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skem2008
04-02-2010, 12:40 PM
Just want to make sure this is alright to have transferred to me from my father. If anything needs to be modified, could you tell me?

It is the first one on the page

MPA-PI-MPA30 Non Threaded Barrel $349.00

http://www.tickbitesupply.com/mpa.html

Quiet
04-02-2010, 3:00 PM
Without the threaded barrel, it is legal as is.
Since, this is an intra-familial gift, it is exempt from the approved list and does not need to be made into a single-shot pistol.

If both you and your father are CA residents, then all you need to do to legally transfer it is...
1. You get a HSC or have an exemption to the HSC. If you already have one, then you are good to go.
2. Your father hands you the handgun.
3. Within 30 days, you submit a Operation of Law Or Intra-Familial Handgun Transaction Report (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) with $19 to CA DOJ BOF.
4. You enjoy your new handgun.
5. Within 4-16 weeks, CA DOJ BOF will mail you confirmation.

If your father is not a CA resident, then in order to legally transfer it...
1. Father ships/brings the handgun to a CA FFL dealer.
2. You goto the CA FFL dealer.
3. You get a HSC or have an exemption to the HSC.
4. The handgun is 4473/DROS'd.
5. You wait 10 days.
6. After the wait, enjoy your new handgun.

Librarian
04-02-2010, 3:19 PM
And just to be a pedant, that's intRAfamily - "intra" means within; e..g. "intra-mural ('within the walls') sports" are sports played by folks all within the same general group, as on-campus sports teams at a college or high school. The transfer you mention is within your family -- intrafamilial -- and properly within CA's silly limit of parent/grandparent to child/grandchild.

bodger
04-02-2010, 3:36 PM
Without the threaded barrel, it is legal as is.
Since, this is an intra-familial gift, it is exempt from the approved list and does not need to be made into a single-shot pistol.

If both you and your father are CA residents, then all you need to do to legally transfer it is...
1. You get a HSC or have an exemption to the HSC. If you already have one, then you are good to go.
2. Your father hands you the handgun.
3. Within 30 days, you submit a Operation of Law Or Intra-Familial Handgun Transaction Report (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) with $19 to CA DOJ BOF.
4. You enjoy your new handgun.
5. Within 4-16 weeks, CA DOJ BOF will mail you confirmation.

If your father is not a CA resident, then in order to legally transfer it...
1. Father ships/brings the handgun to a CA FFL dealer.
2. You goto the CA FFL dealer.
3. You get a HSC or have an exemption to the HSC.
4. The handgun is 4473/DROS'd.
5. You wait 10 days.
6. After the wait, enjoy your new handgun.

All correct.
I just had this situation with my girlfriend. Except her dad brought the gun from Arizona (S&W 686,4"). We called the CA DOJ and were told that all that was needed was the O of L form, since the gun was already in California.
Unbelievable.

skem2008
04-02-2010, 4:01 PM
Yeah he is in another state so will be shipped to a FFL here.

Just one more thing, I see it comes with a 30rd clip.

stag1500
04-02-2010, 4:32 PM
Yeah he is in another state so will be shipped to a FFL here.

Just one more thing, I see it comes with a 30rd clip.

Tell your pops to ship the gun without the 30rd magazine. The 30rd magazine cannot be brought into California.

ponderosa
04-02-2010, 5:06 PM
Tell your pops to ship the gun without the 30rd magazine. The 30rd magazine cannot be brought into California.

or to take the mag apart and send it as parts...

Zwingli
04-02-2010, 6:15 PM
You mean as repair parts for the magazine he has already long owned?

loather
04-02-2010, 6:49 PM
You mean as repair parts for the magazine he has already long owned?

Bad idea. Building up the fictitious magazine that "he already owned" is a felony. Just get some legal 10-rounders here instead. I know how tempting it is and how easy it would be to do it. But don't. Really. Don't.

Yes, you can ship magazine parts, and as long as they stay magazine parts, you're fine. Just don't assemble them until after the magazine capacity law is overturned. I have it on good faith that it will be overturned in Two Weeks(tm).

Quiet
04-02-2010, 7:40 PM
We called the CA DOJ and were told that all that was needed was the O of L form, since the gun was already in California.
Unbelievable.

FYI.
CA DOJ only cares about CA state laws and does not care about violations of Federal laws.

BATFE does care about violations of Federal gun control laws (such as transfering firearms between residents of different states without the use of a FFL dealer in the receipant's state of residence) that have been in effect for over 40 years.

RideIcon
04-02-2010, 7:51 PM
Just don't assemble them until after the magazine capacity law is overturned. I have it on good faith that it will be overturned in Two Weeks(tm).

:shock:

gorenut
10-03-2010, 1:14 PM
All correct.
I just had this situation with my girlfriend. Except her dad brought the gun from Arizona (S&W 686,4"). We called the CA DOJ and were told that all that was needed was the O of L form, since the gun was already in California.
Unbelievable.

So was her dad an AZ resident? My GF's dad wants to gift her a gun, he is a resident of Arkansas. He wants to drop the gun off in person, but may not be available to do the transfer at an FFL. Can he just hand her the gun and she fills out the paper work, send it within 30 days?

Mssr. Eleganté
10-03-2010, 1:51 PM
So was her dad an AZ resident? My GF's dad wants to gift her a gun, he is a resident of Arkansas. He wants to drop the gun off in person, but may not be available to do the transfer at an FFL. Can he just hand her the gun and she fills out the paper work, send it within 30 days?

No he can't. The transfer has to be processed through an FFL in California. The father can ship the gun to the FFL or he can take it there in person. The FFL can charge whatever he wants for processing the transfer.

Mssr. Eleganté
10-03-2010, 2:06 PM
What's the point of that?

You can build your own 10/30 magazine out of the parts.

or

You can assemble the parts into a full 30 round magazine while traveling outside of California.

or

You can keep the parts until the day that California's magazine capacity law is struck down.

ke6guj
10-03-2010, 2:24 PM
one thing to remember is that there is supposed to be an <11-round magazine available to do the Handgun Safety Demo before the handgun can be released.

Meplat
10-03-2010, 2:40 PM
Couple things I’m not getting here.

In post #4:

“We called the CA DOJ and were told that all that was needed was the O of L form, since the gun was already in California.”


In post #13:

“No he can't. The transfer has to be processed through an FFL in California.

:confused:

GMG
10-03-2010, 2:45 PM
A person who is a CA. resident also owns property in AZ. Has an AZ. indentifcation that alows him to buy cash & carry guns in AZ. for his AZ. residence.

He decides the used revolver he bought isn't quite what he thought it was going to be.

He then offers to give it to his dad who is also a CA. resident (not on the CA DOJ list).

Can this be done? PPT @ an FFL.

gorenut
10-03-2010, 2:49 PM
No he can't. The transfer has to be processed through an FFL in California. The father can ship the gun to the FFL or he can take it there in person. The FFL can charge whatever he wants for processing the transfer.

Thats what I figured. Thanks for the clarification.

Meplat
10-03-2010, 2:50 PM
Eleven? I need to have a drink and come back to this thread. Then maybe it will make sense.:confused:

one thing to remember is that there is supposed to be an <11-round magazine available to do the Handgun Safety Demo before the handgun can be released.

ke6guj
10-03-2010, 2:55 PM
Eleven? I need to have a drink and come back to this thread. Then maybe it will make sense.:confused:<11 means "less than 11", meaning a magazine with a capacity between 1 to 10 rounds.

halifax
10-03-2010, 2:57 PM
A person who is a CA. resident also owns property in AZ. Has an AZ. indentifcation that alows him to buy cash & carry guns in AZ. for his AZ. residence.

He decides the used revolver he bought isn't quite what he thought it was going to be.

He then offers to give it to his dad who is also a CA. resident (not on the CA DOJ list).

Can this be done? PPT @ an FFL.

Does the father also have a valid CA id or dl? The DROS software will only accept CA or .mil id.

ke6guj
10-03-2010, 3:14 PM
Does the father also have a valid CA id or dl? The DROS software will only accept CA or .mil id.if the father is a dual-resident of CA and AZ, if, while he is currently residing in CA, he should be able do do a intrafamily transfer to his CA-resident son without needing to use a CA FFL to facilitate the transfer. So, the DROS software limitations shouldn't come into play.

bodger
10-03-2010, 3:36 PM
Couple things I’m not getting here.

In post #4:

“We called the CA DOJ and were told that all that was needed was the O of L form, since the gun was already in California.”


In post #13:

“No he can't. The transfer has to be processed through an FFL in California.

:confused:

So was her dad an AZ resident? My GF's dad wants to gift her a gun, he is a resident of Arkansas. He wants to drop the gun off in person, but may not be available to do the transfer at an FFL. Can he just hand her the gun and she fills out the paper work, send it within 30 days?

Dad was and still is an AZ resident. He bought a S&W revolver at Scottsdale Gun Club, transported it by car to CA, and gave it to his daughter for her birthday.

She got the O of L form from the CA DOJ and registered the firearm.

Now, both my girlfriend and her father are guilty of a federal felony. That transfer should have occurred through an FFL because the father is not a CA resident at all. Owns no property here, never lived here never had a DL here.

CA DOJ doesn't know or worry about federal law.

Of course, as far as my girlfriend and her dad are concerned, I'm full of crap and paranoid. Sure hope she never needs to use that revolver for SD or anything, and I refuse to have the gun in my house or car.

Meplat
10-03-2010, 3:45 PM
<11 means "less than 11", meaning a magazine with a capacity between 1 to 10 rounds.

I knew that! I just didn't realize it.:o

GMG
10-03-2010, 4:53 PM
Does the father also have a valid CA id or dl? The DROS software will only accept CA or .mil id.

The father has a CA DL and an HSC.

frankm
10-03-2010, 8:33 PM
Bad idea. Building up the fictitious magazine that "he already owned" is a felony. Just get some legal 10-rounders here instead. I know how tempting it is and how easy it would be to do it. But don't. Really. Don't.

This is true. While many people who browse to this forum may ignore Calif and Federal gun laws, it shouldn't be advocated here. This forum is associated with damn fine attorneys and we shouldn't make their job any harder. I could see some lefties trying to link posters who advocate breaking the law to the attorneys in some manner. That would not be good. If you want to go to other gun and survivalist forums and talk about stuff like this, I'm cool with that. :cool: I may or may not agree with you, but can't say on this forum. :batman:

halifax
10-03-2010, 9:01 PM
The father has a CA DL and an HSC.

See post #25

Librarian
10-03-2010, 9:42 PM
A person who is a CA. resident also owns property in AZ. Has an AZ. indentifcation that alows him to buy cash & carry guns in AZ. for his AZ. residence.

He decides the used revolver he bought isn't quite what he thought it was going to be.

He then offers to give it to his dad who is also a CA. resident (not on the CA DOJ list).

Can this be done? PPT @ an FFL.

Given both are CA residents, skip the PPT and use the intrafamilial transfer rules for father-son and the OPLAW form. Intrafamilial transfer also is exempt from the Roster.

AZ/CA dual resident might be chided for not registering as a personal handgun importer, but transferring to someone else is an alternative -- state wants the handgun registered somehow.