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thebullet
07-05-2009, 3:41 AM
is thier any one who can do a out-of-state intra-familial gift transfers for me? It may be a few months but im trying to get a answer. Here is my problem
http://www.calguns.net/calgunforum/showthread.php?t=200272

kemasa
07-06-2009, 12:30 PM
I just got off the phone with the BATF and CA DOJ and asked about this issue. According to both, it is legal for the father to drive to CA and transfer the firearm to the son, as long as the son fills out the required form:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Just keep a copy of the form that you submit so that you have a record of it. Also, I would keep a copy of the cancelled check, if possible. Photocopy/scan the check and then keep a copy that check number was processed.

I can give the CA DOJ person's name that I talked to if you want to confirm this.

If you want to do it through a FFL, I can do that, but from my research that is not required.

ke6guj
07-06-2009, 1:54 PM
So is BATF and CADOJ claiming that the oplaw form supercedes federal law?

Specifically the following,

Sec. 478.29 Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer,
licensed dealer, or licensed collector, shall transport into or receive
in the State where the person resides (or if a corporation or other
business entity, where it maintains a place of business) any firearm
purchased or otherwise obtained by such person outside that State:
Provided, That the provisions of this section:
(a) Shall not preclude any person who lawfully acquires a firearm by
bequest or intestate succession in a State other than his State of
residence from transporting the firearm into or receiving it in that
State, if it is lawful for such person to purchase or possess such
firearm in that State,
(b) Shall not apply to the transportation or receipt of a rifle or
shotgun obtained from a licensed manufacturer, licensed importer,
licensed dealer, or licensed collector in a State other than the
transferee's State of residence in an over-the-counter transaction at
the licensee's premises obtained in conformity with the provisions of
Sec. 478.96(c) and
(c) Shall not apply to the transportation or receipt of a firearm
obtained in conformity with the provisions of Sec. Sec. 478.30 and
478.97.


Sec. 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or
deliver any firearm to any other nonlicensee, who the transferor knows
or has reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a place of
business in) the State in which the transferor resides: Provided, That
the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of
a firearm made to carry out a bequest of a firearm to, or any
acquisition by intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the laws of the State of
his residence; and
(b) shall not apply to the loan or rental of a firearm to any person
for temporary use for lawful sporting purposes.

kemasa
07-06-2009, 2:31 PM
It appears that the BATF agent I spoke to was incorrect, as mentioned in the other thread. The problem is that the firearm can not be transported to CA nor can it be transfered in AZ, so a FFL is required to receive it, but also in checking with the CA DOJ, the process for transferring it is somewhat of a problem because they use the SB15 exemption, but it is not specified by law and therefore the way it is viewed could be changed.