Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Colt Python transfer to California

Discussion in 'Legal' started by gileas, Sep 12, 2010.

Thread Status:
Not open for further replies.
  1. gileas

    gileas Member

    Joined:
    Sep 12, 2010
    Messages:
    3
    I live in the Peoples Republic of California, and it causes me no end of grief. I was told that it is possible to be "gifted" a Python by an immediate family member, (out of state) so as to be able to legally own / transfer a Python to myself here in CA. Is this true? I gave my Python to my cousin in Iowa when I lived there, and now he is willing to give it back, but I am not sure that the darn CA govt will allow it. Please, anyone who is sure of this legal area, if you can clear this up for me, I would be grateful. Buying a "CA legal" Python here (say a Blue 6" mint) runs upwards of 2k, if you can find one (better odds finding a needle in a haystack).
    Regards,
    Gileas aka Jim Bianco
     
  2. Sam1911

    Sam1911 Moderator

    Joined:
    Oct 22, 2007
    Messages:
    34,359
    Location:
    Central PA
    According to federal law, any transfer of a firearm across state lines must involve an FFL dealer, and so a 4437 sheet. There is no family gifting exemption to the transfer. (Only an inheritance exemption -- but your relative would have to die and leave the firearm to you in his will.)

    So, regardless of who this is coming from, and what money will be exchanged, the gun will have to be sent to a FFL dealer in your state (CA) and that dealer will have to follow all CA laws to transfer it to you.

    Is a Colt Python not a legal handgun in CA? The list: http://certguns.doj.ca.gov/safeguns_resp.asp does show a 6" stainless Python (I3060CS Python (silver) / Stainless Steel Revolver 6" .357 Magnum), so you may be fine.

    Hopefully others more familiar with the situation can fill in the gaps.
     
  3. 9mmepiphany

    9mmepiphany Moderator

    Joined:
    Dec 27, 2002
    Messages:
    18,986
    Location:
    northern california
    As Sam1911 has correctly stated, any transfer or gift must go through a CA FFL and you would have to DROS it as you would with a new purchase.

    You might be referring to an Intra-famila transfer. This is ability for a parent or grandparent to gift a non-rostered handgun to a child...or the reverse. The gift must be from a parent (mother/father) or grand parent (grandmother/grandfather)...in-law, step-parents and other relatives don't qualify. There is a special form that is used for this and not all FFLs will do it. You do however by-pass the 30 days between handgun purchase rule...because it's not a purchase.

    The Stainless Python is on the approved list. Blued Pyhtons aren't that hard to find...I have 3...and I'd been happy to get $2k for one. I think the prices over $2k are either special models (3"bbl) or you're looking at asking prices
     
  4. gileas

    gileas Member

    Joined:
    Sep 12, 2010
    Messages:
    3
    you guys are great - ty for the advice

    Yeah its the Blue I want, the Stainless are legal (so are blue but you cant transfer a blue from out of state I guess, unless my grandfather is willing to help me out here, and as he died several years ago this makes it a bit tricky). Dealers dont carry new stainless, however, I believe that Colt doesnt make them anymore. The only way I have seen Blue (or stainless) Pythons for sale is consignment. The 6" Blue in about 85% condition seems to go for roughly $1500 at the Bay Area gun stores when I see them - which has been 2x in 3 years. One 2.5" (? I think that is a rare size or it was really a 3") went for $1800 at Bullseye in Marin, the other was a 6" Blue which was sort of beat up and it went for $1500 in San Jose. So a mint or 95%+ Blue 6" consignment is just so rare and $ it gets beyond reasonable.

    My sincere thanks for the great advice and timely nature. I thought there was a family exemption but it appears it helps me not. Maybe my 23 year old cousin will adopt his 45 year old relative and gift me back my Python :p

    Regards,
    Gileas aka Jim Bianco
     
  5. mgkdrgn

    mgkdrgn Member

    Joined:
    Jul 21, 2008
    Messages:
    3,914
    Location:
    Lexington, SC
    Sam,

    Unfortunately, if the Calif list does not =specifically= list the blued Python, then the blued Python is =not= Calif legal. The fact that the stainless =is= listed is of no consequence. (ya, makes no sense to me either ... but it's Calif so it doesn't have to)
     
  6. wishin

    wishin Member

    Joined:
    Nov 20, 2009
    Messages:
    2,430
    Location:
    Georgia
    Sounds to me like you lent the gun to him, therefore no transfer should be required. Did any paperwork exchange hands at the time? In my way of thinking, it's not a low road approach given the facts.
     
  7. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    That's the way it sounds like to me as well. There would be paperwork required in California, however. It's the personal handgun importer's registration form (or something like that).

    Since gileas originally owned the gun and simply "temporarily loaned it" to the cousin and is now getting back the gun that he previously owned, if the gun is not already registered in California I would simply go get it, bring it back, and register it via the personal handgun importer's form.

    Shipping is out of the question, the gun would have to retrieved by the owner or brought to California by the cousin.

    Intra-familiar transfer from father to son, etc, without an FFL only works if both the father and son (or other allowed relatives) are both the residents of the same state. In free states, any state resident can give another same state resident the gift/private sale of a gun with no FFL required.
     
  8. deadin

    deadin Member

    Joined:
    Jul 13, 2005
    Messages:
    2,125
    Location:
    Ocean Shores, WA
    I think the real question is "Did any money change hands?"
    (Of course proving that it didn't will be as hard as proving that it did.:evil:)
     
  9. gileas

    gileas Member

    Joined:
    Sep 12, 2010
    Messages:
    3
    Yeah, neither money nor paperwork changed hands. I legally owned it and basically just let him have it since he liked it so much, this may be a solid solution to my problem. the drive to Iowa is not daunting when compared to trying to get a Blue out here!
    Thanks again! (And I dont understand the Stainless rule either, CA, who can figure it out!)
    Regards,
    Gileas aka Jim Bianco
     
  10. 357reloading

    357reloading Member

    Joined:
    Aug 24, 2010
    Messages:
    104
    have a nephen in CA that will get some guns, but shame have to be dead to give them away.
    better to sell here and just send beer coupons at Hooters.
     
  11. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
Thread Status:
Not open for further replies.

Share This Page