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Posted: 1/28/2011 8:48:15 AM EDT
I'm asking because I have no clue on this topic. Looks as if I'm headed to LA to deal with some family business. Last time I talked with my father he told me had a pistol, nothing about what type or anything. Well now it looks as if he is dying. There are only 2 things I want from my father, the 48 Star American flag that he has and the gun, if he still has it.

If he still has the pistol, what would be the best way of getting it back from California to myself in NC? Shipping it FedEx? UPS?
Link Posted: 1/28/2011 9:54:45 AM EDT
Link Posted: 1/28/2011 10:56:41 AM EDT
Yes, fly with it in your checked package, complying with all regs.

Do not ship.
Link Posted: 1/28/2011 11:22:22 AM EDT
I have thought about that, and done it before with no problem, but I was wondering what would be wiser comming from Cali?
Link Posted: 1/28/2011 6:12:23 PM EDT
[Last Edit: 1/28/2011 6:14:09 PM EDT by DogtownTom]
Originally Posted By jmzd4:
I'm asking because I have no clue on this topic. Looks as if I'm headed to LA to deal with some family business. Last time I talked with my father he told me had a pistol, nothing about what type or anything. Well now it looks as if he is dying. There are only 2 things I want from my father, the 48 Star American flag that he has and the gun, if he still has it.

If he still has the pistol, what would be the best way of getting it back from California to myself in NC? Shipping it FedEx? UPS?


FYI
This would be an illegal transfer under Federal law, since you can only acquire a handgun in your own state of residence. Your father would be in violation for disposing of a handgun to a nonresident of California, you for acquiring a handgun outside your state of residence.

The only legal method for you to acquire that handgun is for your father to ship it to a licensed dealer in your state. You would have to complete a 4473 and pass the NICS background check.

If your father does pass away, if he has included that handgun in his will and has bequeathed it to you........the gun is yours once the will clears probate. You could pick up the gun in Cali and travel back home with it in checked luggage or ship it to yourself via UPS. Only dealers and manufacturers can mail a handgun through USPS. FedEx will only deliver to a licensee.
Link Posted: 1/30/2011 7:38:47 AM EDT
"""Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

Q: May a person who is relocating out of State move firearms with other household goods?
Yes. A person who lawfully possesses a firearm may transport or ship the firearm interstate when changing his or her State of residence.

Certain NFA firearms must have prior approval from the Bureau of ATF before they may be moved interstate. The person must notify the mover that firearms are being transported. He or she should also check State and local laws where relocating to ensure that movement of firearms into the new State does not violate any State law or local ordinance.

[18 U.S.C. 922(a)(4) and 922(e), 27 CFR 478.28 and 478.3"""" from the ATF website

id go and fly with it as i dont know what cali's laws are but per the ATF i dont see why it would be unlawfull for you to have it shipped to you as long as he wills it to you and its declaired your property... but thats if cali's laws would allow that
Link Posted: 1/30/2011 8:38:54 AM EDT
[Last Edit: 1/30/2011 8:39:53 AM EDT by DogtownTom]
Originally Posted By dan1802:

id go and fly with it as i dont know what cali's laws are but per the ATF i dont see why it would be unlawfull for you to have it shipped to you as long as he wills it to you and its declaired your property... but thats if cali's laws would allow that

<––––-FFL

Because Federal law prohibits exactly that. The FAQ's you posted from ATF are regarding firearms you ALREADY own........not firearms owned by a relative in another state.

Federal law DOES allow YOU to ship a firearm interstate to YOURSELF. This doesn't mean your mom in Florida could box up YOUR guns and shipthem to you in Texas.........it means EXACTLY what it says: YOU (and only you) can ship a firearm addressed to YOURSELF in another state.


It is definitely a violation of Federal law for a nonlicensee to ship a firearm interstate to another nonlicensee.
Link Posted: 1/30/2011 9:31:43 PM EDT
I'm pretty sure CA wants you to go through an FFL and do the 7 day wait, along with having your CA handgun certificate/training class... even when you are gifted a gun from a family member. You not being a CA resident throws some hitches in there.

Two solutions:
1. have him ship it to an FFL in your home state and go pick it up and fill out the 4473 there.
2. Borrow it from him and fly! at your own risk of course...

Link Posted: 1/30/2011 9:34:24 PM EDT
Originally Posted By whiskeyjacked:
I'm pretty sure CA wants you to go through an FFL and do the 7 day wait, along with having your CA handgun certificate/training class... even when you are gifted a gun from a family member. You not being a CA resident throws some hitches in there.

Two solutions:
1. have him ship it to an FFL in your home state and go pick it up and fill out the 4473 there.
2. Borrow it from him and fly! at your own risk of course...



Not a legal transfer and both parties are commiting a violation of Federal law.
Link Posted: 1/31/2011 10:05:49 AM EDT
[Last Edit: 1/31/2011 10:12:29 AM EDT by eddiein1984]
Definitely not a legal transfer. You could borrow it, however, and mail it from NV or AZ where you stand less chance of getting fucked. If it was never registered in CA, then it was always yours and you are just retrieving it.
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