PDA

View Full Version : Another out of state transfer question...Sorry


JimmyB62
12-07-2009, 11:23 AM
I've searched and read some on this question but some info seems conflicting so....

I live in Washington State, my dad lives in CA. I want to give him a Remington 870 shotgun (with 4 round mag). I already bought the gun in WA from a dealer and filled out the 4473 (which is all that's required here).

Does this transfer need to go through an FFL? What is the procedure? I'd like to give it to him in person when I visit next week if possible.

From what I read if we both lived in CA there would be no paperwork but since I'm out of state there is?

Thanks for any help.

ke6guj
12-07-2009, 12:50 PM
I've searched and read some on this question but some info seems conflicting so....

I live in Washington State, my dad lives in CA. I want to give him a Remington 870 shotgun (with 4 round mag). I already bought the gun in WA from a dealer and filled out the 4473 (which is all that's required here).

Does this transfer need to go through an FFL? What is the procedure? I'd like to give it to him in person when I visit next week if possible.
yes, it must go through a CA FFL to satisfy federal law. YOu can either ship it ot the FFL and your father can go in to do the DROS to him. Or, you can bring it down with you and deliver it to the FFL in person, and then your father can do the DROS to him. In either case, it is not considered an PPT transfer, so the dealer may charge any amount he wishes to transfer it to your father. Depending on the dealer, that may range from $25 to $150 plus the $25 state DROS fee.



From what I read if we both lived in CA there would be no paperwork but since I'm out of state there is?correct, if both parties are CA residents, and of immediate family (grandparent, parent, child, grandchild), no paperwork would be required to transfer a long gun. but since the parties are residents of different state, federal law requires you to use an FFL to facilitate the transfer.

Cokebottle
12-07-2009, 12:55 PM
In either case, it is not considered an PPT transfer, so the dealer may charge any amount he wishes to transfer it to your father. Depending on the dealer, that may range from $25 to $150 plus the $25 state DROS fee.
If it is a gift, would the intrafamilial transfer laws/fees not apply for father/son even with one being out of state?

lorax3
12-07-2009, 12:59 PM
If it is a gift, would the intrafamilial transfer laws/fees not apply for father/son even with one being out of state?

He answered that above.

From what I read if we both lived in CA there would be no paperwork but since I'm out of state there is?




correct, if both parties are CA residents, and of immediate family (grandparent, parent, child, grandchild), no paperwork would be required to transfer a long gun. but since the parties are residents of different state, federal law requires you to use an FFL to facilitate the transfer.

To reiterate, the interfamilial exemption only applies to CA residents. The only family exemption I am aware of on a federal level that avoids an FFL is a bequest. (Which means the giving party has died)

JimmyB62
12-07-2009, 1:54 PM
Thanks much for the help. Will there still be a 10 day waiting period for him (I'm assuming there will)? It took me a while to find out what DROS meant (but I know now). Thanks again!

lorax3
12-07-2009, 2:03 PM
Yes there will be a ten day wait for him.

JimmyB62
12-07-2009, 2:10 PM
Got it. Sorry to clutter things up with a bunch of "thank you's" but I really do appreciate the squared away info here, so..........Thanks Much!:D

ke6guj
12-07-2009, 3:16 PM
correct, if the son became a CA-resident, then there would no longer be any issues with federal law, so the CA intrafamily transfer law would allow for it, without a DROS needed.