Can I bring a gifted carbine into Cali as checked baggage?

[hondoslade]

Greetings, I'm sure that this has been asked before but I'm having a hard time finding the simple answer....perhaps there is none but, you guys would know if there was. I am a Cali resident visiting family in Texas.

My brother-in-law in Texas recently passed and his daughter gifted me a Chinese SKS that was awarded to him for providing effective fire support to repel a Khmer Rouge attack on his SF outpost during the VN war (I am also an army VN vet). The rifle was taken from the field after the battle and it's previous owner....and the rifle...had been hit with many flechettes from beehive rounds. In short, it's not in great shape but probably still operative. It has a fixed 10 round mag and does not meet the criteria of an AW per Cali law. She gave me the carbine during my current visit in Texas and I want to know if it is acceptable to return to Cali with the firearm in my checked baggage.

I've researched the TSA regs and have a good case w/TSA locks and have been given a green light from the airline, but I don't want it confiscated when I land in Sacramento. I have heard everything from "no worries" to "don't even think of trying this without a good lawyer."

What is the straight scoop?

[lorax3]

You cannot take legal ownership of the rifle in Texas.

The rifle needs to be shipped (or brought into CA physically) by the owner (her) to a dealer in California. The dealer will then do the California paperwork to transfer the rifle into your name. They will need a copy of her drivers license to log in the firearm.

Obtaining a firearm in another state and failing to comply with the regulations of your home state is a felony.

[lorax3]

If you post your general location in California we can help you find a dealer that can help.

[echoThreeOneSix]

Damn... pretty much ruins my pland for buying a gun in florida.

[hondoslade]

Well, if that is the case, it becomes a bit more complicated. The deceased's daughter is a Florida resident, but was in Texas dealing with the estate. She is now in Florida and I'm in Texas with the firearm. I live in the 95670 area code in California, but this is starting to sound like it may not be worth the trouble.

[fiddletown]

...She gave me the carbine during my current visit in Texas and I want to know if it is acceptable to return to Cali with the firearm in my checked baggage....

No it would not be acceptable. It would violate federal law.

This come up from time-to-time, so I'll cover it comprehensively again.

So here (for the umpteenth time) is the whole federal law story on interstate firearms transfer (not including the rules for those with Curio and Relic licenses and the subject of dual residency):

1. Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
   
   
2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
   
   
3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.C] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
   
   
4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. Here's what the statutes say:

   18 U.S.C. 922. Unlawful acts
   
   
   ...
   
   (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
   

   (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
   
   (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
   
   (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

   
   ...
   
   (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
   

   (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
   
   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   
   ....
   
   (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
   ...
   
   (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
   

   (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
   
   (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   
   ...

[hondoslade]

Thanks to everybody for the replies and information. However, assuming that the airlines allow me to take the firearm as checked baggage, what happens when I arrive in California? I.e., will the rifle be confiscated and disposed, confiscated but returned to point of origin, confiscated and held until proper instructions are received, or ?

[dwtt]

Thanks to everybody for the replies and information. However, assuming that the airlines allow me to take the firearm as checked baggage, what happens when I arrive in California? I.e., will the rifle be confiscated and disposed, confiscated but returned to point of origin, confiscated and held until proper instructions are received, or ?

Uhmm, I don't think you read the information posted. You can't bring the firearm to CA on the plane because the SKS has to go through a CA FFL to transfer it to you. This is federal law and has been in effect since 1968. Once the firearm is properly transferred to you, then, to answer your question above, you can check it into your luggage while flying with the airlines and it won't be confiscated.

Who is the executor of your brother-in-law's estate? Have that person send the rifle to your local FFL and do the transfer properly even though it's a pain in the neck. It's not worth a felony to cut corners or for the sake of convenience.

[fiddletown]

Thanks to everybody for the replies and information. However, assuming that the airlines allow me to take the firearm as checked baggage, what happens when I arrive in California? ...

You apparently don't get it.

You will have violated 18 USC 922(a)(3), as I've cited above. That is a federal crime. The punishment is up to five years in federal prison and/or a fine. Since it's a federal felony, conviction will result in a lifetime loss of gun rights.

Your relative who gave it to you will have violated 18 USC 922(a)(5), as I've cited above. That is also a federal felony subject to the same penalties.

You have also communicated your plan to commit this federal crime, implicating your relative, so that everyone in the world with Internet access can know of it. Anything posted on social media, including discussion forums such as Calguns, absolutely is fair game and can be used in criminal or civil litigation.

As part of some consulting work I've done recently, I have reason to know that in at least one Sheriff's Office a deputy has been assigned to monitor certain gun forums. I also know from volunteer work I've done with our local police department that several officers regularly check various social media and also receive and follow up on tips from the public regarding possibly questionable postings on social media. I can't imagine that other law enforcement agencies aren't doing the same thing.

Indeed I've taken continuing legal education classes in which the monitoring of social media, and the effective use of evidence obtained from postings on social media, was a core topic. And see this article headlined "Bay Area prosecutors increasingly using social media posts in criminal cases" from the 16 August 2013 edition of the Contra Costa Times:

PLEASANTON -- A teenage driver originally accused of vehicular manslaughter now faces a murder charge in the death of a bicyclist, partly because prosecutors say he bragged on Twitter about driving dangerously.

His case is part of a growing trend of social media posts being used as evidence against suspects, authorities said Friday.

....

As suspects feel compelled to post their misdeeds online for audiences to see, investigators have taken advantage, using the online quasi-confessions to bolster their cases, Bay Area prosecutors said.

In San Francisco, a cyclist in March fatally struck a 71-year-old pedestrian in a crosswalk after speeding through three red lights in the Castro District. Chris Bucchere, who eventually pleaded guilty to felony vehicular manslaughter, received a stiffer charge after he posted his explanation of the crash on a cycling group's website....

If you really want the rifle, have your brother-in-law's daughter take the gun home with her. Then find a California FFL near you who will handle a transfer, and have your brother-in-law's daughter ship the gun to that FFL, in accordance with his instructions, to have the gun properly transferred to you.

[CSACANNONEER]

Thanks to everybody for the replies and information. However, assuming that the airlines allow me to take the firearm as checked baggage, what happens when I arrive in California? I.e., will the rifle be confiscated and disposed, confiscated but returned to point of origin, confiscated and held until proper instructions are received, or ?

You're asking what will happen when you break a FEDERAL firearms law? Well, you might end up in Club Fed. Or, you might be able to buy your way out and make some attorney a few hundred grand richer. No one here is going to tell you "It's OK because you probably won't get caught." The simple fact is that you can not legally take possession of it until it goes through a FFL in your state of residency unless, you are a resident of Texas which, you are not.

[taperxz]

I have reason to know that in at least one Sheriff's Office a deputy has been assigned to monitor certain gun forums. I also know from volunteer work I've done with our local police department that several officers regularly check various social media and also receive and follow up on tips from the public regarding possibly questionable postings on social media.

Hi Mike!!

[Librarian]

Let me try a different phrasing:

However, assuming that the airlines allow me to take the firearm as checked baggage,

Do not do that.

Taking the firearm yourself, instead of shipping it to a CA FFL, is a Federal felony.