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PinnedAndRecessed
02-07-2005, 12:31 PM
I just got off the phone to the Cal DOJ. (They actually try to be quite helpful, btw.)

I learned that if you have a parent or a grandparent who lives out of state, that you can receive three non-approved handguns per year from them. It simply requires they physically bring the guns to you or that you physically go there to take delivery.

You bring the guns into Cal and then fill out an "intra-familial operation of law" form and send it to the DOJ. No FFL is necessary.

This only applies to handguns not specifically forbidden (viz., "assault weapons").

There is also a spouse-to-spouse provision. If your lovely beloved's folks/grandfolks want to give you a gun, they can give it to her. She can then give it to you.

No uncles/aunts/brothers/sisters qualify, though.

PinnedAndRecessed
02-07-2005, 12:31 PM
I just got off the phone to the Cal DOJ. (They actually try to be quite helpful, btw.)

I learned that if you have a parent or a grandparent who lives out of state, that you can receive three non-approved handguns per year from them. It simply requires they physically bring the guns to you or that you physically go there to take delivery.

You bring the guns into Cal and then fill out an "intra-familial operation of law" form and send it to the DOJ. No FFL is necessary.

This only applies to handguns not specifically forbidden (viz., "assault weapons").

There is also a spouse-to-spouse provision. If your lovely beloved's folks/grandfolks want to give you a gun, they can give it to her. She can then give it to you.

No uncles/aunts/brothers/sisters qualify, though.

RRangel
02-07-2005, 1:26 PM
That's really good info. This was the subject of a previous post only it wasn't confirmed on whether it was legal for guns not on the list.

I would still be cautious as some of those people on the phone don't have the authority of the AG. If I had something written from the AG I'd feel much better about going through with it.

I wanted an FN Five Seven only now they took the good ammo off of the market. I'm hoping we can get the brass and various weight bullets to make our own.

PinnedAndRecessed
02-07-2005, 2:05 PM
If you go to the other thread the form is linked. You don't even go through a dealer so no verification is necessary. You simply submit the paperwork to the DOJ.

The rules are outlined very clearly on the form. I.e., it's in writing. It's really simple if you've got a living parent or grandparent. (Which I do not.)

I was inquiring as to a living uncle or sister, etc. No dice. Must be parent or grandparent.

Rascal
02-07-2005, 2:48 PM
Ramon, I have done this on 2 seperate occasions and not had any problems from Cal DOJ about this.
I pyhically picked them up from my father and transported them back to Kali, registered them and got confirmation back from Cal DOJ that the handguns are now registered to me. No FFL required.

RRangel
02-07-2005, 4:30 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Rascal:
Ramon, I have done this on 2 seperate occasions and not had any problems from Cal DOJ about this.
I pyhically picked them up from my father and transported them back to Kali, registered them and got confirmation back from Cal DOJ that the handguns are now registered to me. No FFL required. <HR></BLOCKQUOTE>

Looks like I'll have to be taking a trip to New Mexico when funds permit. Thanks!

imported_EOD Guy
02-08-2005, 6:26 AM
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Rascal:
Ramon, I have done this on 2 seperate occasions and not had any problems from Cal DOJ about this.
I pyhically picked them up from my father and transported them back to Kali, registered them and got confirmation back from Cal DOJ that the handguns are now registered to me. No FFL required. <HR></BLOCKQUOTE>

California DOJ may not have a problem, but the Feds might. In most cases, transfer of a firearm from one unlicensed person to another when both are not residents of the same state is a violation of Federal law.

imported_lunde
02-08-2005, 9:31 AM
I agree. In addition to calling the California DOJ, it would be prudent to also call the ATF, as handguns and interstate transfer is a whole new matter.

RRangel
02-08-2005, 11:52 AM
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by EOD Guy:
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Rascal:
Ramon, I have done this on 2 seperate occasions and not had any problems from Cal DOJ about this.
I pyhically picked them up from my father and transported them back to Kali, registered them and got confirmation back from Cal DOJ that the handguns are now registered to me. No FFL required. <HR></BLOCKQUOTE>

California DOJ may not have a problem, but the Feds might. In most cases, transfer of a firearm from one unlicensed person to another when both are not residents of the same state is a violation of Federal law. <HR></BLOCKQUOTE>

You know I almost missed that.

jnojr
02-08-2005, 12:12 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by PinnedAndRecessed:
I just got off the phone to the Cal DOJ. (They actually try to be quite helpful, btw.)

I learned that if you have a parent or a grandparent who lives out of state, that you can receive three non-approved handguns per year from them. It simply requires they physically bring the guns to you or that you physically go there to take delivery.
<HR></BLOCKQUOTE>

The out-of-state relative can also ship the gun(s) to an FFL with a notarized letter stating it's a gift between immediate family members. I would check with the FFL first to make sure they have the same understanding. If they don't know about that, they can contact the DOJ to make sure.

jnojr
02-08-2005, 12:14 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by EOD Guy:

California DOJ may not have a problem, but the Feds might. In most cases, transfer of a firearm from one unlicensed person to another when both are not residents of the same state is a violation of Federal law. <HR></BLOCKQUOTE>

But this isn't a "transfer" as in a private party sale. It's a "transfer" as in you have to fill out the form and send it in, which results in a background check being done.

It couldn't hurt to ask AT about this. I wouldn't be surprised if they have a "gift between immediate family members" provision.

imported_EOD Guy
02-09-2005, 6:41 AM
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by jnojr:
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by EOD Guy:

California DOJ may not have a problem, but the Feds might. In most cases, transfer of a firearm from one unlicensed person to another when both are not residents of the same state is a violation of Federal law. <HR></BLOCKQUOTE>

But this isn't a "transfer" as in a private party sale. It's a "transfer" as in you have to fill out the form and send it in, which results in a background check being done.

It couldn't hurt to ask AT about this. I wouldn't be surprised if they have a "gift between immediate family members" provision. <HR></BLOCKQUOTE>

imported_EOD Guy
02-09-2005, 6:43 AM
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by PinnedAndRecessed:
I just got off the phone to the Cal DOJ. (They actually try to be quite helpful, btw.)

I learned that if you have a parent or a grandparent who lives out of state, that you can receive three non-approved handguns per year from them. It simply requires they physically bring the guns to you or that you physically go there to take delivery.

You bring the guns into Cal and then fill out an "intra-familial operation of law" form and send it to the DOJ. No FFL is necessary.

This only applies to handguns not specifically forbidden (viz., "assault weapons").

There is also a spouse-to-spouse provision. If your lovely beloved's folks/grandfolks want to give you a gun, they can give it to her. She can then give it to you.

No uncles/aunts/brothers/sisters qualify, though. <HR></BLOCKQUOTE>

It is illegal under Federal law unless the transfer is done by a California dealer. Direct transfer between residents of different states is illegal. Family relationship does not matter. There are some exceptions, but that is not one of them.

The California exception to a dealer transfer between immediate family members only applies if both parties are residents of California.

imported_EOD Guy
02-09-2005, 6:46 AM
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by EOD Guy:
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by jnojr:
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by EOD Guy:

California DOJ may not have a problem, but the Feds might. In most cases, transfer of a firearm from one unlicensed person to another when both are not residents of the same state is a violation of Federal law. <HR></BLOCKQUOTE>

But this isn't a "transfer" as in a private party sale. It's a "transfer" as in you have to fill out the form and send it in, which results in a background check being done.

It couldn't hurt to ask AT about this. I wouldn't be surprised if they have a "gift between immediate family members" provision. <HR></BLOCKQUOTE> <HR></BLOCKQUOTE>

An transfer is a transfer under Federal law. There is no exception for gifts between immediate family members in interstate transfers.

There is an exception in the regulation, but it only applies to bequests or intestate succession from an estate.