military moving to Cali

[metalstorm999]

Can retired army/current defense contractor, who is moving to California permanatly, Bring his off roster pistols with him? Would it need to go through an FFl, or can he just ship them to himself at his new address, and do the new resident handgun ownership report w/ the $19 check.

[kemasa]

Anyone who is moving to CA can bring off-roster firearms, as long as they are not considered so-called a-salt weapons. They would not need to go through a FFL. You could bring them with you or you can ship them to yourself (only you should open the box), then will out the form and pay the money.

[metalstorm999]

Anyone who is moving to CA can bring off-roster firearms, as long as they are not considered so-called a-salt weapons. They would not need to go through a FFL. You could bring them with you or you can ship them to yourself (only you should open the box), then will out the form and pay the money.

Thanks kemasa! Just confirmed on the doj website, once again your knowledge overflowith'

[metalstorm999]

Ok, so now the story has changed a little. The retired military/current defense contractor contacted me after I told him he can ship the guns to himself, and fill out the new resident form. He said that he left 3 guns with one FFL in one state, and three guns with another FFL in another state, I told him to ask for the guns back and bring them with you when you move to California. He said they wont release them to him, they would have to go through a California FFL holder to get them into Cali. Is this correct?, and if so, how would I handle the transfer/dros on someone's firearms that they already own?

[Librarian]

Ok, so now the story has changed a little. The retired military/current defense contractor contacted me after I told him he can ship the guns to himself, and fill out the new resident form. He said that he left 3 guns with one FFL in one state, and three guns with another FFL in another state, I told him to ask for the guns back and bring them with you when you move to California. He said they wont release them to him, they would have to go through a California FFL holder to get them into Cali. Is this correct?, and if so, how would I handle the transfer/dros on someone's firearms that they already own?

Why did he give them to any FFL at all? Consignment? Storage while he was out of state?

If he did not transfer the guns, they are HIS guns; he needs to get the explanation from the FFLs who have the guns.

He absolutely does NOT need to pass any of his guns through a CA-FFL when he moves to CA.

See the wiki -- http://wiki.calgunsfoundation.org/Mo..._with_firearms

ETA - since I suppose it may come up, see the wiki on shipping firearms -- http://wiki.calgunsfoundation.org/Sh...hin_California -- having the guns shipped by an FFL to him in CA would be pretty convenient, all things considered, but an FFL may certainly ship a firearm to a non-ffl when there is no transfer of ownership, just as if the guns had been mailed to an FFL/manufacturer for service, and now would be mailed back.

BATF FAQs are obstinate in ignoring this situation; partial explanation is seemingly buried here

Q: A firearm is delivered to a licensee by an unlicensed individual for the purpose of repair. Is the return of the repaired firearm subject to the requirements of the Brady law? Would the transfer of a replacement firearm from the licensee to the owner of the damaged firearm be subject to the requirements of the Brady law?

Neither the transfer of a repaired firearm nor the transfer of a replacement firearm would be subject to the requirements of the Brady law. Furthermore, the regulations provide that a Form 4473 is not required to cover these transactions. However, the licensee’s permanent acquisition and disposition records should reflect the return of the firearm or the transfer of a replacement firearm.

[27 CFR 478.124-25]

and here

Q: Is an ATF Form 4473 required when a gunsmith returns a repaired firearm?

No, provided the firearm is returned to the person from whom it was received.

[27 CFR 478.124(a)]

Q: Is a licensed gunsmith’s return of repaired or customized firearms to their owners subject to the Brady law, including the provision for making background checks on transferees?

No, but it is unlawful to transfer a firearm to any person knowing or having reasonable cause to believe that such person is a felon or is within any other category of person prohibited from receiving or possessing firearms.

[metalstorm999]

Why did he give them to any FFL at all? Consignment? Storage while he was out of state?

If he did not transfer the guns, they are HIS guns; he needs to get the explanation from the FFLs who have the guns.

He absolutely does NOT need to pass any of his guns through a CA-FFL when he moves to CA.

See the wiki -- http://wiki.calgunsfoundation.org/Mo..._with_firearms

I'm going to assume storage? as he is still in afgahnistan. I will dig deeper and give an update when I find out. Thanks for the replies so far. To be continued......