New Question...Post #3

[Slotcar]

I want to buy another handgun from a dealer but I just bought one recently.

My question is what is considered the 1-in-30 day period?

Does the clock start ticking from when you start the background (DROS) paperwork or when you actually pick up the handgun?

Example: I started the paperwork on 1/6/11. I actually picked up the handgun on 1/19/11.

When can I start the paperwork for my next purchase from a dealer.

*Note: Both are purchases from dealers not PPT.

[tenpercentfirearms]

I want to buy another handgun from a dealer but I just bought one recently.

My question is what is considered the 1-in-30 day period?

Does the clock start ticking from when you start the background (DROS) paperwork or when you actually pick up the handgun?

Example: I started the paperwork on 1/6/11. I actually picked up the handgun on 1/19/11.

When can I start the paperwork for my next purchase from a dealer.

*Note: Both are purchases from dealers not PPT.

From start. You can start another dealer handgun DROS on 2/5/11 after the time you started your 1/6/11 DROS. I believe it is the 7th so start away.

[Slotcar]

New Question:

Can my Father in bring a handgun on his trip out here from Michigan and transfer it to me at an FFL while he is here in Ca? It is an off roster C&R if that makes any difference. He is retired Navy if that makes any difference. He is not a Ca resident.

[jtmkinsd]

New Question:

Can my Father in bring a handgun on his trip out here from Michigan and transfer it to me at an FFL while he is here in Ca? It is an off roster C&R if that makes any difference. He is retired Navy if that makes any difference. He is not a Ca resident.

Yes, he and you can go to an FFL with IDs in hand, and you with HSC and proof of residency, and the dealer treats it as a shipped-in firearm. If it's truly a C&R, nothing else is needed, if it's not a C&R, Dad would just need to pen a short note saying it's a gift to his son, make, model, caliber, and serial number.

[Slotcar]

My Mistake, I meant Father-In-Law...

[jtmkinsd]

My Mistake, I meant Father-In-Law...

Legally he still qualifies. Father-In-Law. There is nothing in the PC which states the "immediate family" line must be blood.

[Librarian]

Legally he still qualifies. Father-In-Law. There is nothing in the PC which states the "immediate family" line must be blood.

I believe it does - PC 12078

(3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.

[tenpercentfirearms]

That is the question I have. What family is good for a intrafamilial transfer from out of state? I know what CA law says, but we are talking for the passing of non-approved handguns from out of state.

[Librarian]

That is the question I have. What family is good for a intrafamilial transfer from out of state? I know what CA law says, but we are talking for the passing of non-approved handguns from out of state.

The mechanism we're trying to use to be exempt from the Roster is the intrafamilial relationship, so it looks like the CA definition of family is the one.

[tenpercentfirearms]

The mechanism we're trying to use to be exempt from the Roster is the intrafamilial relationship, so it looks like the CA definition of family is the one.

That makes sense. Then father-in-law is out. However, he can send it to an FFL for his daughter. Just not for you.

She can always fill out a intrafamilial transfer form to give it to her husband once she lawfully possesses it.

[jtmkinsd]

The mechanism we're trying to use to be exempt from the Roster is the intrafamilial relationship, so it looks like the CA definition of family is the one.

Well wait a minute...where is the definition of "Parent"? From a legal standpoint, there is a line to be drawn whether or not a "biologic" Father is any different than a legally married Father-in-law. Don't know that I've ever heard them referred to as "parent-in-law".

From Wikipedia:

A parent (from Latin: parēns = parent) is a caretaker of the offspring in their own species. In humans, a parent is the mother or the father figure of a child (NOTE: "child" refers to offspring, not necessarily age). Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child. In all human societies, the biological mother and father are both responsible for raising their young. However, some parents may not be biologically related to their children.

From Websters:

Definition of PARENT
1a : one that begets or brings forth offspring
b : a person who brings up and cares for another

Granted, it would bring up some documentation problems. If the last name doesn't match, I'd want a copy of the marriage license or something.

[kemasa]

A father-in-law is NOT a parent.

[jtmkinsd]

A father-in-law is NOT a parent.

I get heartburn when statements like that are made without any insight as to the legal backing. I mean to go to the extreme I'd simply say "says who?"

I just don't like when a question like this comes out the automatic response is NO...NO WAY...YOU CAN'T

Say someone's grown up their entire life with the Father in law...maybe biologic dad dies or something. Perhapse an adoption would be required...I don't know.

[kemasa]

You can get heartburn all you want, but by any definition of a parent, it does not include an "-in-law".

I think you mean "step-parent". You can't grow up your entire life with the father-in-law since to have a father-in-law, that means you have to be married since your father-in-law is your spouse's father.

Also, a step-parent actually has no rights regarding a child unless they are adopted or other legal means to change the relationship.

[jtmkinsd]

You can get heartburn all you want, but by any definition of a parent, it does not include an "-in-law".

I think you mean "step-parent". You can't grow up your entire life with the father-in-law since to have a father-in-law, that means you have to be married since your father-in-law is your spouse's father.

Also, a step-parent actually has no rights regarding a child unless they are adopted or other legal means to change the relationship.

Included in every definition I can find, along with a biologic "parent", is someone who "brings up" or "raises" a child. While adoption would be "more legal", I don't see where, absent a clarification from DOJ, a "parent" who is not biologic is precluded. A fine line, granted. Is it stretching? Maybe.