HELP - Getting M1 from CA to WV ?

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hillbillyshooter

New member
I need to know the best way to get an M1 Carbine from California to West Virginia. My grandfather is a retired Marine who "aquired" the carbine while on a visit to Vietnam. He has recently had to go to an assisted living facility due to failing health. My father is out in CA right now and wants to ship it back to me. Is there any special protocol to follow in CA for shipping what could be considered an "assault rifle?" Should I just contact a FFL in CA and my local one to transfer it? It is not in my grandfather's name, obviously, and I prefer it it no be in anyone's name since it is more of a family antique than a weapon I plan to shoot. Would it just be easier to check it in at the airport?

Please help, due to time restraints I need to have it shipped in the next 2 days!
 
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azredhawk44

Moderator
If it is an "unregistered assault weapon" in california, I wouldn't suggest bringing it anywhere near anyone that has paper-authority to do anything about it, in the state of california.

http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

From page 41 of the above PDF:

As of January 1, 2008, both in-state and out of state Federal Firearms License (FFL) holders will
be required to obtain approval (e.g., a unique verification number) from the California Department
of Justice prior to shipping firearms to any California FFL (Penal Code §§ 12072).
Click to expand...

Note it says "to" a california FFL. Not "from." IANAL, but it seems it is completely possible for your Dad to simply put it in a box, take it to UPS or FEDEX and overnight-ship it to an FFL in your state... avoiding the california silliness entirely.

I just sent a handgun to Sig in New Hampshire that way, from AZ.
 
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CW3-RET

New member
Food for thought. When you purchase a M1 from CMP they ship it directly to you via FedEx/UPS. There is no requirement to send it to a FFL.

If you are flying from CA back to WV check with the airline regarding how to bring it back with you. Last time I flew I brought back two long guns with me in a locked gun case. I just had to show them that there was no ammo in the case.
 
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kirkcdl

New member
As long as there is no "official" change of ownership,you can put it in a box,and mail it through the Postal Service..."concealable" firearms require an FFL to ship USPS,long guns do not...
 
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azredhawk44

Moderator
Would I just have to notify the FFL here that it is on its way? Wouldn't it have to go into my name to pick it up?
Click to expand...

I don't know WV gun laws at all and only have a passing familiarity with CA laws.

From a federal perspective, you can't do a private party transfer between state lines without involving an FFL. But, the FedGov doesn't care at all that it's a little M1 Carbine. CA might. Not sure if that's on the assault weapon list of that state.

Concealable firearms must be sent common carrier, and long guns can go USPS. I would suggest just overnighting it to an FFL in WV, going through the 4473 process and taking posession of it that way.

An hour's consultation with a knowledgeable CA lawyer over the phone would put all your concerns to rest. Log on to calguns.net to find a recommended lawyer and go from there.
 
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hillbillyshooter

New member
Spoke with my local FFL, she says that I would need to get it shipped FFL to FFL, but also said that she doesn't know a lot of the other state laws, but better to be safe than sorry. JUst got off the phone with Delta Airlines, for only a $25 checking fee and the price of a new case (that I can use anyway) it can just be brought on the plane.
 
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smoakingun

New member
for a purchase, the fed only requires an ffl on the recieving end, and the state of california only cares qbout incomming firearms
 
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azredhawk44

Moderator
HBS:

For the purposes of your flight or for any shipping... I would make it a point to simply refer to it as a "rifle."

If any further clarification is needed, say "M1." Or better yet... if you know the make then say "Inland" or "Winchester" or whatever. Let the listener make the assumption that it is a Garand (8rd enbloc clips) rather than a Carbine (15+rd magazines, some variants with automatic capability, some variants with paratrooper folding stocks, et cetera). If anyone demonstrates interest to the point of "wow, can I see it?" then just politely decline.

If you choose to fly with it, become intimately familiar with TSA regs and carry multiple printouts of those regs. Do not leave it unlocked outside of your supervision, and give the keys to no one. Insure it for a lot.

Do your best to not deal with a California FFL. If it is "unregistered" you run the risk of losing it.
 
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blume357

New member
What ever y'all do, get that rifle out of California one way or another.

good luck for sure.

As for the CMP thing... I was kind of wondering about their abilty to direct Fed Ex a rifle to you too. Is this because these are considered antiques or what ever? I thought it was pretty cool that they could just ship an M1 direct to my door and if I had bought it from an out of state individual it would have had to go to an FFL.

Personally I think your father just went to California to take care of business and is bring home a number of items that he's already owned for 30+ years.
 
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cjaymiller

New member
Ship it

Just box it up and send it Fed Ex back to your residence. As long as you did not purchase it you are okay. I do this every year deer hunting becasue the airlines can be a hassle. I would check your states laws about owning it though.
 
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EOD Guy

New member
An M1 carbine is not an assault weapon in California unless it is the M1A1 with a folding stock. Also, there is no law in California requiring shipment of a firearm from a California FFL, unless the firearm is an assault weapon. In addition, rifles, other than assault weapons, are not registered in California and are not "under anyone's name".

Federal law does require an FFL to do the transfer at the receiving end.
 
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EOD Guy

New member
blume357 said:
good luck for sure.

As for the CMP thing... I was kind of wondering about their abilty to direct Fed Ex a rifle to you too. Is this because these are considered antiques or what ever? I thought it was pretty cool that they could just ship an M1 direct to my door and if I had bought it from an out of state individual it would have had to go to an FFL.
Click to expand...

CMP can ship directly to the customer because Congress exempted them from the Gun Control Act of 1968 when they chartered them.
 
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hillbillyshooter

New member
I looked on the ATF website and it does appear that the easiest route would be to have my father mail it to himself from CA to WV. It seems to be legal, does anyone have an argument for why not to transport it this way?
 
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EOD Guy

New member
That would work, or your father could bring it back with him if he gets a hard sided gun case.

As for the transfer from your grandfather to your father, California law allows such transfers without any paperwork and without going through a dealer.
 
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hillbillyshooter

New member
Thanks everyone, due to the fact that my father is catching the redeye back , he doesn't want to take any chances at the airport security. If he isn't allowed to check it there will be no one who can come and get it from him in CA to take it back to my grandfather's house. He is also unfamiliar with CA and not much of a gun guy anymore, so he said he was having trouble finding a hard sided case. He feels most comfortable shipping it back here to himself. He already contacted the shipping location and they told him it was not a problem and they have done the same thing before. Thanks again.
 
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