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Jarrod
04-13-2009, 11:34 AM
I bought my father a rifle (Savage .30-06) for a birthday present, but bought it myself and intend to FFL transfer it to him at a convenient date.

He lives 300 miles from me.

Is it legal to leave the rifle with him for a couple of months until we can get around to doing an FFL transfer of the rifle to him?

Librarian
04-13-2009, 12:01 PM
If he lives in California, no FFL needed, no paperwork needed for son to father transfer of long guns.

If he lives OUT of California, check with that state's laws. Since even CA has this one right, I don't expect another state would have it wrong.

ETA ... but Feds would want an FFL for interstate transfer.

Jarrod
04-13-2009, 12:22 PM
If he lives in California, no FFL needed, no paperwork needed for son to father transfer of long guns.

If he lives OUT of California, check with that state's laws. Since even CA has this one right, I don't expect another state would have it wrong.

Are you sure? The store I got the rifle from said I would have to FFL transfer it.

9mmlaw
04-13-2009, 12:33 PM
Positive, if you are both in CA, no need for an FFL transfer.

Librarian
04-13-2009, 12:42 PM
Are you sure? The store I got the rifle from said I would have to FFL transfer it.

Absolutely certain. It's an intrafamilial transfer - see
http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members

ke6guj
04-13-2009, 12:43 PM
Are you sure? The store I got the rifle from said I would have to FFL transfer it.

If both parties are CA-residents, and currently in CA, then the store would be wrong.

Federal law does not apply in an intra-state transfer, and CA allows for intrafamily transfers of long guns to occur without an FFL needed.

Can I give a firearm to my adult child? Can he/she give it back to me later?
Yes, as long as the adult child receiving the firearm is not in a prohibited category [PDF 10 kb / 1 pg] and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit an Report of Operation of Law or Intra-Familial Handgun Transaction [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).

(PC section 12078(c))

lorax3
04-13-2009, 12:45 PM
In most cases the store would be correct. In most cases a transfer is required by an FFL.

Since you have "immediate family" (Father/son) transfers of firearms are done a bit differently.

Handgun transfers between father/son do not require a dealer but require a from to be sent to the state.

Longguns (Rifles or shotgun) are "paperless" for family transfers. So since it is going to your father no paper work is required.

This is only valid if your father is a CA resident. If your father were to sell or give it to someone else, then an FFL would need to get involved.

See this link for more info.
(http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members)

-lorax

Jarrod
04-13-2009, 2:29 PM
Okay! You guys rock! Thank you.