California law specifically allows transactions that are functionally equivalent to the proposed transfer. For those who are curious, I would recommend reading California Penal Code 12078 (c) (2). The quoted federal exception dovetails nicely with the California exception.
-Gene [EMAIL PROTECTED] wrote: > 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 AOL.com > <http://www.aol.com?NCID=AOLCMP00300000001170> and Make AOL Your > Homepage <http://www.aol.com/mksplash.adp?NCID=AOLCMP00300000001169>. > ------------------------------------------------------------------------ > > _______________________________________________ > 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. _______________________________________________ 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.
