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ITZJT
05-26-2009, 2:08 PM
I had transfered 3 long guns and 2 handguns to my sister a few years ago and went to a local shop here that I had never used before(and probabally wont ever again) I asked the guy what the fastest and cheapest way for me to transfer these to my sister was? he said I had to pay the $35 transfer fee each and buy a new lock for each one from them even tho I had new locks allready. I need to transfer these back to myself now.My question is do I need to transfer these through a FFL since it is family to family? also I shouldnt have to pay per gun should I? I feel the guy took advantage of me not having the proper knowledge of family to family transfers....maybe I'm wrong? any help will be appreciated. Thanks.

Librarian
05-26-2009, 3:04 PM
I had transfered 3 long guns and 2 handguns to my sister a few years ago and went to a local shop here that I had never used before(and probabally wont ever again) I asked the guy what the fastest and cheapest way for me to transfer these to my sister was? he said I had to pay the $35 transfer fee each and buy a new lock for each one from them even tho I had new locks allready. I need to transfer these back to myself now.My question is do I need to transfer these through a FFL since it is family to family? also I shouldnt have to pay per gun should I? I feel the guy took advantage of me not having the proper knowledge of family to family transfers....maybe I'm wrong? any help will be appreciated. Thanks.
Short answer: yes, you need the FFL.

See http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members -- in CA, the intrafamily transfer works only children/grandchildren <--> parents/grandparents; sisters, brothers are not included.

Private Party Transfers are supposed to cost $10 per gun + DROS (which, for one gun, totals $35), and since those have to go through the FFL, all the requirements imposed on CA FFL's come with - waiting period and locks.

See also http://wiki.calgunsfoundation.org/index.php/Buying_and_selling_firearms_in_California

One useful exception: if the long guns are 50 years old or older, she can just give them to you, no FFL or reporting requirement.

ITZJT
05-26-2009, 3:44 PM
Thank you for the info! :)

ColdDeadHands1
05-26-2009, 10:47 PM
Could the OP's sister give the long guns to their mother or father, then the mother or father give them to their son?

Of course, the handguns would require intrafamilial transfer if child to parent or parent to child, or PPT if sister to brother.

Librarian
05-27-2009, 9:46 AM
Could the OP's sister give the long guns to their mother or father, then the mother or father give them to their son?

Of course, the handguns would require intrafamilial transfer if child to parent or parent to child, or PPT if sister to brother.

Yes on the long guns; with the handguns, that also works, but then it's two $19 fees (for all the handguns together each time) and an extra delay.

Seems to me one could probably do the long guns over the phone.

Brother and sister meet. Call Dad.

Sister: Hi dad - want a couple of rifles?
Dad: Sure! Which ones?
Sister: The Savage and the Winchester.
Dad: Great, thanks.
Sister: OK, here's brother...
Brother: Hi dad! Y'know those rifles sis gave you? How about you give them to me?
Dad: Sure, they're all yours!

Follows the form, child to parent and then parent to child. Follows the intent - the ownership passes on the agreement, and each party is intentionally transferring the guns.

Merely incidental that it points out the absurdity of not including brother-sister in intrafamilial transfer, but an absurdity we must accommodate.

DDT
05-27-2009, 11:36 AM
Even the $38 to do 2 oplaw forms is better than paying for the PPT of multiple guns; plus you won't lose possession of your handguns for 10 days.

bsim
05-27-2009, 11:48 AM
If the relative is alive and out of state, and the handgun goes through a CA FFL (with DROS), is the additional intrafamilial form required?

DDT
05-27-2009, 11:52 AM
If the relative is alive and out of state, and the handgun goes through a CA FFL (with DROS), is the additional intrafamilial form required?

no. Interstate transfer between family members is the same as any other interstate transfers.

Joe
05-27-2009, 11:54 AM
If the relative is alive and out of state, and the handgun goes through a CA FFL (with DROS), is the additional intrafamilial form required?



If a father from Oregon wants to give a glock 19(gun must be doj approved, so I chose a g19) to his son in California. And the father sends the gun to a California FFL. The son would fill out the dros paperwork and wait his ten days.

This would be handled like a typical out of state transfer. There would be no intrafamilial form required.

ke6guj
05-27-2009, 12:17 PM
If a father from Oregon wants to give a glock 19(gun must be doj approved, so I chose a g19) to his son in California. And the father sends the gun to a California FFL. The son would fill out the dros paperwork and wait his ten days.

This would be handled like a typical out of state transfer. There would be no intrafamilial form required.Since it is an intrafamily transfer, even though has to go through a CA FFL (to satisfy federal law), it does NOT need to be on the Roster. It does has to be CA-legal, so no pistol AWs or Taurus Judges, but otherwise, non-rostered stuff like a HK45, Colt Python, etc are able to given to a CA-resident by an out-of-state grandparent, parent, child, or grandchild.

bsim
05-27-2009, 1:38 PM
Thanks guys, just wanted t make sure I didn't need the form too. And ke6 is right, roster does not apply to intrafamilial transfer.

ke6guj
05-27-2009, 1:48 PM
correct, the intrafamily form is not needed if the transfer goes through an FFL. Reason being, the handgun would be registered during the DROS. That is what the intrafamily form is for, so that the state could register the handguns to the recipient, and do a BG check, without having it done as a PPT at the dealer.

CA_Libertarian
05-27-2009, 10:47 PM
I think you got hosed on the fees the first time around. I'm sure someone will correct me if I'm wrong, but, 3 long guns could be transferred on the same DROS, so only one DROS fee. I believe pistols are different, and each must be separate due to pistol registration and such.

And you can get around the lock requirement by having your sister sell you the locks (maybe for $0.01 each), just have her write up a receipt dated the date of the transfer. The dealer might not like it, but it definitely meets the legal requirements. (Or you can just go to wal-mart, buy the locks on the day you go pick up the guns, then return them for a full refund - the law doesn't require you to actually keep the locks, just to buy them.)