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Posted: 12/8/2014 3:40:27 PM EDT
Hey everyone, new to the board and I had a question regarding how I can get my handguns up to me. My home address is in California but I am now in Washington for work and I'm going to be here for a long period of time. I live with my brother in law while I'm here and can't seem to get my two handguns shipped to me, all the gun stores up here will not accept a transfer and USPS, UPS, and FedEx won't do it either. My girlfriend will be flying up for Christmas and I'm wondering if she would be able to bring them up. The guns are registered in my name and my address not hers. Would it be an issue or is it good to go?
Link Posted: 12/8/2014 7:28:03 PM EDT
[#1]
I can't believe you can't find an FFL willing to accept at least an FFL to FFL transfer from California.

It may be considered an illegal transfer under California law for her to pick them up from your California residence.

However, no one is likely to actually check.  She can fly with the handguns in checked baggage.  She'll need a hardsided lockable gun case.  She should read all the procedures found at the TSA website on traveling with firearms.
Link Posted: 12/8/2014 11:41:41 PM EDT
[#2]
Quoted:
Hey everyone, new to the board and I had a question regarding how I can get my handguns up to me. My home address is in California but I am now in Washington for work and I'm going to be here for a long period of time. For the purposes of acquiring firearms, ATF considers you a resident of the state where you make your home. Your "home address" is immaterial. While you are in Washington you are a WA resident for the purposes of acquiring firearms.

The handguns can be shipped to a WA dealer to transfer to you via a 4473/NICS. You will need a valid government issued photo ID.....if the ID does not show your current residence address in WA then you'll also need to provide the dealer with alternate government issued documents that show your name and current residence address. If it was me I would get a WA drivers license (which may be required if you are in the state for a specific time period)



I live with my brother in law while I'm here and can't seem to get my two handguns shipped to me, all the gun stores up here will not accept a transfer and USPS, UPS, and FedEx won't do it either. Check the WA HTF for a kitchen table dealer who can do the transfer. Interstate shipments of a firearm must be shipped to a licensed dealer UNLESS you are shipping the guns to yourself. Girlfriend, best friend, neighbor or momma cannot ship it directly to you...........that's a federal felony. Only YOU can ship to YOU at an address in another state. That said UPS and FedEx will not ship nonlicensee to  nonlicensee. USPS will only ship rifles and shotguns. That means your only option is to have someone in CA ship it to a WA dealer.



My girlfriend will be flying up for Christmas and I'm wondering if she would be able to bring them up.
Good lord no.......even though they are owned by you, that would be an illegal interstate transfer of a firearm.....a federal crime.
The guns are registered in my name and my address not hers. Would it be an issue or is it good to go?
They are registered under CA law, which has nothing to do with Federal law.
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Quoted:
.......She can fly with the handguns in checked baggage.
That would be an illegal transfer under Federal law since they are currently residents of two different states.
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Link Posted: 12/10/2014 12:37:41 PM EDT
[#3]
Thanks guys, yeah from everything I have searched I found all regulations as to bringing it in a hard locked case and each FFL up here in my nearby areas will not accept them. Find it strange because there are so many FFLs here and after hours of calling I've been told they won't accept it. Either way, I will get them one way or another. Thanks again!
Link Posted: 12/10/2014 7:43:29 PM EDT
[#4]
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Quoted:

Quoted:
.......She can fly with the handguns in checked baggage.
That would be an illegal transfer under Federal law since they are currently residents of two different states.


Hmmmmm, from the facts described, I did not conclude that the OP was a resident of Washington.  What did you read that led you to that conclusion?

But never mind, reading Washington's new I594 initiative, the transaction proposed would be in fact illegal.

The only solution is for the OP to return to California and retrieve his property himself. Or keep looking for an FFL to receive it, although that would require that he be able to prove Washington residency to the FFL.
Link Posted: 12/10/2014 9:17:49 PM EDT
[#5]
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Quoted:
Hmmmmm, from the facts described, I did not conclude that the OP was a resident of Washington.  What did you read that led you to that conclusion?

.
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Where he said this: "My home address is in California but I am now in Washington for work and I'm going to be here for a long period of time"
ATF doesn't care what drivers license you have, where you vote, pay taxes, or own property...........only your actual residence address. If the OP is living in WA.......he's considered a WA resident for the purposes of acquiring a firearm.
Here's the ATF Ruling on "State of Residence" : https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-2010-6.pdf
Link Posted: 12/11/2014 12:53:30 PM EDT
[#6]
Dogtown, from that ATF document:

An individual resides in a State if he or she is present in a State with the intention of making a home in that State.”
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I didn't see his intention to make a home in Washington, but his post could be read that way.  But regardless, prohibited by at least state law in Washington.
Link Posted: 12/11/2014 1:11:24 PM EDT
[#7]
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Quoted:
Dogtown, from that ATF document:



I didn't see his intention to make a home in Washington, but his post could be read that way.  But regardless, prohibited by at least state law in Washington.
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Quoted:
Dogtown, from that ATF document:

An individual resides in a State if he or she is present in a State with the intention of making a home in that State.”


I didn't see his intention to make a home in Washington, but his post could be read that way.  But regardless, prohibited by at least state law in Washington.

"Making a home" doesn't have to be permanent.
Note that this ruling on State of Residence makes other references, including this one for college students:
https://www.atf.gov/files/regulations-rulings/rulings/atf-rulings/atf-ruling-80-21.pdf
I don't think anyone would make the argument that a dorm room is a home, but ATF seems fine with it.
Link Posted: 12/16/2014 1:23:01 AM EDT
[#8]
Why does there need to be a transfer?  The guns are his.  If I go from one state to another, whether permanently or temporarily, I don't need to have my guns transferred to me.
Link Posted: 12/16/2014 6:23:43 AM EDT
[#9]
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Quoted:
Why does there need to be a transfer?  The guns are his.  If I go from one state to another, whether permanently or temporarily, I don't need to have my guns transferred to me.
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If he transports them himself, it's not a transfer.  If they're shipped like he wants in the OP, it is.  When the ATF talks about a transfer, they mean a transfer of possession, not ownership.
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