The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old April 21, 2013, 12:17 AM   #1
angrytripod
Junior Member
 
Join Date: March 29, 2013
Posts: 4
interstate transfer

couldn't find a thread matching mine. so here I am asking. my brother in law wants a Wilson combat in 9mm. it's not on California's roster. what would be a legal way for him to own it down there. could I buy and gift? could he buy it here. I've tried reading the laws but alas I'm a simple man and can't quite grasp the concepts. Any help would be greatly appreciated.
angrytripod is offline  
Old April 21, 2013, 12:24 AM   #2
JimDandy
Senior Member
 
Join Date: August 8, 2012
Posts: 2,454
Where is "here"?

You could buy it and gift it. But I don't think he can take possession without you shipping it to a local (to him) FFL. And he certainly can't pay you back for your "gift". If there is any ability for someone talking about it to put air quotes around gift like I just did, you could get in trouble for it. It has to be a bona fide gift.

I don't know exactly what you mean by not on CA's roster. If the arms on the roster are legal, he could probably order it locally, if on CA's roster means those firearms are illegal, the only way I can imagine, and this is a long shot- he could join the military, Move his official state of residence to Alaska for tax reasons and get stationed back in California. When I was poking around I saw an exemption to the State AWB for service members assigned to a duty station in California- though registration was still required.
JimDandy is offline  
Old April 21, 2013, 01:27 AM   #3
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,509
If it isn't on California's DOJ roster of approved firearms, he cannot take possession of it in California. You are in another state, so a gift from you would be an interstate transfer. Since it's a handgun, an interstate transfer MUST go through an FFL in California, and an FFL in California cannot transfer a handgun that isn't on the DOJ roster of approved firearms.
Aguila Blanca is offline  
Old April 21, 2013, 01:33 AM   #4
sigcurious
Senior Member
 
Join Date: May 25, 2011
Posts: 1,755
Assuming they haven't changed the law recently, he can do a single shot exemption. Head here, to find out more.

ETA: Time may have run out. You(or your brother) should look into and follow AB-169.

Last edited by sigcurious; April 21, 2013 at 01:45 AM.
sigcurious is online now  
Old April 21, 2013, 02:43 AM   #5
Librarian
Senior Member
 
Join Date: June 4, 2007
Location: Concord, CA
Posts: 142
Quote:
my brother in law wants a Wilson combat in 9mm. it's not on California's roster.
Single Shot Exemption is probably the answer - see the long thread at Calguns

As you seem to already understand, the issue is the Roster.

A handgun not on the Roster may not be transferred into or in California unless
* the buyer is exempt from the Roster (principally LEO)
* the transaction is exempt - intrafamilial (child/parent/grandparent - brothers and cousins and whatnot are not included) or Private Party Transfer (2 parties with CA ID meet at a CA FFL)
* the gun is exempt from the Roster (one example, Single Shot Exemption)
__________________
See the CALGUNS FOUNDATION Wiki for discussion of California firearms law.

The FAQ page is here.
Librarian is offline  
Old April 21, 2013, 08:13 AM   #6
angrytripod
Junior Member
 
Join Date: March 29, 2013
Posts: 4
thank you so much for the words of wisdom. i will look into the single shot exemption, he lives in California the wilson combat cqb in .45 is approved the wilson combat cqb in 9 is not. Rational? so im trying to figure out the best way to help him out. thank you guys again.

Last edited by Vanya; April 21, 2013 at 09:02 AM. Reason: insult.
angrytripod is offline  
Old April 21, 2013, 11:02 AM   #7
Aguila Blanca
Senior Member
 
Join Date: September 25, 2008
Location: CONUS
Posts: 6,509
The rational is that each firearm on the roster has to be submitted by the manufacturer to the California DOJ for drop testing, and the process is expensive. The way the law is written (or the regulation), each permutation and combination must be tested separately, so manufacturers generally can't justify submitting every model variation they offer for the testing. They pick the models they think will sell most/best.

A 1911 in 9mm is not most people's first choice, and I'm sure Wilson Combat had to look at how many they might actually sell in California against what it would cost them to get it added to the roster. If they had thought the numbers would work, I'm sure they would have done it.
Aguila Blanca is offline  
Old April 22, 2013, 02:50 PM   #8
Vibe
Member
 
Join Date: October 15, 2002
Location: Arkansas, USA
Posts: 73
I have to ask.
Does he want to own it? Or does he want to to have possession of it in CA.?
If the just want to own it, you could buy it and maintain possession, whith him being free to use it when he comes to visit, and free to take possession when he escapes CA. If the want to have possession of it in CA. then you might have a problem. I think there are a lot of NY residents now that have out of state family entrusted with holding entire gun collections for them right now.
__________________
The opinion of 10,000 men is of no value if none of them know anything about the subject.
- Marcus Aurelius -

TFL Member #17104
Vibe is offline  
Old April 22, 2013, 04:39 PM   #9
2ndsojourn
Senior Member
 
Join Date: January 15, 2013
Location: South Jersey
Posts: 671
From Vibe:
"I think there are a lot of NY residents now that have out of state family entrusted with holding entire gun collections for them right now."

Wouldn't that make them felons? Both parties, actually.
2ndsojourn is online now  
Old April 22, 2013, 05:26 PM   #10
JimDandy
Senior Member
 
Join Date: August 8, 2012
Posts: 2,454
Not necessarily.

If I pay my grandma $1 to rent the space under her bed in perpetuity, and leave my cased and locked firearms there for when I come out to visit, I assume they would still be considered in my possession- they're in a storage area I'm paying rent for, and locked so only I can access them. Locking them up is enough to prevent a felon roommate from having "possession" of your firearms.
JimDandy is offline  
Old April 23, 2013, 04:48 AM   #11
2ndsojourn
Senior Member
 
Join Date: January 15, 2013
Location: South Jersey
Posts: 671
^^^ Good point! And a possible solution to an issue that hits close to home. I'll have to look into that. Thanks!
2ndsojourn is online now  
Old April 23, 2013, 07:39 AM   #12
Willie Sutton
Junior member
 
Join Date: January 26, 2012
Posts: 1,066
^^ Decades late to the party!

When the EBR ban came out in NJ "way back when" there was a rash of different schemes set up to store collections in PA for NJ residents. I hauled my entire collection west across the river, bought a safe, and paid a gunsmith in PA rent for the floor-space for the safe and life was good. There was no reason for using a FFL/Smith other than that he was a friend and had an alarm system. Some other friends of mine got together as a group, rented a mini-storage spot (inside one, heated, alarmed, only accessable when it was attended, etc) and put a dozen individual safes in the spot, one for each owner. There would be no reason at all not to put a safe in Grannies cellar. In fact, there is no reason a NJ resident could not set up a PA NFA Trust and keep a collection of NFA weapons in a safe in PA. No reason not to change out "NJ" for "CA" and "PA" for "AZ, NV, OR, etc" for CA guys who want to own and shoot cool stuff.

It is SO nice to live in Wisconsin now... Turn the lights off when you leave.


Willie


.
Willie Sutton is offline  
Old April 23, 2013, 10:17 AM   #13
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,795
All the discussion about storing guns out of state might be interesting, but I suspect it's really not helpful and off topic.

Somehow I have a feeling that the OP's friend would want to have possession of the pistol in California. I have trouble imagining that the OP's friend would be satisfied buying a custom 1911 costing several thousand dollars and locking it up in another State.
__________________
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
Frank Ettin is offline  
Old April 23, 2013, 10:23 AM   #14
JimDandy
Senior Member
 
Join Date: August 8, 2012
Posts: 2,454
I know I wouldn't, but that's about the size of it.

Jump through fairly ridiculous hoops like joining the military with an out of state official residence and get posted to his same neighborhood, Try and work some sort of "one shot" exemption, or store it out of state.
JimDandy is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 10:32 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.10632 seconds with 9 queries