Here's the deal. My grandfather passed away a few years ago and had a few guns that ended up with my parents. They were given to me and my brother a year after his passing. We made an agreement that he could have the shotgun and I would take the two rifles. Since my brother lives in CA, I have been holding on to them for a couple years. This year he decided he wanted the shotgun so he could bird hunt with his father-in-law.
Here comes my questions. I was under the impression that we'd have to go through an ffl for the transfer, since it was going across state lines. It really wouldn't be a "transfer" since the gun is actually his, but I just thought that since it is going to CA, it would have to be done this way. Is this right?
He called today after talking with some local gun shops (CA), and one of the shop owners told him to just take it on the plane with him next time he comes back to IN. He also said that I, or other family member, could do the same. This doesn't sound right to me. I was under the impression that CA gun laws are real strict, and that seemed to be too easy. Don't get me wrong, I'm all for zero gun laws, etc.
I did some research and I came up with this from the CA Attorney General website:
Sales, Loans, or Transfers of Firearms
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section 12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan, or transfer is completed through a licensed firearms dealer. (Penal Code §§ 12071, 12072, 12082.)
Exceptions
1) The dealer licensing and reporting requirements do not apply to the sale, lease, or transfer of any firearm in the following instances (Penal Code § 12078(u)):
• Firearms obtained by individuals through operation of law, such as:
- the executor or administrator of an estate;
- a trustee in a bankruptcy proceeding;
- an assignee for creditors;
- a receiver for an estate in receivership;
- a surviving spouse;
- a transfer of property between spouses.
After reading this, I am starting to agree with the CA gun shop. He received the shot gun as part of the estate. My brother is going to investigate further, but I was wondering if any of you INGOer's have any experience with this.
TIA
Here comes my questions. I was under the impression that we'd have to go through an ffl for the transfer, since it was going across state lines. It really wouldn't be a "transfer" since the gun is actually his, but I just thought that since it is going to CA, it would have to be done this way. Is this right?
He called today after talking with some local gun shops (CA), and one of the shop owners told him to just take it on the plane with him next time he comes back to IN. He also said that I, or other family member, could do the same. This doesn't sound right to me. I was under the impression that CA gun laws are real strict, and that seemed to be too easy. Don't get me wrong, I'm all for zero gun laws, etc.
I did some research and I came up with this from the CA Attorney General website:
Sales, Loans, or Transfers of Firearms
It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section 12071, to sell, loan, or otherwise transfer a firearm to a non-licensed person unless the sale, loan, or transfer is completed through a licensed firearms dealer. (Penal Code §§ 12071, 12072, 12082.)
Exceptions
1) The dealer licensing and reporting requirements do not apply to the sale, lease, or transfer of any firearm in the following instances (Penal Code § 12078(u)):
• Firearms obtained by individuals through operation of law, such as:
- the executor or administrator of an estate;
- a trustee in a bankruptcy proceeding;
- an assignee for creditors;
- a receiver for an estate in receivership;
- a surviving spouse;
- a transfer of property between spouses.
After reading this, I am starting to agree with the CA gun shop. He received the shot gun as part of the estate. My brother is going to investigate further, but I was wondering if any of you INGOer's have any experience with this.
TIA
