PDA

View Full Version : Handgun Transfer Question


bodger
03-29-2010, 9:05 AM
Hypothetical:

Someone has a parent who lives in Arizona.
Parent purchases new handgun in Arizona, brings it to CA, gives it to their child as a birthday present, goes back to Arizona.

What has to happen now in order for the recipient of this handgun to have it legally in CA?

Thanks

motorhead
03-29-2010, 9:19 AM
no can do across state lines. has to go through ffl. must be rostered.

bwiese
03-29-2010, 9:32 AM
Hypothetical:

Someone has a parent who lives in Arizona.
Parent purchases new handgun in Arizona, brings it to CA, gives it to their child as a birthday present, goes back to Arizona.

What has to happen now in order for the recipient of this handgun to have it legally in CA?

Reset/restart.

It's still the parent's gun. Terminology should be couched that the parent left the gun stored in CA.

Parent either returns and picks up the gun and sends it to a cooperative CA FFL, or parent + child go to CA FFL and do the non-PPT transfer there.
(Non-PPT because it's interstate.)

Rostering is not an issue due to lineal intrafamily status. FFL can charge whatever fee he wants for this service since this is not a limited-to-$35 PPT fee btwn 2 CA residents.

A smarter FFL will be required if the gun is not Rostered since many don't know that interstate intrafamily transfer overrides any Rostering requirement.

bodger
03-29-2010, 9:35 AM
Thanks.

bodger
03-30-2010, 9:14 AM
Parent is in AZ, child is in CA. Hypothetical gun in question is a Smith Wesson Model 686 four inch stainless.

Is the information below correct?:

The CA DOJ has a form for Intra-familial handgun transactions - if a parent gives you a handgun you can make it legal and licensed to you with a $19 check and a one page form , mail it to the DOJ six weeks later it's all yours - you dontt even need to take the HSC safety test.

Thanks

paul0660
03-30-2010, 9:21 AM
You didn't like wiese's answer, which is correct? The simple California form is only for within California, the state line is the problem.

bodger
03-30-2010, 9:23 AM
You didn't like wiese's answer, which is correct? The simple California form is only for within California, the state line is the problem.


Thanks, sorry for the double checking on that, I shouldn't second guess. Someone else is second guessing me.

paul0660
03-30-2010, 9:27 AM
Not all FFL's are familiar with the intrafamilial out of state transfer, so you might have to look around for the right one.

bodger
03-30-2010, 10:12 AM
Not all FFL's are familiar with the intrafamilial out of state transfer, so you might have to look around for the right one.


Yep. The FFL contacted about this insisted that no FFL was required for interstate intra-familial transfer, and that DOJ Report of Operation of Law form is all that is necessary.

Understand, I am not challenging Bill's explanation nor his grasp of the law on this.

Obviously, going by what someone who works in a gun store is not the best route.
So I called the DOJ directly at 916 263 4887. A woman named Renee answered the phone. I explained to her that someone I know who is an Arizona State resident purchased a Smith Wesson revolver in Arizona, brought it to California, and wishes to gift the weapon to his daughter, a California resident.

Renee informed me that there is no necessity to involve an FFL in this. Merely fill out the Operation of Law form, mail it with $19, and if the recipient is not a prohibited person, that is all that is required.

I guess it's shouldn't be a surprise that someone who answers the phone at the DOJ doesn't know the actual laws regarding this.

Librarian
03-30-2010, 10:28 AM
It is entirely typical for Feds to not understand state laws, and state people to ignore Federal laws.

Federal law says

if the handgun transfer is not an inheritance (i.e. the giver is dead)
and both parties do not live in the same state
and the receiving party does not have any kind of FFL
then the transfer is interstate and must use an FFL in the home state of the person receiving the handgun


Remember, the geographic location of the handgun makes no difference here, it's the states of residence of the parties.

paul0660
03-30-2010, 10:32 AM
Renee informed me that there is no necessity to involve an FFL in this. Merely fill out the Operation of Law form, mail it with $19, and if the recipient is not a prohibited person, that is all that is required.


WOW

bodger
03-30-2010, 10:33 AM
It is entirely typical for Feds to not understand state laws, and state people to ignore Federal laws.

Federal law says

if the handgun transfer is not an inheritance (i.e. the giver is dead)
and both parties do not live in the same state
and the receiving party does not have any kind of FFL
then the transfer is interstate and must use an FFL in the home state of the person receiving the handgun


Remember, the geographic location of the handgun makes no difference here, it's the states of residence of the parties.

Sounds like a bad situation with the DOJ then. I was amazed to hear Renee say: "Well it's not a problem because the gun is already in CA anyway."
WTF?

If the DOJ processed that form and called the transaction and the gun GTG, what would be the eventual blow-back from that? If the number on the gun ever gets run by LEO, would it come back as flagged or something?

I'm going to insist this be done at an FFL in any case. Thanks to all for the clarification and patience.

Soldier415
03-30-2010, 10:55 AM
tag