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Posted: 9/1/2021 5:10:49 PM EST
Florida member here. I was wanting to know about the California state law in regards to pump shotguns. Barrel length, magazine capacity ( tube mag ). The gun is an 870 with the factory wood stock, 20” deer barrel with a 2 shot extension.
Thanks in advance.
Link Posted: 9/1/2021 6:22:40 PM EST
[#1]
Nothing about that gun would violate any laws here.  Not sure what you wish to know specifically.
Link Posted: 9/1/2021 7:46:40 PM EST
[#2]
Thanks for the reply. My son lives in San Diego and I just wanted to know if it meets Ca. law before he takes it back home .
Link Posted: 9/1/2021 8:49:17 PM EST
[Last Edit: Homeinvader] [#3]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By XM21Nick:
Thanks for the reply. My son lives in San Diego and I just wanted to know if it meets Ca. law before he takes it back home .
View Quote


Hold on a second…..

What you’re asking about is legal, but what you’re planning is not.

While the gun is legal here, you can’t just give him your shotgun and have him just bring it home to California. While it could well be a gift and from father to son, which would qualify as an Intrafamilial Transfer, it would still be an interstate firearm transfer that would have to go through an FFL.

If you both lived in CA, then you could just give it to him, but not in this case.
Link Posted: 9/1/2021 11:47:35 PM EST
[#4]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Homeinvader:


Hold on a second…..

What you’re asking about is legal, but what you’re planning is not.

While the gun is legal here, you can’t just give him your shotgun and have him just bring it home to California. While it could well be a gift and from father to son, which would qualify as an Intrafamilial Transfer, it would still be an interstate firearm transfer that would have to go through an FFL.

If you both lived in CA, then you could just give it to him, but not in this case.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Homeinvader:
Originally Posted By XM21Nick:
Thanks for the reply. My son lives in San Diego and I just wanted to know if it meets Ca. law before he takes it back home .


Hold on a second…..

What you’re asking about is legal, but what you’re planning is not.

While the gun is legal here, you can’t just give him your shotgun and have him just bring it home to California. While it could well be a gift and from father to son, which would qualify as an Intrafamilial Transfer, it would still be an interstate firearm transfer that would have to go through an FFL.

If you both lived in CA, then you could just give it to him, but not in this case.


The funny thing is that to the best of my knowledge, CA still doesn't care if the intrafamilial transfer is interstate or intrastate, but the Feds sure do (not like they'd have been any the wiser, though, had the OP not posted about it), although anything brought in has to be reported and registered.

Now that the cat's out of the bag, the OP should send it to his son's FFL.  I'd suggest transferring off-roster pistols in the future, since intrafamilial transfers are exempt from the roster.
Link Posted: 9/2/2021 8:38:38 AM EST
[#5]
Wow, thanks for the advice. He also wants to bring back home his Sig 226 which I have been keeping here in Florida for the last 3 years while he’s been on deployments.
So to do that legally I will have to ship it from my FFL to an FFL there correct ?
Link Posted: 9/2/2021 10:51:58 AM EST
[Last Edit: Homeinvader] [#6]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By XM21Nick:
Wow, thanks for the advice. He also wants to bring back home his Sig 226 which I have been keeping here in Florida for the last 3 years while he’s been on deployments.
So to do that legally I will have to ship it from my FFL to an FFL there correct ?
View Quote


Unfortunately, each time you post you are providing new info that changes the legal landscape.

The shotgun is legal and needs to be sent to a CA FFL for transfer, but the SIG P226 may or may not be legal depending on the next bit of info you provide.

Since he already owns it, if he’s moved to CA within the last 60 days, he could simply bring it with him and register it as a new resident. If outside of those 60 days, then depending on what model P226 it is, he  may or may not be allowed to have it here at all.

Check for the specific model at this link (the model details in the listing are important):

https://oag.ca.gov/firearms/certified-handguns/search

If he’s been a CA resident longer than 60 days, then he cannot bring it with him physically and would require transfer through an FFL as if he is buying it for the first time. If the handgun is specifically listed on the Roster at the above link, then it can be sent to a CA FFL for transfer, not a problem.

However, if that specific model is NOT on the Roster of approved handguns (and if it’s an older P226 then I can unfortunately guarantee it’s not), then it is not legal for a CA FFL to transfer to him. Sending a handgun that is not on the Roster will result in the FFL rejecting it, which will require return shipment at your expense.

CA resident longer than 60 days?

Handgun is not specifically listed in Roster?

If both of these are “yes”, then he unfortunately cannot have it in CA.


Link Posted: 9/2/2021 11:42:08 AM EST
[#7]
Yes on a Ca. resident for more than 60 days . He’s stationed in San Diego with the Navy and he and is wife own a home there .
Yes on the roster .  It’s the MK25 version of the 226 and is specifically listed on the roster .
Thanks for all the help and I’ll start a new thread about FFL’s .
Link Posted: 9/3/2021 1:23:59 AM EST
[#8]
If it was "yours," you could transfer off-roster intra-familial or on roster, just a regular transfer.  That might mean a transfer to you, then to him.  

However, it's not clear to me if he can't bring one in after establishing residence and then reporting within 60 days of actually bringing it in later.  Likewise, it also looks like they are not going to prosecute if the only way they learn of the firearm is through submitting the report.  Penal Code section 27570(b).

However, I'm not a lawyer and internet resources have been wrong or outdated.  You might want to check with the CRPA, etc.,and get qualified advice.
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