#gunraffle

Free reloaded ammo! Free gun! These are words that would get any gun enthusiast champing at the bit. With all of the new government gun regulations that are nearly taking away guns, these words almost seem dreamlike.  However, we’re going to discuss how gun raffles work, and why they’re considered legal.  

First, we would like to make it clear that winning a firearm is completely different than winning a restaurant gift card or iPhone.  In California especially, gun raffle winners must go through a few additional steps before obtaining their award.  

Process

Whenever an organization would like to have a gun raffle, they must store their firearms at an FFL, which is a Federal Firearm License holder.  Then once the raffle is completed and a winner is chosen, they must visit the particular store (FFL) to pick it up.  However, before any transaction is fully processed, the winner must fill out paperwork and agree to a background check.  Similar steps are soon to be implemented for ammunition purchases in San Diego or any other ammo purchase in California.  

In general, it usually takes about 10 days for the state and federal government to conduct background checks.  So eventually, if the winner is approved, they will be able to pick up their new free gun and take it home.

State-by-State

The process previously discussed is not mandatory everywhere though, and that’s where things get tricky.  According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, organizational raffles can give away firearms without paperwork being filed or background checks being conducted.  However, California’s strict guns laws make all the difference.  According to state regulation, all firearm purchases and transfers must be made through a California licensed dealer whether it’s a private deal or not.  

State vs. Federal Law

Overall, state law cannot be less obstructive than federal law, but it can be more preventive.  Yet if you think about a raffle in a general sense, the organization is no different than a legal firearm owner who wishes to sell it to another individual.  Luckily, federal gun laws are much more laid-back on the transference of firearms between two private parties.  Therefore, a raffle is a legal transfer under federal law as long as the recipient is not a prohibited individual.

This divide in federal law and state law remains one of the main arguments for reducing the severity of state law, especially in California.  California is one of nine states that mandates background checks during any firearm transferal.  So gun raffle winners will not experience instant gratification from their victory, at least for now.  

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