Straw Purchase Trigger?

[henryt97]

Hey CGN ! noobie here , thanks for all the great info !

I have a question ..What would draw a straw purchase flag by theFeds ? IOW .. how long before an outta state / off roster firearm transferred into CA (intra-familia) would one have to wait - roughly ? even using FFL's on both ends.

[Quiet]

Under Federal laws...

Marking on the ATF 4473 form that you are the actual transferee of the firearm, when you intend to acquire the firearm for another person. [18 USC 922(a)(6)]
^An exemption to this is if the firearm is intended to be a gift for a non-prohibited person and, in order to be considered a gift, the transferee must utilize their own funds to acquire the firearm and cannot be paid back or compensated for the firearm.

Receiving any money or compensation from another person, in order to acquire a firearm for that person or another person. [Abramski v US (2014)]

There is no time limit to make it not be considered a straw purchase.
It could be 1 day to 20 years, if the Feds can prove a person violated the above then they can be prosecuted for it.


Under CA laws...

Transferring a firearm to a person and knowing that person intends to transfer the firearm to another person. [PC 27515]

Acquiring a firearm in order to transfer it to another person without having to utilize a CA FFL dealer for the transfer. [PC 27520]




18 USC 922
(a) It shall be unlawful -
(6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;

Penal Code 27515
No person, corporation, or dealer shall sell, loan, or transfer a firearm to anyone whom the person, corporation, or dealer knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to anyone who is not the one actually being loaned the firearm, if the person, corporation, or dealer has either of the following:
(a) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the provisions of Section 27540 or 27545.
(b) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the requirements of any exemption to the provisions of Section 27540 or 27545.

Penal Code 27520
No person, corporation, or dealer shall acquire a firearm for the purpose of selling, loaning, or transferring the firearm, if the person, corporation, or dealer has either of the following:
(a) In the case of a dealer, intent to violate Section 27510 or 27540.
(b) In any other case, intent to avoid either of the following:
(1) The provisions of Section 27545.
(2) The requirements of any exemption to the provisions of Section 27545.

[Quiet]

Quiet
I was at my LGS today and they did not have an answer for this. Next year when the one in 30 goes into effect across the board for both new firearms and ppt, would intra familia transfers also be subject to 1 in 30? Or could a father hypothetically give his son several firearms at once that could all be transferred at the same time on the same form

Under Federal laws...

Firearm transfers between residents of different States are required to be done through a FFL. [18 USC 922(a)(3),(5)]

There is no intra-familial or gift exemptions to the Federal laws.
There is a bequeath exemption, but it requires the giver to be deceased and the receiver to be named in the giver's will as the recipient of the firearm. [18 USC 922(a)(3)(A),(5)(A)]

Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

Under CA laws...

A CA resident must utilize a CA FFL dealer to legally bring firearms they acquired outside of CA into CA. [PC 27585(a)]
Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].

The 1 in 30 day wait applies to transfers of firearms through or from a CA FFL dealer.
~Effective 01-01-2024, there is no specific intra-familial exemption to the 1 in 30 day wait for firearms transferred through a CA FFL dealer. [PC 27535(b)]
*However, some CA FFL dealers will process them as exempt from the 1 in 30 day wait because the transfers are being done through a CA FFL dealer. [PC 27535(b)(8)] <-IMO, this should apply to out-of-state intra-familial transfers.
~Effective 01-01-2025, only operation of law and intra-familial transfers that meet specific requirements will be exempt from the 1 in 30 day wait for firearms transferred through a CA FFL dealer. [PC 27535(b)(9)]

An intra-familial transfer between CA residents is exempt from needing to be done through a CA FFL dealer. [PC 27875(a)]

Intra-familial transfers must be infrequent. [PC 27875(a)(1)]

Therefore...

If the intra-familial transfer is between a non-resident of CA and a CA resident, then the transfer must be done through a CA FFL dealer and, starting in 2025, the 1 in 30 day wait applies.
In addition, within a calendar year, there can not be more than five intra-familial transfers from the same immediate family member.

If the intra-familial transfer is between CA residents, then the transfer is exempt from needing to be done through a CA FFL dealer and the 1 in 30 day wait does not apply.
In addition, within a calendar year, there can not be more than five intra-familial transfer from the same immediate family member and no more than 50 total firearms can be transferred.




Penal Code 27535
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a firearm when the person's firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any firearm to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on January 1, 2024.

Penal Code 27535
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any private party transaction where the seller is, at the time of the transaction, required under state law or by court order to relinquish all firearms.
(9) Any private party transaction where the seller is any of the following:
(A) The personal representative of a decedent's estate who is transferring the firearms to one or more heirs or beneficiaries of the decedent's estate pursuant to the decedent's will or the laws of intestate succession.
(B) The holder of the decedent's property who is transferring the firearms pursuant to Section 13101 of the Probate Code to the successor of the decedent, as defined in Section 13006 of the Probate Code, or to the surviving spouse of the decedent pursuant to Section 13500 of the Probate Code.
(C) The trustee of a trust who is transferring the firearms to one or more trust beneficiaries upon the death of a settlor of the trust.
(10) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(11) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(12) The replacement of a firearm if the person's firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(13) The return of any firearm to its owner.
(14) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on January 1, 2025.

Penal Code 32110
Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545.

Penal Code 27875
(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.

Penal Code 16730
(a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, "infrequent" means both of the following are true:
(1) The person conducts less than six transactions per calendar year.
(2) The person sells, leases, or transfers no more than 50 total firearms per calendar year.
(b) As used in this section, "transaction" means a single sale, lease, or transfer of any number of firearms.

[henryt97]

@Quiet thanks!! that was very helpful!!