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California question.....

Discussion in 'Legal' started by 2 dogs, Jan 8, 2009.

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  1. 2 dogs

    2 dogs Member

    Jul 9, 2006
    Forgive me, Im from Texas and am not familiar with the rules over to the west coast. Here's the deal, My son, currently in the USMC in charge of a platoon of Wounded Warriors, is stationed in San Diego, California. I have a Beretta 9mm and a Taurus 1911 with a rail I want to send to him. His Mom is fixing to fly to SD to visit the new Grandchild, can she take the guns to him without getting anyone into trouble??? Thanks!
  2. billwiese

    billwiese Member

    Apr 19, 2005
    San Jose, CA
    No, can't be done directly.

    There are both Fed and state considerations here.

    It's gotta go thru CA FFL to keep Feds happy. (This is a Fed issue, not a state issue: guns can't transfer across state lines w/o FFL intervention.)

    The hicap mags for the Beretta 92 cannot be transferred or imported into CA.

    Also, since these handguns are coming from a parent, they are exempt from 'Roster of Handguns Approved for Sale In California' due to the 12078 PC exemption for 'intrafamilial transfer'. [If the guns were coming from a friend or non-lineal relative, only the Beretta would be transferrable, as it's "Rostered": the Taurus 1911 isn't.]

    Bill Wiese
    San Jose CA
  3. Librarian

    Librarian Member

    Oct 14, 2003
    Concord, CA
    To make that work, your wife would have to take the guns to a California FFL and do an interstate transfer; Federal law prohibits unlicensed individuals from making transfers outside the states where they live. (If he comes to you, follow Texas law.)

    You might also ask your son what requirements the Marines will impose; if he lives in civilian housing, probably not much. Otherwise, it seems that unit commanders and facility commanders have a lot of leeway in what they can specify regarding privately owned weapons.
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