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natedogg1777
03-17-2010, 2:26 PM
Asking for a friend. Searched and never saw a clear, cut and dry answer.

We know that a father can transfer a handgun to his son without an FFL as a middle man...send in the form and $19 and its done. But, does that change when A) the dad is out of state (Nevada) and B) if the handgun is off-roster?

My understanding is that anything from out of state is regulated by Federal law and still needs to be done through an FFL.

If it is more complicated than a simple intra-familial transfer, does he just need to have his dad come to a CA FFL with him to do a standard PPT? Off-Roster makes no difference?

Thanks,

natedogg1777
03-17-2010, 2:28 PM
Looked at the Wiki as well, and left it feeling rather...confused:confused:

ke6guj
03-17-2010, 3:03 PM
Asking for a friend. Searched and never saw a clear, cut and dry answer.

We know that a father can transfer a handgun to his son without an FFL as a middle man...send in the form and $19 and its done.correct. if both father and son are CA-residents, then CA law allows for a non-FFL transfer with the $19 form, and federal law does not apply.

But, does that change when A) the dad is out of state (Nevada) and B) if the handgun is off-roster?

My understanding is that anything from out of state is regulated by Federal law and still needs to be done through an FFL.
Yes, in this case, federal law does apply, and there is no intrafamily exemption to federal law. Federal law says all transfers between non-licensees of different states must be facilitated through an FFL.


If it is more complicated than a simple intra-familial transfer, does he just need to have his dad come to a CA FFL with him to do a standard PPT? Off-Roster makes no difference?

Thanks,he can have pops hand-deliver it tothe FFL, or he can ship it to the FFL. The FFL would need to DROS it as a roster-exempt transfer. Not all FFLs are aware that it is possible. Some dealers (and CADOJ has also) will just tell you to do the intrafamily form and call it done, not realizing that doing so would violate federal law.

natedogg1777
03-17-2010, 3:12 PM
Perfect! Exactly what I needed to know...thanks much.

bwiese
03-17-2010, 3:22 PM
Asking for a friend. Searched and never saw a clear, cut and dry answer.

We know that a father can transfer a handgun to his son without an FFL as a middle man...send in the form and $19 and its done. But, does that change when A) the dad is out of state (Nevada) and B) if the handgun is off-roster?


(a) out of state? needs to go thru CA FFL to keep Feds happy

(b) doesn't need to be Rostered due to intrfamily exemption
even if CA FFL has to be used to keep Feds happy.


My understanding is that anything from out of state is regulated by Federal law and still needs to be done through an FFL.Correct.

If it is more complicated than a simple intra-familial transfer, does he just need to have his dad come to a CA FFL with him to do a standard PPT? Off-Roster makes no difference?

CA DOJ illegally restricts PPTs to CA residents (or at least those with CA ID/DL). If he wanted to move to CA and get residency/ID, of course he could then PPT it or even give it to you. There is no benefit for your dad coming here, however (at least for this transaction).

Just find a cooperative FFL in your area - where are you??? - and your dad sends the gun to that CA FFL along with a "gift letter" identifying gun & relationship. ["I want my son John Q. Smith to have this S&W 357 revolver S/N 123456. Signed, John Smith Sr."]

The FFL will do the transfer to you the son, and categorize it as Roster exempt via 12078. There will have to be a 10 day wait, and the FFL is not restricted from charging more-than-PPT fees - he can charge whatever he wants.


ETA: looks like Jack beat me to it again!

natedogg1777
03-17-2010, 3:46 PM
Thanks again, both of you. We're talking about the Sacramento area. I would imagine "that one guy" around here would be willing to do the transfer. Never could figure out why he prefers to go unnamed on here...

Librarian
03-17-2010, 7:01 PM
Looked at the Wiki as well, and left it feeling rather...confused:confused:

What part is confusing?

http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members
notes "INTERSTATE transfers are generally NOT FFL-free, because Federal law says so. "

What would be clearer?