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9/22/2017 12:11:25 AM
Posted: 8/31/2010 6:09:57 PM EDT
I have a question for my fellow Californians...

I am buying an Adam's Arms complete upper for my birthday this month, and will be getting a complete upper sometime in the near future so that I can have a complete rifle come time for my leave during Christmas..

Is it legal to have my Dad buy a complete lower, then do a transfer via an FFL dealer when I am home? I am still not sure of what the "straw purchase" is really considered.
Link Posted: 9/5/2010 2:09:40 PM EDT
Link Posted: 9/5/2010 3:18:23 PM EDT
[Last Edit: 9/5/2010 3:29:28 PM EDT by medicdubs]
What you are describing is not a straw purchase. A Straw purchase would be if I went to a FFL and DROS'd the lower and the gave it to you. The laws for inter-family purchase(father to son) and transfer are different you need to check the CA DOJ website, I cant remember off hand what the exact procedures are but I'll see if I can find it and post the link and or info. Just follow the law and you will be fine. Your father can also gift it to you. You may run into issues if you are on leave and have to wait the 10 days.

I think this is it:

• Firearms obtained through intestate succession or by bequest, sales or transfers
between “immediate family” members. Immediate family means parent and child,
and grandparent and grandchild. (NOTE: Individuals who receive a concealable
firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun
in this manner must be reported within 30 days to the Department of Justice on forms
provided by the Department of Justice.)
(Penal Code §§ 12078(i)(1)(B), 12078(c)(2)(A).)
Link Posted: 9/5/2010 9:05:31 PM EDT
[Last Edit: 9/5/2010 9:16:05 PM EDT by fortunesfool223]
From the CA DOJ website firearms FAQ section:

Can I give a firearm to my adult child? Can he/she give it back to me later?
Yes, as long as the adult child receiving the firearm is not in a prohibited category [PDF 10 kb / 1 pg] and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit a Report of Operation of Law or Intra-Familial Handgun Transaction [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).

As long as your father purchases a firearm (i.e. AR lower) that is not listed in one of the three categories of "assault weapons", you should be GTG. Take a look at the Calguns website for the California Centerfire, Semi-Auto Rifle Identification Flowchart for better detailed info. Thanks for serving, and I hope this helps!
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