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Thread: Buying a gun out-of-state scenario

  1. #1
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    I would like to buy a gun in Utah where I own a home. But in order to purchase a piece one would have to be a resident or at least show ID such as a DL.

    I could buy but the merchant would have to ship it to a FFL here in SJ. I want to avoid the fees they charge, which IMHO is a rip off.

    So why couldn't I just have a resident of UT friend buy the gun and "give " it to me? I plan to visit UT in March and had plans to purchase some handguns as the prices there are more reasonable than here in SJ. Plus I wouldn't have to pay a background check because I hold a UT CFP. So wait time from purchase to delivery of weapon is about 5 minutes.:celebrate

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    Regular Member Decoligny's Avatar
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    Hawaii FiveO wrote:
    I would like to buy a gun in Utah where I own a home. But in order to purchase a piece one would have to be a resident or at least show ID such as a DL.

    I could buy but the merchant would have to ship it to a FFL here in SJ. I want to avoid the fees they charge, which IMHO is a rip off.

    So why couldn't I just have a resident of UT friend buy the gun and "give " it to me? I plan to visit UT in March and had plans to purchase some handguns as the prices there are more reasonable than here in SJ. Plus I wouldn't have to pay a background check because I hold a UT CFP. So wait time from purchase to delivery of weapon is about 5 minutes.:celebrate
    Because you would be violating both Federal and California law.

    For another person to buy a gun, when you are not allowed to (in Utah), is a Straw Purchase and is a Federal Offense.

    If your friend were to legally buy a gun as a legitimate gift, he would still have to ship the gun to a CA FFL and you would have to pay the fees and wait the 10 days.

    It is a P.I.T.A. but do it the right way, obey the laws.

  3. #3
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    Decoligny wrote:
    Hawaii FiveO wrote:
    I would like to buy a gun in Utah where I own a home. But in order to purchase a piece one would have to be a resident or at least show ID such as a DL.

    I could buy but the merchant would have to ship it to a FFL here in SJ. I want to avoid the fees they charge, which IMHO is a rip off.

    So why couldn't I just have a resident of UT friend buy the gun and "give " it to me? I plan to visit UT in March and had plans to purchase some handguns as the prices there are more reasonable than here in SJ. Plus I wouldn't have to pay a background check because I hold a UT CFP. So wait time from purchase to delivery of weapon is about 5 minutes.:celebrate
    Because you would be violating both Federal and California law.

    For another person to buy a gun, when you are not allowed to (in Utah), is a Straw Purchase and is a Federal Offense.

    If your friend were to legally buy a gun as a legitimate gift, he would still have to ship the gun to a CA FFL and you would have to pay the fees and wait the 10 days.

    It is a P.I.T.A. but do it the right way, obey the laws.
    I would never break any law, especially a federal one. But I also plan to fly to TX where my sister lives and who will be "giving" me my mom's .32 SWshe no longer wants. How would that be any different from a "friend" in Utah "giving" me a gun? Please don't tell me she would have to ship the gun to a FFL here in CA.

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    Regular Member mjones's Avatar
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    Hawaii FiveO wrote:
    I would never break any law, especially a federal one. But I also plan to fly to TX where my sister lives and who will be "giving" me my mom's .32 SWshe no longer wants. How would that be any different from a "friend" in Utah "giving" me a gun? Please don't tell me she would have to ship the gun to a FFL here in CA.
    Parent to Child is a qualfyingintrafamiliar transfer so it doesn't need to go through an FFL. Simply file the form with the CA DoJ - I think the cost is either 19 or 29 bucks.

    However, I do not know if its somehow different because you and your mother are residents of different states.

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    mjones wrote:
    Parent to Child is a qualfyingintrafamiliar transfer so it doesn't need to go through an FFL.
    um, no. Read 18 USC 922.

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    Hawaii FiveO wrote:
    I would like to buy a gun in Utah where I own a home. But in order to purchase a piece one would have to be a resident or at least show ID such as a DL.
    As far as federal law goes, see 18 USC 922 and read it very carefully - while you can go and receive guns in any state, if you do so outside your state of residence (i.e., a place you make your home), you violate federal law by taking the gun out of that state. - presumably, even if you later become a resident of Utah you can never move the gun out of that state.

    If you move back to Utah for a spell, and make a home there, you can buy guns there and later bring them to California (and register their importation if they are handguns of course) - and, you can buy them privately so you do not need to have Utah ID and buy them from a dealer.

    But that sounds like a hassle to me - why not just have the dealer ship the gun to a CA dealer?

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    Regular Member mjones's Avatar
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    Mike wrote:
    mjones wrote:
    Parent to Child is a qualfyingintrafamiliar transfer so it doesn't need to go through an FFL.
    um, no. Read 18 USC 922.
    Hence my

    mjones wrote:
    However, I do not know if its somehow different because you and your mother are residents of different states.



    I had the time todo a little research - slight rewrite from bweise at CalGuns.net

    NO. STOP. DO NOT PASS GO.

    I'm assuming you are a California resident.

    You have to obey both Federal AND California laws. You cannot take possession of the gunin another stateunless youare a resident of that state.

    You generally cannot cross state lines to take possession of guns without use of an FFL to facilitate transfer. (Exceptions are for probate/inheritance.)

    This gun HAS to go thru a CA FFL to keep the Feds/BATF happy, even though CA itself does not require it.

    As such, you will need to find a coopeartive CA FFL that realizes intrafamily interstate transfers of non-Rostered handguns are legal.

    1. Your folks ship the gun to your CA FFL. They should include a gift
    letter saying, "I want my son Johnny to have this HK 45 pistol, serial#
    12345. <signed> Mommy Gunnie"

    2. You'll need to have a valid HSC card (Handgun Safety Certficate) -
    $25 and a simple test on gun safety if you don't have one.

    3. You DROS the HK45 at your CA FFL when it arives. Your FFL's DROS
    computer screen will have a Roster area and in it he will fill it out
    something like "12078PC intrafamily transfer - exempt from Roster".

    4. He should keep a copy of the gift letter in his files along with your
    4473/DROS paper just in case an auditor has a question - makes life
    easy.

    This is the only way. You may have a bit of a time finding a CA FFL that will do this because many don't understand the interplay of the laws.

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