Cali and planes...

[Morpheus]

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

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[jordanka16]

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.

 

[Morpheus]

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

 

[jordanka16]

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

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

 

[MarkAd]

I would drive. Problem solved

 

[PDXGS]

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

 

[jhc5]

+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. ( <broken link removed> )

 

[Trlsmn]

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.

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

(3) (It is illegal)

For any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in
the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) 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) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

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.

 

[pioneer461]

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.

 

[Contract_Pilot]

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.

pioneer461, you are correct