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Cali and planes...

Discussion in 'Legal & Political Archive' started by Morpheus, Jan 12, 2010.

  1. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    So, a friend of mine just asked me an odd question. One which, I think I know the answer to but am not sure.

    So, here goes:

    His step-father just passed away and his mother would like him to have a very old lever (100+ years) action rifle which was the step-fathers.

    Now, that isn't so bad. Here is the more complex part. His mother, lives in Cali and the friend lives in Oregon. He would have to fly down, pick it up, lock it up, check it, and fly back.

    Now.. I can see all sorts of possible issues here, and if it wasn't Cali I wouldn't think it would be an issue. But, it is Cali...

    Anyone have any advice?
    M
     
  2. jordanka16

    jordanka16 Albany, OR Active Member

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    Why can't the mother ship it to an FFL? Also, if the rifle was made before 1899, it is outside of federal jurisdiction, although I do not know if california feels the same way.

    Read your post wrong, if the friend is in oregon I see no reason not to ship it.
     
  3. Morpheus

    Morpheus Columbia Gorge Anyway, back on the farm.

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    He happens to be flying down to help with all of the funeral arrangements and the like anyway. So while he was down there, he just wanted to pick it up and come home.

    Are you suggestion, she just ship it via FFL rather than deal with the checking and the like?

    M
     
  4. jordanka16

    jordanka16 Albany, OR Active Member

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    That sounds better to me, he would have to get it transferred anyway, and it would probably be easier than dealing with the airlines.
     
  5. MarkAd

    MarkAd Port Orchard Well-Known Member

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    I would drive. Problem solved
     
  6. PDXGS

    PDXGS Aloha... yes, Aloha, Oregon Member

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    The proper way to deal with this is to have a transfer done by an FFL.
    Assuming your friend isn't a convicted felon or has mental issues.... I'd suggest that he:
    Fly down
    Pick up rifle
    place rifle in hard a case with lock
    Go to airport
    declare rifle and sign an airline form stating that it's not loaded
    lock case
    hand over case to ticket/baggage agent
    fly home
    recover case from baggage handler


    I've flown in and out of CA, CO, Nv, Ut, Pa with firearms, mostly pistols, and had no problems whatsoever. Two were transfer from my father to me another was a transfer from my grandfather to me.
    Yeah, Ca.makes it hard to own fun guns with large cap magazines but it's not that hard to deal with a level action rifle. Particularly if it's in family. Who's to say that this guy isn't picking up a rifle that his father gave him when he was a kid?
    Just my $.02
     
  7. jhc5

    jhc5 Seattle, WA Member

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    +1 on checking at the airport. As others have mentioned, checking a firearm is actually pretty easy. In my experience it only adds about ten minutes to your check in time. If you search for the word firearm on the airline's website you can usually find a page on their process. I've flown back and forth between Seattle and Oakland about 10 times with a couple shotguns or rifles with no issues. Here's the southwest airlines page. (http://www.southwest.com/travel_center/guns.html)
     
  8. Trlsmn

    Trlsmn In Utero (Portland) Well-Known Member

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    As stated if the rifle is indeed that old it can be shipped direct without an FFL to anyone (legally allowed to own a firearm) not just a relative.

    As far as I read the law you can ship any (legal) gun inherited without a FFL also:

    http://www.atf.gov/publications/download/p/atf-p-5300-4.pdf

    To me that says that a (bequest, intestate) inherited firearm is allowed to be transferred across state lines without an FFL.

    Bequest in this case means a disposition with a will.
    Intestate or "intestate succession" in this case means disposition (upon death) without a will.

    NFA weapons though would need to do a Form 5 tax free transfer.
     
  9. pioneer461

    pioneer461 Columbia County, Oregon Active Member

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    I often fly various places with firearm/s in checked baggage. It is not a problem. The same TSA rules apply regardless of which state you are departing from, California included. The only problem I've ever had was one time only at the San Jose Airport, and that was because of ignorance on the part of the TSA employee. There is no requirement to show ownership of the gun, so that is not a problem. Just make sure it's in a very strong, preferably metal shipping container, well locked and ammo in a separate container.
     
  10. Contract_Pilot

    Contract_Pilot Vancouver, Washington Active Member

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    pioneer461, you are correct