Dad gave me some guns, do I need to register?


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Rum Smuggler
December 1, 2012, 08:34 PM
My father is getting older and no longer hunting. So on his last visit he brought me some guns he no longer needs.
Do I need to register these or do a transfer?
Most of these guns are older:
Post ww2 mauser 30.06 bolt action deer rifle(1960's)
Winchester 12 guage auto from 1960's (was my grand fathers)
Browning A5 light 12 late 60's early 70's
Mossberg 20 guage pump from early 1980's
Then a couple newer guns
2x beretta b80's 12 guage autos from early 1990's
And a savage .22 semi auto rifle from early 2000's

I am not sure to the laws at all of the early guns as these were all pre back round check days and probably all purchaced before my birth. Although they were most likely all purchased new from stores by my dad and grandfather.
The last 4 were purchased new and more recently and as such I assume have some regstration done.
I live in California if it makes any difference.
All the guns are long hunting type guns.

One nice thing to note is my grandfather, my father, and I all have the exact same name!

Thanks for you help with this.

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fredg
December 1, 2012, 08:44 PM
This thread is a few years old, but should still be accurate:

http://www.calguns.net/calgunforum/showthread.php?t=124237

The guys at the calguns site can also answer your questions.

If the guns are coming from out of state I think they will for sure have to go through a FFL.

More: http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

WNC Seabee
December 1, 2012, 08:45 PM
You live in CA. Where does dad live? If he's also a CA resident, you don't need to do anything.

http://oag.ca.gov/firearms/pubfaqs#5


Please excuse my typos...posting from iPad

firesky101
December 2, 2012, 12:23 AM
Indeed for the time being, a blood relative may give you a long gun (not sure about pistols) without a transfer within the state of California. The long gun registry takes effect in 2014 unless it has been successfully struck down (I have not kept up), but till then you are golden. Not sure if there will be any exemptions for blood relatives in the new infringements *cough* I mean regulations.

Edit: Just read I was wrong on the date. 2014 should be 2013.

Frank Ettin
December 2, 2012, 12:34 AM
...So on his last visit he brought me some guns he no longer needs.... Okay, you live in California. Where does your father live? If he lives in a State other than California, federal law requires that the guns be transferred to you through an FFL.

Violation of the federal interstate transfer laws is punishable by 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.

If your father is a California resident, as long as none of the guns are handguns you don't have to do anything further. For any handguns, you'll need to have an HSC card and file a form with the California DOJ.

Pretty much everything you need to know can be found here (Calguns Wiki (http://wiki.calgunsfoundation.org/Main_Page)).

Nickel Plated
December 2, 2012, 11:17 AM
Okay, you live in California. Where does your father live? If he lives in a State other than California, federal law requires that the guns be transferred to you through an FFL.

Violation of the federal interstate transfer laws is punishable by 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.

If your father is a California resident, as long as none of the guns are handguns you don't have to do anything further. For any handguns, you'll need to have an HSC card and file a form with the California DOJ.

Pretty much everything you need to know can be found here (Calguns Wiki (http://wiki.calgunsfoundation.org/Main_Page)).
Those are all long guns so I don't think federal law requires an FFL for a private transfer even between states.

State laws in Cali may be more restrictive regarding that (and knowing Cali, probably are) but as far as the feds go, you're good.

Frank Ettin
December 2, 2012, 11:26 AM
Those are all long guns so I don't think federal law requires an FFL for a private transfer even between states.You are wrong.

Here's the whole federal law story on interstate transfers of firearms (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.

[4] 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.

[5] 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.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

Here's what the statutes say:18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(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;

...

Quiet
December 2, 2012, 12:21 PM
What Frank Ettin posted is correct.

Nickel Plated
December 2, 2012, 01:48 PM
Oh whoops sorry. Got my stuff mixed-up.
I was thinking about being able to buy a long gun from an FFL in another state without it first having to be shipped to an FFL in your home state like with a handgun.

Sorry for the confusion.

Sam1911
December 2, 2012, 01:51 PM
I was thinking about being able to buy a long gun from an FFL in another state without it first having to be shipped to an FFL in your home state like with a handgun.Yes, you're correct there -- for residents of "most" states anyway.

However that is only for long guns bought from a licensed dealer, not private sales or gifts.

Frank Ettin
December 2, 2012, 02:00 PM
I was thinking about being able to buy a long gun from an FFL in another state without it first having to be shipped to an FFL in your home state like with a handgun.Yes, you're correct there -- for residents of "most" states anyway...And it would not apply for residents of California, like the OP, because only a California FFL will be able to satisfy California requirements. And under 18 USC 922(b)(3) if the transferee is a California resident, California requirements would need to be complied with.

Sam1911
December 2, 2012, 02:03 PM
Certainly true! "As long as the laws of BOTH the dealer's and the purchaser's states are followed..." is usually how we say it. If the law of your home state makes it impossible, then no.

Rum Smuggler
December 2, 2012, 11:35 PM
Wow thanks for all the responses.
My Dad also lives in California.

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