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

Discussion in 'Legal' started by Rum Smuggler, Dec 1, 2012.

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  1. Rum Smuggler

    Rum Smuggler Member

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    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.
     
  2. fredg

    fredg Member

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  3. WNC Seabee

    WNC Seabee Member

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    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
     
  4. firesky101

    firesky101 Member

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    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.
     
    Last edited: Dec 3, 2012
  5. Frank Ettin

    Frank Ettin Moderator

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    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).
     
  6. Nickel Plated

    Nickel Plated Member

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    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.
     
  7. Frank Ettin

    Frank Ettin Moderator

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    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:
     
  8. Quiet

    Quiet Member

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    What Frank Ettin posted is correct.
     
  9. Nickel Plated

    Nickel Plated Member

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    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.
     
  10. Sam1911

    Sam1911 Moderator

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    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.
     
  11. Frank Ettin

    Frank Ettin Moderator

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    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.
     
  12. Sam1911

    Sam1911 Moderator

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    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.
     
  13. Rum Smuggler

    Rum Smuggler Member

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    Wow thanks for all the responses.
    My Dad also lives in California.
     
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