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View Full Version : Private Party Transfer: 2 Kali residents together only?


marklbucla
04-09-2006, 4:45 PM
For a private party transfer of a long arm, does it have to be two Kalifornia residents going into the gunshop together, or can it be a resident and a non resident together?

Reason I'm asking is for the pricing of the transfer.

rkt88edmo
04-09-2006, 4:56 PM
You only get the lower PPT fee if you are both residents, otherwise it is the same as if they shipped it in from out of state, even if they are present.

grammaton76
04-09-2006, 6:54 PM
Similar question - I'm pretty sure this is legal, but I'd like some clarification.

My father's active duty Army, and his permanent residence is California, and he still carries a CA driver's license. Obviously, he can acquire handguns which aren't on the safe list. My mother, not in the Army but happily married to and living with my father, is also a permanent California resident with a CDL.

I believe this means that both of my parents can PPT handguns to me which are purchased out of state, whenever they are in-state to visit. Am I, by any chance, wrong here? Or would the active duty thing perhaps mean that my father can, but my mother can't?

marklbucla
04-09-2006, 6:55 PM
How can he get unsafe handguns without a different DL?

grammaton76
04-09-2006, 7:19 PM
How can he get unsafe handguns without a different DL?

He's active duty Army. So, he can purchase guns in the state he's stationed in with current orders. This would include 'unsafe' handguns. DL is a requirement for civilians, however active duty military can more or less purchase whatever is in accordance with the laws of the state they're in at the time...

marklbucla
04-09-2006, 7:22 PM
Dude, and I thought I had a pretty sweet deal, being temporarily in free America!

I don't know for sure, but I'd think that your dad could probably pick up a bunch of goodies and PPT them to you. I hope you took advantage of this during the lower craze.

tenpercentfirearms
04-09-2006, 8:52 PM
He would probably have to bring them in and register them and send the CA DOJ their $19 first. You probably want to double check and be sure what it requires for him to import handguns.

As far as PPT goes, both have to be residents of the state.

grammaton76
04-10-2006, 12:10 AM
He would probably have to bring them in and register them and send the CA DOJ their $19 first. You probably want to double check and be sure what it requires for him to import handguns.

As far as PPT goes, both have to be residents of the state.

Interesting - yeah, I think I'll have to hassle the DOJ a little on that point. I've asked them C&R questions a time or two, and they've been fair in their answers...

Mayhem
04-10-2006, 8:46 AM
How can he get unsafe handguns without a different DL?

He doesn't need a Drivers License. all he needs is his military I.D. and Military I.D.s do not show your home state of record.

As far as I know, in most states, the ability to legally drive is a privilege not a right. Not every one can get or keep a driver's license. People who have impaired vision, to many traffic violations such as speeding, to many accidents, or a medical condition such as epilepsy can be denied a driver's license or have one revoked.

So in most state to purchase a gun you need one of the fallowing.

Drivers License, State I.D. , or a Military I.D.

artherd
04-10-2006, 10:21 PM
He would probably have to bring them in and register them and send the CA DOJ their $19 first. You probably want to double check and be sure what it requires for him to import handguns.

As far as PPT goes, both have to be residents of the state.
I don't know about that, but I would be sure to 'register' your gifted handguns, as gifts. Any furthur questions? FU- talk to my attorney.

grammaton76
04-13-2006, 5:20 PM
He would probably have to bring them in and register them and send the CA DOJ their $19 first. You probably want to double check and be sure what it requires for him to import handguns.

As far as PPT goes, both have to be residents of the state.

I just got word back from the DOJ. There's no residency requirement for parent-child transfers, or parent-grandchild transfers, of firearms at all.

For long guns, you just hand it over.

For handguns, you must file an "Operation of Law" form. Apparently, a non-resident parent doesn't have to go through the "personal handgun importer" hoops.

So, what this comes down to is... if you guys have parents or grandparents in free states, tell them you'd like them to not send you Christmas or Birthday presents any more, just put the money into a "not-drop-tested-handgun" fund. :) My path to a Mateba revolver is now clear.

The relevant bit of the mail (minus the warning that you can't import AW's this way, which is taken as a given) is below:

California Penal Code(PC) section 12078 provides an exemption from going to a California licensed firearms dealer for transfers of firearms between parent & child and grandparent & grandchild. The person taking possession of a handgun is required to report that transfer to the Department of Justice via the "Operation of Law" form, which does ask for the CA Driver's License or ID card number of the applicant. No ID or residency is required of the person giving the firearm. Private party transfers are exempt from California's Ceritfiied Roster of Handguns to be sold in California, pursuant to PC 12132.

If the firearm is shipped into California it must be received by a Licensed Firearms Dealer to be delivered to the person gaining possession.

marklbucla
04-13-2006, 8:33 PM
Apparently, a non-resident parent doesn't have to go through the "personal handgun importer" hoops.

That's very interesting! :D

*looks up STI and Kel-Tec websites* ;)

rips31
04-14-2006, 3:32 PM
The relevant bit of the mail (minus the warning that you can't import AW's this way, which is taken as a given) is below:
guess i still can't get my usp tactical. :rolleyes:

Mssr. Eleganté
04-15-2006, 12:03 AM
I just got word back from the DOJ. There's no residency requirement for parent-child transfers, or parent-grandchild transfers, of firearms at all.

For long guns, you just hand it over.

For handguns, you must file an "Operation of Law" form. Apparently, a non-resident parent doesn't have to go through the "personal handgun importer" hoops.

It is still against federal law for two unlicensed residents of different states to transfer a firearm, unless they go through an FFL Dealer. Parent/Child firearms transfers are exempt from the DROS process in California, but they are not exempt from the 1968 Gun Control Act.

grammaton76
04-15-2006, 2:09 AM
It is still against federal law for two unlicensed residents of different states to transfer a firearm, unless they go through an FFL Dealer. Parent/Child firearms transfers are exempt from the DROS process in California, but they are not exempt from the 1968 Gun Control Act.

Ah, very interesting.

In my case, I'm still ok due to the fact my dad's still in the Army and his state of residence (and continued address of record) is California... hence he's still got CA resident status.

But I guess that does shut it down for everyone without military parents or children... :(