doublegunshop.com - home Forums General Discussion DoubleGun BBS @ doublegunshop.com California gun transfer

WHY???? Its my son's shotgun. He left it here the last time he went hunting at my place. I'm giving it back to him.

Treb, if you and your son had to state that under oath before a Court, would/could you both do it?...Geo

No Sir, I wouldn't lie in front of a Court. But, would it ever come to that though?

One of my sons lives in Montana. Sometimes when he visits, I give him a gun. We book the transfer through my local FFL since an FFL can transfer a long gun (shotgun or rifle) to a non-resident.

However that only works if the transferee's State law is not violated. Montana is pretty gun friendly, so there's no problem in my situation. If he lived in California, State law which is more restrictive about transfers than the federal gun control act would prevent a legal transfer.

There must be some way California residents visit an out of state gun show and buy guns. Maybe there is a way under California law to
"validate" the out of state purchase when you get back home? I don't know...Geo

It probably wouldn't come to that, but it could. That's why I suggested earlier in this thread that we should all be calling or e-mailing our Representatives in Congress and the Senate to remind them that we do not want any more laws that would restrict the Constitutional Rights of law abiding gun owners.

Obama's recent speech calling for Universal Background Checks also made the call to restrict sale of guns to people on the No Fly List. That sounds reasonable until you consider that perfectly innocent people end up on that list and have little or no recourse to get off. There is a Georgia Democratic Rep. named John Lewis who is on the No Fly List. Anti Gun Democrat Senator Ted Kennedy was also on the list. It took him weeks of direct appeals to the Director of Homeland Security to get his name removed.

We saw several stupid laws passed right after the Newtown shootings that made law-breakers and felons out of gun owners in New York and Connecticut. Some of us may think that this incrementalism doesn't affect us... until we make an innocent assumption or a mistake that ends up costing us dearly. Just look at the recent story of the elderly New Jersey collector who admitted to having a black powder revolver in his car during a traffic stop. The DA eventually dropped the charges, but I'm sure he ended up with some nasty legal bills. Meanwhile, gangbangers routinely get plea bargains or released on parole.

Uh...Hullo.
Cobbhead, did you read my earlier post?
You had it exactly right in your initial post,
YOU MUST SHIP TO CALIFORNIA FFL for transfer.
You can either do it the right way, or FUTZ around and break the law, you choose.


Repeat after me,
YOU MUST SHIP TO CALIFORNIA FFL for transfer.

Send him a strong magnet and a rope instead of a new gun. Tell him to go find his gun and get it cleaned by a gunsmith...Geo

Thanks for all the input, never did say I was looking for ways to circumvent the law. Chris is actively searching for a FFL dealer that will work with us to do it the right way. I have limited, but good, experiences with shipping guns from private parties to my local FFL dealer and hoped California didn't have too many barriers. Sounds like it will work well. Oh, and George Newbern, a strong magnet is likely worth more than an 870 Express. My son has lusted for the SKB for a long while, the young man needs a break action gun.

Steve

There is NO use tax collected on gifts, regardless of the source of the gift. There is no use tax collected at the point of FFL transfer on the sale of a gun from out-of-state to a CA resident, if the sale is by a private party. If a CA resident purchases a gun from an out-of-state dealer/FFL, use tax will be collected at the point of transfer by the receiving FFL. In this case, OP should ship directly to the receiving FFL, without involving an FFL on his end, and document in the package that the gun is a gift to his son. Prior to shipping, son should confirm that his FFL will receive a gun from a private party and will not attempt to collect tax on the value of the gift. FFLs in CA are just as uninformed on some of these rules as are FFLs in other states. It can be tedious to find an FFL who actually knows and follows the rules.

Of course it doesn't apply to Cal/Col, but I believe you can transfer long guns across state lines to contiguous states where the states have agreement to do so.
Mike