member
                    • Nov 2017
                    • 941

                    Originally posted by ErikC12
                    Sounds like she's buying an off roster pistol with the express purpose of transfering it to her mom. That would create a whole host of issues.
                    It's perfectly legal to buy a gun as a gift. Stop spreading FUDD.
                    ATF Form 4473: If a frame or receiver can only be made into a long gun (rifle or shotgun), it is still a frame or receiver, not a handgun or long gun.

                    Comment

                    • #11
                      Chewy65
                      Calguns Addict
                      • Dec 2013
                      • 5027

                      There could be a problem if your friend is giving her daughter any funds to pay for the G43 being gifted to your friend. Even if your friend is selling less than 6 handguns a year, she could be charged with operating as a dealer without a license.
                      Last edited by Chewy65; 02-26-2019, 10:46 PM.

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