A friend from San Diego County, California, will be visiting in Montana for a few weeks. May I give her a cartridge rifle and cartridge revolver, each with a few boxes of ammunition. May she legally return to California with guns and ammunition to use/have without any interference, regulation, registration - that is, with zero governmental interference?

How is she returning to California?

Jim

quote:

Originally posted by Naphtali:
A friend from San Diego County, California, will be visiting in Montana for a few weeks. May I give her a cartridge rifle and cartridge revolver, each with a few boxes of ammunition. May she legally return to California with guns and ammunition to use/have without any interference, regulation, registration - that is, with zero governmental interference?

No.

For any long gun purchase by an out of state resident, the transaction must be completed by an FFL holder. For handgun transfers, the handgun must be shipped to a FFL holder in the resident's home state.

California is even more complex with various guns prohibited. I don't know all the nuances thereof but am very glad I moved away for California many years ago before things were so affected by liberal loonies.

Is this person traveling by Public Transportation or using their own vehicle?

quote:

Originally posted by Crazyhorseconsulting:
Is this person traveling by Public Transportation or using their own vehicle?

She will be driving her own car.

In Colorado, even a licensed FFL holder cannot do a transfer (ftf) of ANY kind of a firearm to a California resident. They won't even run the background check.

Three questions to answer:

1. Are the firearms in question legal to possess in the state of california?

2. Does the state of Montana require a FFL transfer of a firearm for face to face exchanges?

3. Does the state of California require it's residents perform a FFL transfer on firearms acquired out of state?

If the answer is no across the board she should be good. Number one depends on the type of firearm you are transfering to her. I beleive number three is a big "NO". it is my understanding that California requires a FFL tranfer on all firearms acquired out of state.

The big question is, "Is she a resident of California while she is in Montana"? The law is unclear on what defines residency. You don't have to be a legal resident, just a resident. Temporary resident? Really a gray area.

Another question is, is this a gift from family? If so, it might be a intra family transfer that would make it ok.

Federal law states that the transfer of any firearm between people who are residents of different states can only legally be done by an ffl. No private, face to face transfer of a firearm is allowed by federal law between people who are residents of different states.

Here is the info directly from ATF:

2. May I lawfully transfer a firearm to a friend who resides in a different State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and
http://www.atf.gov/firearms/fa...icensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

The above applies to any type of firearm transfer including gifts.

Strangely at the last ATF seminar last year they stated anyone in California can go to Nevada and sell any firearm directly without issue. This was during the topic of "Home Built", unserialized firearms. I know the ATF has provisions for firearms transfers intra family (father to son, daughter to father, etc.).

i know it come to the definition of residency.

Another option is to self registration. My daughter just did a self registration on a shotgun. State of California just sent her the completed paperwork.

Or you could leave California, like a number of companies have done, e.g., Buck Knives.

SFLaws the way I see it!

And they think passing such laws is going to make us follow them absolutely?

George

The firearms would need to go through a licensed dealer for transfer in her state of California. The revolver would need to be on the California list of approved handguns or a California dealer can't even transfer it.

If she were to claim Montana residency and take possession of the firearms there, then California has this:

"Pursuant to Penal Code sections 17000 and 27560, any person who moves into California with a firearm is considered a "Personal Firearm Importer" and is required by California law to do one of the following within 60 days:

Complete and submit a New Resident Report of Firearm Ownership (BOF 4010A), pdf along with $19.00 to the California Department of Justice, Bureau of Firearms;

Sell or transfer the firearm to a California licensed firearms dealer or to another individual using a California licensed firearms dealer to conduct the transaction; or

Sell or transfer the firearm to a California police or sheriff department. Persons choosing this option should contact the law enforcement agency for instructions prior to transporting the firearm to the agency."

quote:

Originally posted by Naphtali:
A friend from San Diego County, California, will be visiting in Montana for a few weeks. May I give her a cartridge rifle and cartridge revolver, each with a few boxes of ammunition. May she legally return to California with guns and ammunition to use/have without any interference, regulation, registration - that is, with zero governmental interference?

Legally, no. The firearm has to be transferred by FFLs. I'm not aware of a law concerning ammunition, but haven't looked for one.

Would you be comfortable with strangers knowing about an unofficial, not-legal transfer? If she was stopped at an agricultural inspection station by someone who snooped her trunk, or a state police officer for speeding or a broken tail-light it could get real sticky.

quote:

Originally posted by Grenadier:
The firearms would need to go through a licensed dealer for transfer in her state of California. The revolver would need to be on the California list of approved handguns or a California dealer can't even transfer it.

If she were to claim Montana residency and take possession of the firearms there, then California has this:

"Pursuant to Penal Code sections 17000 and 27560, any person who moves into California with a firearm is considered a "Personal Firearm Importer" and is required by California law to do one of the following within 60 days:

Complete and submit a New Resident Report of Firearm Ownership (BOF 4010A), pdf along with $19.00 to the California Department of Justice, Bureau of Firearms;

Sell or transfer the firearm to a California licensed firearms dealer or to another individual using a California licensed firearms dealer to conduct the transaction; or

Sell or transfer the firearm to a California police or sheriff department. Persons choosing this option should contact the law enforcement agency for instructions prior to transporting the firearm to the agency."

That is insane, but second only to Illinois' absurd laws...These people think that the rest of the country should follow suit?

O.K. here is a case in point. I bought a pair of 1st Gen. Colt Peacemakers,consec. ser.#'s at an estate auction many years ago.They had the old hard rubber grips. I wanted Ivory.I contacted Hartford + was told,just remove the cyliders + you can ship as a non-gun.Don't try to convince UPS of this of course because as their hair brained counter help ( ala,would you like fries with that) said,"That's how terrorists get their guns."