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478.29-A Does it apply to me?

Discussion in 'Legal' started by AKAMac, Jun 29, 2009.

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  1. AKAMac

    AKAMac Member

    Joined:
    Feb 4, 2004
    Messages:
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    Location:
    Bay Area Cali
    I was given a 20 Ga. in Washington in 92. I moved to California in 96. In 2006 I sent that shotgun home with my Neice visiting from Colorado. She now is in the middle of a parental divorce that she wants to avoid my (my friends) gun being involved in as property.
    I know that California law requires OOS shipping to be between ffls. I just don't want to pay 75 to 125 for a gun I already own. Would the federal statute apply ...

    "(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,"

    ...if said firearm was mailed back to the original owner in a gun friendly state?

    I am willing to go the leagle (expensive) route but I just hate paying for something I don't have to. I'm Scottish.

    The funny part is I was looking forward to her summer vacation to return said gun to my friend as part of a pay it back to you with the kids in tow.

    Does it apply? (cost= shipping) :)
    Just ship it to owner? (cost = shipping + ncis + ffl) :cuss:
    Just do the California stuff and pay to have a gift returned? ( cost = shipping + ncis + ffl + dros + 10 day wait ) :banghead:

    What do you think?
    Mac
     
  2. NavyLCDR

    NavyLCDR member

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    Since it is your gun, you have several options:

    1. You can go get it, from whomever is holding it for you and bring it back yourself. No FFL required since it is your gun.

    2. She can mail it (using USPS) to an FFL in California who would transfer it to you with all the required paperwork.

    3. Someone else could bring it to you in California.

    4. You can mail it to yourself from wherever the gun is, in care of another person at the destination. The person at the destination should not open the package. You CANNOT have someone else mail the gun directly to you, that would be against the law.

    The Federal statute you quoted does not apply because nobody has died leaving you their heir.

    Also, BTW, California does NOT require shipping BETWEEN FFLs, it only requires shipping TO an FFL in California.

    NOW, this ONLY applies if the gun is actually yours and is coming back to you.... how does your friend come into play? Any transfer of ownership of the gun to an out of state resident requires one FFL to be involved, regardless of which state they reside in.
     
  3. deadin

    deadin Member

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    I'm confused. Who does the gun actually belong to? You or the "friend" that you mentioned that you are going to "return" it to?

    BTW, when you "sent" (loaned?) the gun to your OOS niece in 2006, you probably broke a law or two when she took it back to CO.
    Also, I can't see any way you could legitimately apply 478.29 to your problem. Somebody needs to die and have actually left it to you in their will or a probate court awarded it to you if they were intestate.
     
  4. calaverasslim

    calaverasslim Member

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    AKAMAC... I read your post and was interested. Thought about it and then reread it. My conclusion, the way it is written, is that your trying to find a way to circumvent the law. Trying to find a way thru the grey area and hope you don't get caught. Read the law, follow the law and sleep better
     
  5. Quiet

    Quiet Member

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    What he said.
     
  6. AKAMac

    AKAMac Member

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    Location:
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    I'm older and I didn't see a problem with the transfer as a LOAN to an inlaw. The problem that exists is MAILING a firearm back to the owner. This is not a try to circumspect the law, it is a question about "succession" under the atf guidelines.
    I don't want to drive to Colorado and I don't want to pay for a firearm that I had in my control for more than 10 years. It is a shortened pull 20 Ga. It is not an EBR, this is a tool for kids to learn to shoot with. 3 have.
    Succession is about giving without reguard to profit or labour. I don't intend to profit from or labor to receive enumeration for said property. I just ask that I not be required to pay for said service.
    This is a question about MAILING a tool, not about the tool itself.
    Mac
     
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