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View Full Version : Receiving off-roster hangun from out-of-state


TightGroup
06-02-2009, 9:19 PM
My father (VA resident) offered to gift (bequeathal, PPT, etc...) a handgun to me (CA resident) that is currently not on the CA approved handgun roster. Is this legal?

bwiese
06-02-2009, 9:32 PM
This can be done as an intrafamiliar transfer, since the parties have a specified lineal relation (grandparent, parent, child, grandchild) and is thus Roster-exempt.

But it has to run thru a CA FFL to keep the Feds happy.

You need to find a cooperative, competent CA FFL that understands the law.

Your dad sends the handgun to the FFL. [He should include a 'gift letter' expressing his relationship to you, your full name, and that you are to receive the gun, and the identifying make/model/serial# of handgun. ]

You DROS the gun at the FFL, and in the Roster/exempt area, the FFL
fills out "intrafamily xfer per 12078PC". The FFL keeps a copy of the gift letter in his files w/DROS stuff.

You pick it up after 10 day wait, safety demo, etc.

truthseeker
06-02-2009, 10:09 PM
My grandfather died when I was too young to own firearms and now my uncle (who has been keeping them for me) wants to give them to me.

So can my uncle do this via intra-family transfer?

DDT
06-02-2009, 10:33 PM
no he can't.

bwiese
06-02-2009, 10:39 PM
My grandfather died when I was too young to own firearms and now my uncle (who has been keeping them for me) wants to give them to me.

So can my uncle do this via intra-family transfer?

Where is your uncle located? If he's near you and in CA, just have him do a PPT.

If they were specifically bequested to you with probate orders to be "held til Junior turns 18" and the uncle was the intermediary, you could also avoid the Roster.

An uncle is not an authorized lineal family member (grandparent, parent, child, grandchild) per 12078(c) PC. Thus the uncle would have to transfer them to you normally (PPT near you in CA, otherwise regular FFL transfer).

And "Firearms"?

Ordinary long guns, C&R or antique handguns, dimensionally-compliant single-action revolvers and dimensionally-compliant single-shot pistols are all not subject to Rostering and are all transferrable to you.

modls7
06-03-2009, 12:51 AM
An uncle is not an authorized lineal family member (grandparent, parent, child, grandchild) per 12078(c) PC. Thus the uncle would have to transfer them to you normally (PPT near you in CA, otherwise regular FFL transfer).


How about a step-parent or stepchild?

Quiet
06-03-2009, 1:10 AM
How about a step-parent or stepchild?

Not exempt.

CalNRA
06-03-2009, 2:11 AM
Not exempt.

what if the step parent adopts the kid?

TightGroup
06-03-2009, 5:28 AM
This can be done as an intrafamiliar transfer, since the parties have a specified lineal relation (grandparent, parent, child, grandchild) and is thus Roster-exempt.

But it has to run thru a CA FFL to keep the Feds happy.

You need to find a cooperative, competent CA FFL that understands the law.

Your dad sends the handgun to the FFL. [He should include a 'gift letter' expressing his relationship to you, your full name, and that you are to receive the gun, and the identifying make/model/serial# of handgun. ]

You DROS the gun at the FFL, and in the Roster/exempt area, the FFL
fills out "intrafamily xfer per 12078PC". The FFL keeps a copy of the gift letter in his files w/DROS stuff.

You pick it up after 10 day wait, safety demo, etc.


Thanks for the quick response bwiese; that's very helpful information. Hopefully I'll be trying out my "new" hk 45 by mid-Summer!