Military Spouse Needs Help Buying a Glock!

[mkfriedrich]

As the title says guys and gals. Me and my wife are from mississippi, and been in San Diego almost a year now. With that being said I've been wanting to get a glock. But Because i dont have a cali ID they wont let me purchase it. But my wife can purchase it showing the right credentials. So what im getting at is can she buy the gun for me and then do some type of transfer? Ive been reading up on it here on calguns, but i didnt see anything set in stone. I know i still need to get a CA id, but is that possible for her to purchase the gun (which is at a very good discount do to military discount) and her just transfer it to me?

[3lsmc7]

I might be wrong but that might be considered a straw purchase? Which may or may not be legal.

Someone who knows will be along shortly.

[sniper5]

Should be a lawyer weighing in shortly for a definitive answer.

This is my understanding:

A gun CAN be purchased as a gift and not considered a straw purchase. However if the FFL suspects the POSSIBILITY of a straw purchase he does NOT have to allow the sale to proceed. A straw purchase is the purchasing of a gun FOR another individual (usually but not necessarily a prohibited person). In order to do an Operation Of Law form to transfer a handgun between spouses, HOWEVER, the recipient cannot be a prohibited person and MUST have a HSC even though the number does not have to recorded on the form.

Confusing? YUP!

Gray? YUP!

Bottom line: It's less gray if BOTH of you are totally capable of DROSing the gun. It's downright murky to black if ONE of you isn't. It's your freedom, gamble as you see fit. We could use a few test cases to define the law a little better.

BTW, Welcome to Commiefornia, Komrad Dude!!

[mkfriedrich]

thanks for the input guys. I am 100% legal to purchase a firearm. i just dont have the ca id. And if my wife can buy it for me for a greatly reduced price and then transfer it to me, will that be a problem?

[mkfriedrich]

And what is this DRosing??

[Datdarkness]

Just curious if you read This yet???

As far as i know, Military ID and your orders (if active duty) should be sufficient to purchase the handgun.

I am NOT an FFL, and am NOT a lawyer.

DROS, is the Dealers Record Of Sales. Its basicly the buying process, there is the state paperwork you have to do, then the federal paperwork you have to do. (mostly on computer now). Also, it should not be more than $25 for a gun from the store.

Hopefully an FFL or someone with more Military knowledge of firearm purchases will be here soon.

[jeg0777]

I do believe that the OP is the dependent and not the Service Member and that is why he is asking if his wife can purchase it and transfer it to him.

I am curious as to why his wife just doesn't purchase it and he either waits until he actually gets a CA ID or until they PCS out of this state to transfer ownership. It's basically the same things as a parent buying a gun for their child who is under the age of 18. It is technically not theirs since they cannot legally own it but when they are able to it can be transferred to them. It may take a while but a little patience usually outweighs the possibility of breaking the law and ending up in jail.

[SARC_Mike]

I purchased a gun while active duty and still a resident of Virginia. I needed my orders that were to a ca duty station and my military ID. Thats all it took.
Now this was 8 years ago, and I am unsure if anything has changed since.

[mkfriedrich]

thanks for all the input guys! seriously! so heres another question. If she buy the gun and we DONt do the transfer, am i still able to use it. For example home defense, going to the range??

[NotAMotard]

absolutely. My wife shoots my guns all the time.

My wife purchased me a bolt action rifle a while ago as a gift and she just listed me on the purchase paperwork as the intended recipent of the rifle. My father in law bought me a shotgun for xmas and again no issues whatsoever. Those are not pistols though so maybe that matters.

[budprop]

Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?

Yes, as long as the person receiving the firearm is not in a prohibited category and the firearm is not an assault weapon, the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer. However, if the firearm is a handgun, the recipient must submit an Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days.

(PC sections 12076(f), 12078(i))

[paratroop]

she can only technically loan it to you if you have an HSC.(handgun safety certificate) You can probably both do it at the same time, for she will need it to purchase a handgun(maybe, I don't know if active duty is exempt?, Either way its an easy test, get it to be saf)

[VetteRacer]

she can only technically loan it to you if you have an HSC.(handgun safety certificate) You can probably both do it at the same time, for she will need it to purchase a handgun(maybe, I don't know if active duty is exempt?, Either way its an easy test, get it to be saf)

Military is exempt from HSC. I beleive Active, Guard/Reserve, and Retired.

Cant help on the rest...
Matt

[MrGrimm]

I am from Wisconsin and currently stationed at Camp Pendleton. I recently purchased two guns in December and for the military member with an out-of-state ID, military orders and your ID will allow you to purchase in Commifornia. I believe for the dependant that they will need to have a CA ID in order to purchase in this wonderful state...

[ElDub1950]

Just have her buy it and as a spouse, you can use it at any time, no problems.

I don't know of any reason why she would need to transfer it to you.