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  #1  
Old 04-15-2013, 11:47 PM
superpriestman superpriestman is offline
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Default getting an EAA witness from father

hello, I had a question about what to do in my sitiuation, my dad wants to give me his Witness, and I live here in CA where by their glorious wisdom tell me the gun is not safe enough for me to own. He lives in AZ, is there any way I am allowed to legally obtain this gun even though its on the ban list? through I assume inheritance of some sort?
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  #2  
Old 04-16-2013, 12:07 AM
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chillincody chillincody is offline
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this is the CGF wiki it is your friend http://wiki.calgunsfoundation.org/Main_Page
save it for future referance

what you need to do is a interstate intrafamily transfer read about it here http://wiki.calgunsfoundation.org/Tr..._located_in_CA

1st youll need to find a FFL that is up to par with this law and willing to do the transfer

2nd have dad meet you at CA FFL to do the transfer and pay the fee $35

3rd wait 10 days

3th pick up gun

4 th shoot

youll need to have your handgun safety cert also
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Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Jefferson's "Commonplace Book," 1774_1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764

Last edited by chillincody; 04-16-2013 at 12:09 AM..
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Old 04-16-2013, 8:15 AM
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Quiet Quiet is offline
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Because your father is not a CA resident, the transfer must be done through a CA FFL dealer and that CA FFL dealer can legally charge any amount of money to facilitate the transfer.

Because the handgun is an intra-familial gift, it is exempt from needing to be on the Roster of Handguns Certified for Sale.
Not all CA FFL dealers know about and/or are willing to honor this exemption. So, the hardest part in all this is finding a CA FFL dealer that does these types of transfers. (if you post your location {city or county} we may be able to assist in finding one for you)

The transfer can not include any large capacity magazines.
You will need at least one 10 or less round magazine for the transfer (it's needed for the mandatory safe handling demo).
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Old 04-16-2013, 9:37 AM
superpriestman superpriestman is offline
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I live up in eureka. Well that being the case ill just omit the mags entirely from the case and pick some 10 rounders up before hand, and any other help finding someone would be great
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Old 04-16-2013, 1:02 PM
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chillincody chillincody is offline
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Quote:
Originally Posted by superpriestman View Post
I live up in eureka. Well that being the case ill just omit the mags entirely from the case and pick some 10 rounders up before hand, and any other help finding someone would be great
why get rid of the mags ??? either disassemble them into parts kit before entering CA or block them off to only 10 rounds before entering CA both are 100% legal options
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Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man. Jefferson's "Commonplace Book," 1774_1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764
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Old 04-16-2013, 4:09 PM
superpriestman superpriestman is offline
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i guess thatd be an option, either way ill still pick one 10 round up for the silly demo, I dont really wanna hassle with blocking off the mags for that.
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Old 04-24-2013, 7:42 PM
geoliquid geoliquid is offline
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So is it ok for the out of state father to bring the Off roster Witness to California while visiting if the mags were 10 rounds or less?
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Old 04-24-2013, 7:59 PM
superpriestman superpriestman is offline
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thats a good observation, but im sure the law only applies to the "sale/transfer" of the firearm. wich is why im curious about the intrafamiliar transferrance aspect, because as I remember their actually shouldnt even need ffl involvment from parent to child. but CA will do anything possible to destroy the 2A...

Last edited by superpriestman; 04-24-2013 at 8:01 PM..
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Old 04-24-2013, 10:56 PM
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Quote:
Originally Posted by superpriestman View Post
thats a good observation, but im sure the law only applies to the "sale/transfer" of the firearm. wich is why im curious about the intrafamiliar transferrance aspect, because as I remember their actually shouldnt even need ffl involvment from parent to child. but CA will do anything possible to destroy the 2A...
Because you and your father are residents of different states, Federal laws, that have been in place for about 45 years, require the use of a FFL dealer and there is no intra-familial exemption to the Federal laws. Transfer = giving possession to another person.

If you and your father were both CA residents, then, in accordance to CA state laws, no FFL dealer is required.
But, because you and your father are residents of different states, Federal laws mandate that a FFL dealer is used to facilitate the transfer.
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Last edited by Quiet; 04-24-2013 at 10:59 PM..
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