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View Full Version : Family member interstate transfer non-roster into CA?


bigcalidave
04-15-2009, 11:59 AM
I can't find the definitive argument for how this works. In a few threads people mention how you can get an off roster hg as a gift from an immediate family member from out of state, they can just mail it to your ffl and you dros it. Where in the laws is this stated? There is conflicting information if you need to have the family member present, etc. Anyone that has DONE THIS or knows the actual laws in mention here please help!

Also, there is a quote on the gun laws wiki about the first transfer of an out of state gun can't be a ppt. Where is that defined? What could a first transfer be before a ppt?

Thanks guys!

Vin496
04-15-2009, 12:27 PM
I can't find the definitive argument for how this works. In a few threads people mention how you can get an off roster hg as a gift from an immediate family member from out of state, they can just mail it to your ffl and you dros it. Where in the laws is this stated? There is conflicting information if you need to have the family member present, etc. Anyone that has DONE THIS or knows the actual laws in mention here please help!

Also, there is a quote on the gun laws wiki about the first transfer of an out of state gun can't be a ppt. Where is that defined? What could a first transfer be before a ppt?

Thanks guys!

There are almost 2 threads a day lately covering this topic.

I'll try to sort out the mess you've made.

The laws states that a Intra Familial transfer is exempt from the "Safe Handgun Roster".

From PC 12078

(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and all of the
following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.

(3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
(d) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent loan of firearms between persons who are personally known
to each other for any lawful purpose, if the loan does not exceed 30
days in duration and, when the firearm is a handgun, commencing
January 1, 2003, the individual being loaned the handgun has a valid
handgun safety certificate.



So your immediate family member(Father/Grandfather/Son, no brother/sister/uncle) send the gun to your local FFL. This isn't going to be listed in the California PC as the Interstate transfer requirement for an FFL is actually Federal Law.

You do not have to have the family member there, but if they want they can bring the gun to California and you both can do a transfer as the FFL.

Your last question is a mishmash of crossed terms.

The only way to do a PPT is if both parties are present at the FFL and both residents of California, so there is no way to do a inter state PPT or have the mail involved in some way.

Since it's not something that can happen, the question is null.

bigcalidave
04-15-2009, 1:18 PM
Those were two separate questions. Actually. There is something about it on the gun laws wiki that says the first transfer cannot then be a PPT. If I were to receive an off roster HG from out of state family member, using that interstate transfer, could I later PPT it to another CA resident?
I know there are a lot of threads, but nobody had explained WHY yet. You clarified that, as far as I can tell.
So whats the process? Have family member send to local ffl, run the DROS and wait 10 days? Then fill out the family transfer federal form?
Thank you!

Librarian
04-15-2009, 1:18 PM
And the two references you can read are
http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members
and
http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

What could a first transfer be before a ppt?An interstate transfer is exactly that. As currently enforced, a PPT cannot be between any persons but California residents.

ETA If I were to receive an off roster HG from out of state family member, using that interstate transfer, could I later PPT it to another CA resident?
Yes.

The intrafamilial form is a CA concept - Feds don't care.

Vin496
04-15-2009, 1:43 PM
So whats the process? Have family member send to local ffl, run the DROS and wait 10 days? Then fill out the family transfer federal form?
Thank you!

Yes, have a family member send the gun to your local FFL, who will then DROS the gun using the Intra Familial exemption and wait your 10 days.

Now remember that since this is not a PPT, the FFl is free to charge you whatever they want, the norm seem to be be in the $75 dollar range, but beware some have charged as high as $175.

Then fill out the family transfer federal form?

This is not needed for 2 reasons.
1-When you DROS the gun you are registering it under California Law.
2-There is no Federal transfer form.

By having you family send the gun to your Local FFL you are complying with Federal Interstate gun sale/transfer laws. There is nothing left to do as far as the Federal part is concerned.

bigcalidave
04-15-2009, 4:43 PM
Intra familial exemption on the dros.. That's what I was looking for. Not an ffl, didn't know.
Thanks guys!