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JeffM
08-18-2010, 10:10 AM
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kemasa
08-18-2010, 11:20 AM
I do not think the above section is the proper section since it mentions that it can not be a handgun.

The gift would be from the father, not the gun shop, so it would be ok in my opinion. The firearm has to be shipped, but you don't consider that. The FFL is doing the same.

It might be better if the father filled out all the paperwork in order to claim ownership and then ship it, but I don't think that it is really required.

jtmkinsd
08-18-2010, 11:22 AM
Yes he can...just make sure he includes the letter gifting the the specific gun (make, model, serial number) and a legible copy of his state ID/License

AND...if it comes with high capacity magazines he'll have to keep them...or disassemble them and send them as "parts kits"

kemasa
08-18-2010, 11:27 AM
Intrafamial transfers do not need to be done through a FFL, except by Federal law when it is coming from a person outside of CA. There is a thread on how to do this and I have talked to the CA DOJ about the issue of a gift firearm coming from out of state.

The only issue in this case is whether the father has to take ownership of the firearm first.

jtmkinsd
08-18-2010, 11:55 AM
I don't know if he'd have any luck finding an FFL willing to ship a non roster handgun to an individual in the state. Irregardless of family.

jtmkinsd
08-18-2010, 12:06 PM
So I guess my question is this: Does payment without transfer of possession = ownership of the item for the purpose of giving it as a gift?

Sorry bout the confusion...what you are proposing is fine

I think what you're looking to do can be accomplished the following way.

Your father pays for a non-roster handgun at or from a retailer and tells them he wants it shipped to you as a gift. It's been my experience that retailers will ONLY ship to FFL's so you will need to provide a local one to the retailer to ship to. The gun gets shipped to your FFL. In the meantime your father can fax, email, or mail the letter gifting the gun to you to the FFL you are using.

He does not need to take "possession" of the gun...he can pay for it online or over the phone even and have it sent to your FFL

jtmkinsd
08-18-2010, 1:28 PM
That's exactly what I'm asking. I may have not been clear enough. My question is can the IN-STATE (CA) FFL process the transfer (4473, DROS, 10 day wait etc) as Roster-exempt. I know it's usually done if the parent/grandparent ships the gun himself to the CA FFL. But can the same be done if the handgun is shipped from another FFL without the parent/grandparent taking possession first?

Yes