In a message dated 9/10/07 10:49:00 A.M. US Mountain Standard Time, [EMAIL PROTECTED] writes:
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. I assume X resides in California at grandfather's death (rather than living in state S, and some time later moving to California). As to X, 18 USC Sec 922(a)(3) provides: It shall be unlawful . . . for any person . . . to transport into or receive in the State where he resides . . . any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) . . . As for X's stepgrandmother, 18 USC Sec 922(a)(5) provides: It shall be unlawful . . . for any person . . . to transfer . . . give . . . or deliver any firearm to any person . . . who the transferor knows or has reasonable cause to believe does not reside in . . . the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearms by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence. Looks like your answer depends on an interpretation of "bequest" or "intestate succession." I don't have ready reference to any BATFE regulations on that, nor any experience with them. Nor do I have a clue about California law. If X is concerned that the facts do not meet the definition of "bequest" or "intestate succession," then the stepgrandmother should ship the firearm to a licensed dealer (FFL) in California, who may then transfer the firearm to X. Good luck, Eric R. Stahlfeld 145 SW 155th St., Ste 101 Seattle, WA 98166 (206) 248-8016 ************************************** See what's new at http://www.aol.com
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