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View Full Version : Interstate, intrafamily transfer of off-roster handgun


pgg
06-18-2010, 3:30 PM
I'm a Virginia resident, active duty, with PCS orders to a base in California.

My father lives in Arizona. He wants to buy and give me a Ruger LCP.

What hoops must he/I jump through? Is it as simple as
1) he goes to a dealer in AZ, picks one out, and pays for it
2) AZ dealer ships it to CA FFL
3) I go to CA FFL and pick it up (after waiting period)

Is there a way this must be flagged as a father-son gift? Any tips for how I should educate a dubious CA FFL that I can legally obtain an off-roster gun in this manner? Thank you.

Librarian
06-18-2010, 4:22 PM
The newly updated Calguns Foundation Wiki has that information, right here: http://wiki.calgunsfoundation.org/index.php/The_Safe_Handgun_List#A_Brief_.22How_To_Do_It.22_I nterstate.2C_Intrafamily

pgg
06-18-2010, 4:52 PM
That's awesome information. Thanks. :)

Unfortunately so far I'm 0 for 2 in calling FFLs. They don't believe me when I say it's legal. :(

halifax
06-18-2010, 4:56 PM
Post your location. Maybe a Calgunner can put you in touch with a savvy dealer.

pgg
06-18-2010, 5:43 PM
Post your location. Maybe a Calgunner can put you in touch with a savvy dealer.

Hanford CA.

So far The Range in Fresno is the only place that's even willing to admit such a thing MAY be possible, but said they'd have to call DOJ next week to find out. (Which gives me little confidence since my own telephone conversations with DOJ have not always been enlightening, accurate, or even internally consistent.) I did fax them the info in the Wiki though.

creekside
06-18-2010, 5:46 PM
>> Which gives me little confidence since my own telephone conversations with DOJ have not always been enlightening, accurate, or even internally consistent.

E-mail or write. Don't bother calling. IMAO.

halifax
06-18-2010, 5:48 PM
Hanford CA.

So far The Range in Fresno is the only place that's even willing to admit such a thing MAY be possible, but said they'd have to call DOJ next week to find out. (Which gives me little confidence since my own telephone conversations with DOJ have not always been enlightening, accurate, or even internally consistent.) I did fax them the info in the Wiki though.

It was a BOF agent that walked me through the first one of these I did. With luck, your dealer will get a good agent.

hoffmang
06-18-2010, 9:15 PM
Hanford CA.


PRK Arms (http://www.prkarms.org/) in Fresno will certainly do the transfer.

-Gene

pooberto
10-12-2010, 11:40 PM
How about a shop for FFL in San Diego? Im trying to get one from kentucky! Thanks guys!

Tried Turners ans SoCal Guns with no luck.

jtmkinsd
10-12-2010, 11:44 PM
How about a shop for FFL in San Diego? Im trying to get one from kentucky! Thanks guys!

Tried Turners ans SoCal Guns with no luck.

Try Gussler's in Santee

dantodd
10-12-2010, 11:46 PM
I wonder if an attack on the roster can be made by proving that X% of registered FFLs in CA are not aware of this specific (or pick one or two others as well) exemption.

It would also be interesting to document (with lawyers on the line) that even X% DOJ phone personnel can't follow the convoluted laws.

jtmkinsd
10-12-2010, 11:52 PM
I wonder if an attack on the roster can be made by proving that X% of registered FFLs in CA are not aware of this specific (or pick one or two others as well) exemption.

It would also be interesting to document (with lawyers on the line) that even X% DOJ phone personnel can't follow the convoluted laws.

As they say..."ignorance of the law is no excuse"...apparently that applies to writing and passing them as well.

7222 Hawker
10-13-2010, 12:00 AM
Follow Gene. Sure fire way to stay out of trouble.

StuckInCA
10-13-2010, 1:01 AM
nothing to see here

dantodd
10-13-2010, 1:09 AM
As they say..."ignorance of the law is no excuse"...apparently that applies to writing and passing them as well.

It is a little different in this case as the FFLs are acting as agents of the state and if the state doesn't know how to follow their own laws there is something fundamentally wrong with the laws. If the FFLs were acting as private businesses in these circumstances it would be different.

CaliforniaLiberal
10-13-2010, 6:58 AM
Here's a similar but different situation. I'd like to confirm my correct understanding of the legal way to proceed.

I have a child in the Army stationed in Georgia. He retains CA residency. He buys a nice off roster (but not otherwise prohibited) handgun (maybe it's a Colt Python!) in Georgia using his Army permanent duty station orders as proof of residence in Georgia. He flies home for Christmas, either packing his handgun in checked baggage and declaring it or shipping it to himself FedEx or UPS. Once home in CA he gives it to me (his dad) Christmas morning and we fill out the Report of Operation of Law or Intra-Familial Handgun Transaction and send it in with $19. He confirms that I'm not a prohibited person and have a current HSC.

We remain non-felons, proud to uphold the intricate and amazing California body of firearms law.

Is this right? Anything I'm missing?


Additionally, if my boy were to give me the gift without coming home he would have to find an agreeable, informed CA FFL (rare as unicorns?) to ship it to (UPS or FedEx) with a gift letter, who would hold it for ten days, and charge a fee before surrendering it to me (his dad), whereupon I would submit the Report of Operation of Law or Intra-Familial Handgun Transaction once again upholding California gun law.

Is this right? Anything missing?


Thanks to all of you patient gun law mavens willing to answer endlessly repeated questions.

Librarian
10-13-2010, 7:52 AM
Since he's a CA resident, the first scenario should be fine.

In the second, since the handgun is going through an FFL and therefore DROS, you don't need to file any additional forms.