quote:

Originally posted by 9mmepiphany:

quote:

Originally posted by honestlou:
1) This would not be transfer among family members. The shotgun already belongs to him.

You're making the common error of confusing ownership and possession...Fed Law, not CA. You cannot transfer possession across state lines without going through an FFL

That he left it with you transfers possession (to you)and you can't mail/send/ship it to him without going through an FFL.

If he came home, he could then legally mail it to himself (back in CA)...no FFL involved...as he would if traveling to another state to hunt or compete

It's not clear to me that this is correct. 26 USC 5845 looks like it has the relevant definition for transfer.

"The term “transfer” and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning, giving away, or otherwise disposing of."

Under that definition, I don't know that leaving the shotgun stored at honestlou's house would count as a transfer, and if it wasn't transferred to honestlou, it shouldn't have to be transferred back to his son.

Of course, I'm not a lawyer and laws don't always mean what the words say in plain English.

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Originally posted by maladat:
It's not clear to me that this is correct..."The term “transfer” and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning , giving away, or otherwise disposing of."

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Of course, I'm not a lawyer and laws don't always mean what the words say in plain English .

You don't need to be a lawyer...If you leave it with someone, you are loaning it to them...because they are holding it for you

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Originally posted by JALLEN:

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Originally posted by RNshooter:
I'd send him the cash to buy a shotgun in CA and let him sell it, when he leaves, or bring it home with him.

Saving a few hundred dollars doesn't seem worth it.

Bruce

10 days DROS on each end, FFL fees, travel to the FFL to buy, then pick up, then sell, then take the gun to the FFL, makes that saving illusory.

Dealing with CA guns laws is a pain anyway you slice it, but I think what Bruce was saying was, just buy a shotgun in CA because whatever you might save shipping wasn't worth the hassle. Son could then bring the new shotgun home to LA, or sell it if he chose.

quote:

Originally posted by 9mmepiphany:

quote:

Originally posted by maladat:
It's not clear to me that this is correct..."The term “transfer” and the various derivatives of such word, shall include selling, assigning, pledging, leasing, loaning , giving away, or otherwise disposing of."

quote:

Of course, I'm not a lawyer and laws don't always mean what the words say in plain English .

You don't need to be a lawyer...If you leave it with someone, you are loaning it to them...because they are holding it for you

Merriam-Webster defines the verb form of loan by referring to the definition for lend.

The definition for lend is:

"to give for temporary use on condition that the same or its equivalent be returned"

Note "for temporary USE."

Loaning is "here, take this and use it like it is yours but give it back to me eventually," not "I'm going to store this at your house."

If I say "hey man, can I park my car in your garage for a week?" I am not offering to loan you my car.

Either way, it's probably a bad idea to try to mail it without transferring because even if I'm right, the feds could come after you and you'd be stuck trying to prove an undocumented private transfer, that a loan didn't occur, etc. Even if you weren't doing something wrong, it would look like you were.