5th Circuit finds the ban on direct interstate sale of handguns unconstitutional.

[davethebull]

Some people on Reddit are talking about buying in Texas and then doing an intrafamilial transfer through the FFLs. I wonder if anyone will try it.

 

[Gawernator]

Some people on Reddit are talking about buying in Texas and then doing an intrafamilial transfer through the FFLs. I wonder if anyone will try it.

Like your dad or son going to Texas and buying then transferring to you? That would be legal. My out of state little brother could buy off roster, transfer to my dad who could gift it to me and that's legal already

 

[davethebull]

I think what they were speaking about was to travel to Texas to buy legally, then do intrafamilial/spousal transfer to your spouse/dad/son back here. So on and so forth.

 

[Gawernator]

I think what they were speaking about was to travel to Texas to buy legally, then do intrafamilial/spousal transfer to your spouse/dad/son back here. So on and so forth.

That doesn't sound like it would work since you'd then be importing illegally under CA law

 

[davethebull]

That doesn't sound like it would work since you'd then be importing illegally under CA law

Reddit - Prove your humanity

www.reddit.com

 

[Gawernator]

Reddit - Prove your humanity

www.reddit.com

https://www.reddit.com/r/CAguns/comments/1wk8gne/fifth_circuit_holds_that_the_federal_ban_on

doesn't sound good until more changes

 

[Gawernator]

Reddit - Prove your humanity

www.reddit.com

Yo what!

This law opens up a new loophole:

Can I give a firearm to my spouse or registered domestic partner?

Yes, as long as the person receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess (e.g., not an assault weapon), the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer.

https://oag.ca.gov/firearms/pubfaqs#6


If you are both california residents, you can theoretically buy a gun in a texas shop, transfer it to your spouse, then submit a Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days.

[–]chmech 1 point 2 hours ago

How do you transfer from spouse to spouse if the initial transfer requires you, as a CA resident, to send it to a CA FFL?

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[–]Salty-Dog-9398 5 points 2 hours ago*

Spousal transfer doesn't require a visit to a CA FFL and CFARS doesn't check if you a firearm is registered to you when transferring out to your spouse.

Also, from California Code, Penal Code - PEN § 27585, you are allowed to import into the state if:

A) The person is listed in the registry set forth in Section 11106 as the owner of the firearm.

 

[millenialshooter83]

If both you and your spouse are CA residents, the Texas dealer will not sell to an outside state resident.

I left the same comment on that reddit thread. I wonder how many down votes I'll get.

 

[RustVendor]

If both you and your spouse are CA residents, the Texas dealer will not sell to an outside state resident.

I left the same comment on that reddit thread. I wonder how many down votes I'll get.

you missed the entire underlying concept behind this and that thread, that the reason they don't sell to out of state residents is that its currently federally illegal however a district court ruled that that was unconstitutional. If this plays out and it is no longer federally illegal, a Texas dealer would sell to an out of state resident.

 

[millenialshooter83]

you missed the entire underlying concept behind this and that thread, that the reason they don't sell to out of state residents is that its currently federally illegal however a district court ruled that that was unconstitutional. If this plays out and it is no longer federally illegal, a Texas dealer would sell to an out of state resident.

Ugh yeah that went over my head. My bad.

 

[Stratego]

If both you and your spouse are CA residents, the Texas dealer will not sell to an outside state resident.

I left the same comment on that reddit thread. I wonder how many down votes I'll get.

Check the ruling. This goes beyond interstate handgun sales: the judge thinks the entire law around interstate sales is wrong and unconstitutional. In theory, the caveat about buying in another state being subject to home state rules is completely out the window.

This is rewriting the 1968 Gun Control Act for vendors in the 5th district, it’s not an ATF procedural change.

I personally think California will retaliate with something like the Texas abortion law and criminalize traveling to Texas to buy. I think they will attempt to sue gun stores that process sales to CA residents as well. However, the potential prize for an enterprising gun store is too big to ignore the massive national market that just opened up.

 

[SilverEndless]

 

[Stratego]

View attachment 254155

This ruling applies to anyone who visits Texas/Louisiana/Mississippi. You will soon be legally able to buy a gun from an FFL in those states without state residence.

California places restrictions on your ability to bring this back into California, but if you somehow become the registered owner in CFARS it’s 100% legal.

 

[lactoast]

This ruling applies to anyone who visits Texas/Louisiana/Mississippi. You will soon be legally able to buy a gun from an FFL in those states without state residence.

California places restrictions on your ability to bring this back into California, but if you somehow become the registered owner in CFARS it’s 100% legal.

That's what I was wondering, I've got limited knowledge about CFARS but this seems like the option with the most potential right now

 

[RustVendor]

That's what I was wondering, I've got limited knowledge about CFARS but this seems like the option with the most potential right now

you guys are really reaching here, it's illegal under state law for a California resident to purchase a firearm out of state and bring it into the state. They aren't going to be like "oh actually it's ok because you fraudulently filled out a form and it's technically "registered" to you even though you committed a felony under state law to do it.

 

[lactoast]

you guys are really reaching here, it's illegal under state law for a California resident to purchase a firearm out of state and bring it into the state. They aren't going to be like "oh actually it's ok because you fraudulently filled out a form and it's technically "registered" to you even though you committed a felony under state law to do it.

It's definitely not something I'd be willing to try, and I imagine most people aren't either. But it is kind of fun to theorize while we wait for SC cases to get heard.

 

[RustVendor]

It's definitely not something I'd be willing to try, and I imagine most people aren't either. But it is kind of fine to theorize while we wait for SC cases to get heard.

indeed

 

[decius_mus]

Yo what!

This law opens up a new loophole:




https://oag.ca.gov/firearms/pubfaqs#6


If you are both california residents, you can theoretically buy a gun in a texas shop, transfer it to your spouse, then submit a Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days.

[–]chmech 1 point 2 hours ago

How do you transfer from spouse to spouse if the initial transfer requires you, as a CA resident, to send it to a CA FFL?

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[–]Salty-Dog-9398 5 points 2 hours ago*

Spousal transfer doesn't require a visit to a CA FFL and CFARS doesn't check if you a firearm is registered to you when transferring out to your spouse.

Also, from California Code, Penal Code - PEN § 27585, you are allowed to import into the state if:

The rub is how you get it into California without violating 27585.

I think the way this Reddit theory works is that you go to texas with your wife and buy the gun. Then you give the gun to your wife while you're still outside of California and you submit the operation of law form on CFARS. In theory, by submitting the form you don't need to do anything else assuming your wife is actually eligible to obtain a firearm legally in the state and DOJ doesn't ask you for other stuff (like pictures of the serial numbers and other things). Then you can bring it into the state because it would satisfy the loophole.

IDK about this theory though. It seems like sophistry to me and it isn't something that I would be willing to test.

 

[RustVendor]

The rub is how you get it into California without violating 27585.

I think the way this Reddit theory works is that you go to texas with your wife and buy the gun. Then you give the gun to your wife while you're still outside of California and you submit the operation of law form on CFARS. In theory, by submitting the form you don't need to do anything else assuming your wife is actually eligible to obtain a firearm legally in the state and DOJ doesn't ask you for other stuff (like pictures of the serial numbers and other things). Then you can bring it into the state because it would satisfy the loophole.

IDK about this theory though. It seems like sophistry to me and it isn't something that I would be willing to test.

It's hard to see how the wife in this scenario wouldn't be the importer:

27585. ​

(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that the person purchased or otherwise obtained on or after January 1, 2015

 

[Stratego]

you guys are really reaching here, it's illegal under state law for a California resident to purchase a firearm out of state and bring it into the state. They aren't going to be like "oh actually it's ok because you fraudulently filled out a form and it's technically "registered" to you even though you committed a felony under state law to do it.

The purchase is not illegal, bringing it back into the state is. The law is very clear about when it is illegal or legal to bring it into the state.

The law explicitly states that one exception is when the firearm is registered to you. Check out the spousal transfer form: it doesn’t ask anything about how your spouse originally got the gun. No fraud needed. They use the same form for will executors to transfer guns, so it’s not like you’d be able to get that information anyways in all cases.