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View Full Version : Receiving Off Roster Handgun As A Gift?


BreweryWgn
12-26-2009, 12:52 PM
Hello All,

I am new to the forum and have really enjoyed soaking up the wealth of knowledge that is available here! I have searched the forum and to my understanding an Off Roster handgun cannot legally enter California unless it is through an FFL. If a friend gifted an Off Roster handgun to me while I was visiting another state or while they were visiting from another state, then if I reported it to DOJ using a Firearm Ownership Record form would this be legal? I was advised by an employee of my local gun store that this would be acceptable to do and that only guns that were being "sold" had to come into the state through an FFL and it wouldn't apply to a gift and to "just fill out the form and send it in/what are they going to do?". I apologize if this has been gone over before, but there is so much information to sift through and it seems like everyone you ask has a different answer, so I just want to be clear on what is legal and what isn't.

Thank You

titan
12-26-2009, 1:04 PM
I think that's a violation of federal law. People who reside in different states can't legally transfer firearms without the use of an FFL. The problem with a non-roster pistol is the CA FFL can't import the pistol if it's not on the list. It's a catch 22. Your friend can't bring it into CA to give it to you and you can go their to pick it up and bring it back into CA. The only exception would be a gift from your parents, I believe there is some exception when it's a gift from them.

Shane916
12-26-2009, 1:05 PM
Hello All,

I am new to the forum and have really enjoyed soaking up the wealth of knowledge that is available here! I have searched the forum and to my understanding an Off Roster handgun cannot legally enter California unless it is through an FFL. If a friend gifted an Off Roster handgun to me while I was visiting another state or while they were visiting from another state, then if I reported it to DOJ using a Firearm Ownership Record form would this be legal? I was advised by an employee of my local gun store that this would be acceptable to do and that only guns that were being "sold" had to come into the state through an FFL and it wouldn't apply to a gift and to "just fill out the form and send it in/what are they going to do?". I apologize if this has been gone over before, but there is so much information to sift through and it seems like everyone you ask has a different answer, so I just want to be clear on what is legal and what isn't.

Thank You

If you acquire a firearm in another state then you must have it shipped to a local FFL in CA for the transfer.

Non-rostered handguns can be gifted from mother/father/son/daughter etc. but they also must be shipped to a FFL for transfer.

hoffmang
12-26-2009, 1:16 PM
You can't circumvent the Roster by simply having a friend gift you an unrostered handgun. He is required by Federal law and California law to transfer the handgun to a CA FFL. The CA FFL is then prohibited from transferring a non rostered handgun to you when it was not transferred between two residents of California pursuant to the PPT rules.

-Gene

BreweryWgn
12-26-2009, 2:03 PM
Thanks for the fast replies and good information guys, I am glad I asked here because I sure don't want to run into any trouble down the road!

Cokebottle
12-26-2009, 4:38 PM
I was advised by an employee of my local gun store that this would be acceptable to do and that only guns that were being "sold" had to come into the state through an FFL
Gun shop = worst place ever to get correct information on California gun laws

Off-roster handguns can only come into the state through intrafamilial transfer... direct blood line, no brother-to-brother.
The only other way to get them in is by a new resident moving to CA or an exempted person (LEO).

ALL guns, even long guns, sold or gifted into the state must go through an FFL (with special exceptions for C&R).

The person at the gun store was advising you to commit a federal and state felony.

BreweryWgn
12-26-2009, 7:40 PM
Yeah, I figured it sounded to good to be true when he told me that! Again thanks for clearing this up for me, this website and everyone behind Calguns really are providing an invaluable service. You have my lifelong support!

IrishPirate
12-26-2009, 7:51 PM
The first F in FFL stands for FEDERAL. Therefore, all FFL dealers are governed under federal law. They also need to follow the laws of the state they are in. Federal law says you have to transfer guns through an FFL holder 100% of the time if it's not going to or from mom/dad/grandpa/grandma and child/grandchild. C&R collectors are FFL holders restricted to only transfering C&R guns (03FFL).

basically, you friend can't just give you a gun out of state and you can't just bring it into CA. you'd both be committing a felony. If he isn't also a resident of CA, then he can't PPT it to you unless your exempted for being a LEO (or one of the other similar exemption jobs). sorry.