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Thread: Intro with some questions

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    Intro with some questions

    Hey everyone I'm in San Diego and I just FINALLY got a handgun. After many years of wanting one my Paternal father gave me one. He lives in Texas and sent it to me, and we didn't go through the registration process. so it's still reg'ed to him. If I get check on this gun can they take it from me because it's not reg'ed to me?

    Also I'm reading about the e-check. I'm hearing about people saying no to it. Why?
    Also If you decline can they step up the process and handcuff you and do it against your will? Is it like needing a search warrant for searching a house?

    I own several long guns/rifles, and used to shoot out at JAcumba the Carrizo shooting range. Is it still available to shoot at?

    We also used to rive out behind Jacumba to several areas out there but last time I was there they had a fenced gate going across the area where you drive over the train tracks to get to the trail to go out behind Jacumba. In talking to the BLM office in El Centro they said that part of that land back there is private and that's why the fence is there. What about the shooting area behind that? Is it still accessible and is that ok to shoot at still to?

    Thanks

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    Your concerns are valid



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    Unlicensed Persons Questions

    To whom may an unlicensed person transfer firearms under the GCA?
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    Q: To whom may an unlicensed person transfer firearms under the GCA?

    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
    Q: From whom may an unlicensed person acquire a firearm under the GCA?

    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
    Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

    From: http://www.atf.gov/firearms/faq/unli...-state-firearm



    You should be concerned ... and seek some professional legal advice ...

    Normally, what is done is that the previous owner in Texas would contact a ffl and he would ship the gun to the ffl in California who would then transfer the gun to you.

    Of course, CA limits the guns available to be transferred ... by models ... see CA Penal code 31900 through 31910
    The handguns "approved" are online at a CA DoJ website.

    And welcome to the forum.
    Last edited by davidmcbeth; 01-21-2013 at 01:43 PM.

  3. #3
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    Quote Originally Posted by davidmcbeth View Post
    [SIZE=1]

    Of course, CA limits the guns available to be transferred ... by models ... see CA Penal code 31900 through 31910
    The handguns "approved" are online at a CA DoJ website.

    And welcome to the forum.
    Yeah the DOJ website doesn't list my gun, it's a Tanfoglio 9mm tz-75

    It's an older gun from around '88.

    Should I assume because it's not listed it's not allowed?

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    Quote Originally Posted by xwindowuser View Post
    ...He lives in Texas and sent it to me, and we didn't go through the registration process. so it's still reg'ed to him...
    It is not registered to him. There is no registration in Texas, nor most of the country. Most Californians are surprised by this.

    However, the only legal way for him to have "sent it to" you would be shipping it to a licensed dealer in your state, where the CA registration to you would have been done as part of the transfer.

    You may wish to do some covert research before admitting to anything, and finding out how (if even possible) to rectify the situation legally.
    Last edited by MAC702; 01-21-2013 at 03:11 PM.
    "It's not important how many people I've killed. What's important is how I get along with the people who are still alive" - Jimmy the Tulip

  5. #5
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    I just doing a google search found this auction that has ended with the gun that I have:
    http://www.gunauction.com/buy/106895...ue-pistol-lnib

    Not allowed to be transferred in Ca.

    Guess I should talk to a transfer agent and see what they say.

    What about buying a gun in Texas and driving it back into Ca?

    What if I owned the gun before they took it off the approved list? if it grandfathered in to own?

    Or is Ca so police state now that I have to turn it in?

    Thanks
    Last edited by xwindowuser; 01-21-2013 at 03:35 PM.

  6. #6
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    On the Ca DOJ site it says
    "Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement."

    I would think it would be considered a private party transfer.

  7. #7
    Regular Member mjones's Avatar
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    Quote Originally Posted by xwindowuser View Post
    On the Ca DOJ site it says
    "Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement."

    I would think it would be considered a private party transfer.
    No, Private Party Transfers (PPT) in CA are between two people who are both residents of the state of California.

    Your father giving you a gun is known as an Intrafamilial Transfer. With regard to the transfer those are also transferred as 'roster exempt' So, it is legal for an FFL to transfer you the handgun due to it being intrafamilial.

    IF you and your father had both been residents of CA, he could have simply handed it to you and then you register it with the state. However, because you are residents of different states, federal law requires that it be transferred through a deal in the recipient's state.
    Last edited by mjones; 01-21-2013 at 05:30 PM.

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