On Sep 10, 2007, at 10:46 AM, Volokh, Eugene wrote:
> Very sorry to trouble you, but I had a question I wanted to ask
> people who are up on the technical rules of federal and California law
> related to non-dealer gun transfers. Assume the following:
>
> X's grandfather dies in state S.
> X's stepgrandmother gives X, when X visits after the
> grandfather's death, a gun that the grandfather had owned, saying that
> the grandfather wanted (or perhaps would have wanted) X to have it.
> X brings the gun back to California.
>
> How may X lawfully own the gun in California, without violating
> federal law or California law? Let's set aside the law of state S for
> now. If you have any tips for me on this, I'd be much obliged. No, X
> is not me. Many thanks,
>
California law isn't even the first hurdle. A non-dealer transfer of
a firearm in state A to a person who is not a resident of state A is
already a violation of federal law. An exception is made for
bequests, but these circumstances sound insufficiently formal. X
bringing the gun back to California without shipping through a dealer
is a second violation of federal law. Involving a dealer in the
transaction would in theory result in X obtaining the information
that she cannot own the gun in California, and he cannot ship it there.
--
Escape the Rat Race for Peace, Quiet, and Miles of Desert Beauty
Take a Sanity Break at The Bunkhouse at Liberty Haven Ranch
http://libertyhavenranch.com
_______________________________________________
To post, send message to [email protected]
To subscribe, unsubscribe, change options, or get password, see
http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof
Please note that messages sent to this large list cannot be viewed as private.
Anyone can subscribe to the list and read messages that are posted; people can
read the Web archives; and list members can (rightly or wrongly) forward the
messages to others.
