Need help / info- Sending hand gun to self, HI to CA using FFLs (Read 6688 times)

Lanakila

Need help / info- Sending hand gun to self, HI to CA using FFLs
« on: December 04, 2011, 12:59:28 PM »
Aloha- Just signed up although I've been a long time "lurker", enjoying the comments and information here.

I have a very odd situation and cannot seem to find the info anywhere, am hoping that someone here "in the know" can point me in the right direction.

Short version, I had a hand gun stolen. It (fortunately) found it's way into HPD hands after almost 10 years and was not used in any crimes. I was notified of the handgun recovery and under normal curcumstances I would go down to HPD, do the 14-day paperwork thing, get it back (there are no issues with it's release back to me as the legal registered owner).

However, I have since moved to CA for work and will be here another 2 years. I go back to HI a lot to visit family / friends, and I'm still a HI resident, but due to work in CA I can never stay longer than a few days. So that sort of hoses me on the 14 day paperwork and being able to bring it back to CA in checked luggage.

HPD will release the gun to a local HI FFL with a limited power of atty signed by me listing the HI FFL as my 'agent'.  Since CA gun laws are horridly restrictive, the local HI FFL must ship directly to an FFL in CA.  I have all of that worked out and in process.

BUT!! Here is the "rub" - My local FFL here in CA is telling me that I need to "provide proof that I already / previously owned the gun in HI" when I pick up the gun from them, otherwise they cannot release it to me. I do not have a copy of my original HI gun registration or my Permit to Aquire for this specific gun. This request from my CA FFL is mostly because the gun is not in the "CA Approved" lame list. As long as I can show that I previously owned the gun in HI at time it was sent to CA, then the CA Approved list does not apply.

So my main question is... What can I obtain from HI to show my previous ownership??  HPD shows it registered to me in their computer, and if I call they will tell me the info over the phone, but I can find no process to obtain a hard copy of registration or previous permit.   Ideas anyone?  I am looking for sound, legally acceptable answers. Am trying my best to do this to the letter of the law, even though many of those laws are assinine.

BTW I noted that on the Hawaii CCW application form, it asks you to attach a copy of the gun's registration. I am assuming then, that one could obtain a copy of the original gun registration from somewhere?

« Last Edit: December 04, 2011, 01:10:15 PM by Lanakila »

Armaggeddon_Armory

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #1 on: December 04, 2011, 01:32:06 PM »
PM sent

Funtimes

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #2 on: December 04, 2011, 03:41:31 PM »
Your agent could probably ask them for a copy of your permit.  You could also do a FOIA request to get a copy of your permit as well, that could be mailed from you from HPD.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Lanakila

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #3 on: December 04, 2011, 03:55:04 PM »
Thank you for the advice and suggestion-  I'm wondering if the gun reg info is exempted from FOIA requests?   

This is the only written info I've found on the subject:  "Hawaii gun Registration information that identifies a registrant is disclosable only for law enforcement use or pursuant to court order."

From:

----------------------------------------------------------------
HAWAII REGISTRATION REQUIREMENTS

With few exceptions, Hawaii requires firearm owners to register their firearms with the police chief of the county in which they reside within five days of acquiring them (Haw. Rev. Stat. Ann. § 134-3(b)). The registration must include the:

1. names of the firearm manufacturer and importer;
2. model, type of action, caliber, or gauge, and serial number of the firearm; and

3. source from which the firearm was obtained, including the previous registrant's name and address.

Also, people bringing firearms into Hawaii must register them with the police chief in the county where they have a business, live, or plan to stay within three days after they or the firearms arrive, whichever is later (Haw. Rev. Stat. Ann. § 134-3(a)).
Registration information that identifies a registrant is disclosable only for law enforcement use or pursuant to court order.

---------------------------------------

Funtimes

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #4 on: December 04, 2011, 07:29:19 PM »
Not if you are the party requesting your information. The government can't your documents.  (At least in theory, you should be able to get your stuff, but I wouldn't be able to get your stuff).
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Lanakila

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #5 on: December 04, 2011, 07:48:48 PM »
Sure, makes total sense. I'll give it a shot (pun intended) and post the result. If nothing else it is good information to share.

Funtimes

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #6 on: December 04, 2011, 07:53:14 PM »
Please keep me informed (really) Chris(at)hawaiidefensefoundation.org
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

hillbilly19

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #7 on: December 05, 2011, 10:08:30 AM »
 Will the FFL in Cali accept a xerox copy? A friend of mine lost his registration also, and all he did was go to HPD and they xeroxed him a copy of his registration.  Maybe try that next time youre down here to visit?

Lanakila

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #8 on: December 05, 2011, 01:55:20 PM »
Please keep me informed (really) Chris(at)hawaiidefensefoundation.org

OK so you are going to LOVE this one..  :popcorn:

There is zero information on the CA DOJ website, on what must be given to the receiving FFL in CA as "documentation showing you are the current handgun owner",  assuming a same-ownership interstate FFL transfer via mail from an out of state FFL to a CA FFL. Your receiving FFL in california will ask you for this "document".

CA DOJ (916-227-7527) informed me on the topic of picking up handgun from your CA FFL:

"Write a letter stating the situation, e.g. FFL in Hawaii is shipping the gun to your designated local CA FFL, for your pickup and continued ownership. There must incude a statement that you are the current owner, and the letter must include gun model / make / serial. Letter must be signed, dated, and then given to the receiving FFL in CA at time of pickup.  No notary is required on the letter."

This informal "self attestation" letter basically serves as the CA FFL's "CYA" when they are completing the DROS paperwork and giving you your gun. There are no holds or delays with releasing the gun. You do not have to file a separate Handgun Ownership form with the CADOJ ($19.95) as the FFL's DROS paperwork will take care of that for you.

Must show to the CA FFL at time of pickup:
1. Letter

2. Drivers license

3. CA Handgun Safety Certificate  (this is easy to get, you must have one in order to purchase a handgun in CA). It is basically a DMV-style set of 20 common sense questions surrounding gun ownership and you do it right there in the gun shop. Pass questions, pay $20, get your safety card

4. Car registration or other item that shows CA residency

5. Gun lock (trigger lock or barrel lock)


Note this only applies to "same owner" FFL transfers, in which the gun does not change owners, and it is not considered as a sale or PPT of any type. You are essentially mailing your handgun to yourself in California using FFLs, there is no waiting period or BGC. This falls under the CA law that any person moving into CA may bring all of their currently owned firearms with them (with some exeptions for crazy stuff and hi-cap mags), and the "approved" list does not apply. 

If you have to mail your handgun to CA, you must mail it to an FFL. You cannot mail it to yourself, and your sending FFL cannot send it to you at your new home in CA. While ATF law says some of this is legal, CA law does not and trumps ATF. Besides, no common carrier will allow mailing a handgun to / from non-licensees, per their own policies. Either the sender or the receiver, or both, must be a licenseee (FFL)

BTW, do you want to know what makes a handgun "approved" vs "not approved" in CA?   Basically, the gun maker has to give money to CA along with 3 copies of the specific gun model, and CA subjects the guns to a "drop test". Yes that's right, they simply drop 3 of the same the gun 10 ways to sunday and look for it to break or fire accidentally.   So any gun maker would have to do this for every model of gun they produce if they want them to be legal for sale in CA, and that would be extremely expensive.

This "approved" list has nothing to do with a particular handgun being safer than another one, or "less lethal" than another or "less likely to cause crime". It is a complete joke to raise more money for CA and inhibit the private citized from owning their preferred handgun of choice.

   :crazy: :wacko:

Hope this helps, I think this is now the only place on the internet where this information exists accurately in one place.

Funtimes

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #9 on: December 06, 2011, 09:37:04 AM »
Calguns.net has lots of information for you as well.  If you didn't know about it, and you are in CA -- you better.  They are tearing down walls in that place.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Lanakila

Re: Need help / info- Sending hand gun to self, HI to CA using FFLs
« Reply #10 on: December 06, 2011, 12:08:42 PM »
Yep have been to that site a lot. I've already had the "crash course" in CA handgun ownership when I bought my XD45 not too long ago.   Actually, the above complete info I posted does not exist anywhere on the net. period. The only way is to either call DOJ, leave a voice message and hope someone calls you back, or read the above post. You may find bits and pieces, and "opinions" on what to do if mailing a handgun you already own to yourself in California, but the above is the whole story and the only way to legally handle it.  IMHO, avoid this at all costs and simply ship your guns with your houshold items, or, put it in a locked box and inside checked airline baggage (you'll have to inform TSA at the counter though).

I can understand the requirement to ship via mail to a local FFL only, but what irks me is the stupid "approved list" on new gun sales. So you cannot buy a handgun from out of state that is not on the approved list, but you can freely bring any handgun in to CA if you already own it. AND, you can buy a non-approved handgun from a private party if the handgun is already owned in-state. Makes zero sense.  With my XD45, I could buy the regular XD but not the XDm, for no specific reason other than "it is not on the approved list". koo-koo  :wacko:
« Last Edit: December 06, 2011, 12:54:31 PM by Lanakila »