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Arondos
01-20-2011, 8:01 PM
If my parents are coming to CA to visit for my birthday in March.

The old man's buys me an off roster pistol as a birthday present. If both he (an Ohio resident) and the pistol are present in CA what hoops do I need to jump through to get it to be mine?

1. Am I correct on this?
From what I can figure out. Have to go to an FFL and fill out the family xfr. 10 days in jail and it is mine?

2. What can the FFL charge for the xfr?

3. I am about half pissed off that the laws are so convoluted I have to ask to figure out what I can or can't do.

dantodd
01-20-2011, 8:03 PM
1) yes (but it might be hard to find an FFL who knows they can do it.)

2) anything he likes

3) you aren't the only one.

Mssr. Eleganté
01-20-2011, 9:00 PM
Not very many California dealers know how to do an intrafamilial interstate off-Roster transfer. There is a thread around here somewhere that has a list of dealers who are familiar with the process. There is most likely one near enough to you that it won't be too much of a drive.

It is more common for dealers to tell you just to skip the FFL transfer and send in the intrafamilial transfer form to CalDOJ. But this is a violation of Federal law.

Don29palms
01-20-2011, 9:46 PM
I didn't think you could transfer an off roster handgun into Kalifornia? I must be wrong.

dantodd
01-20-2011, 9:56 PM
I didn't think you could transfer an off roster handgun into Kalifornia? I must be wrong.

intra-family transfers are roster exempt.

Don29palms
01-20-2011, 10:00 PM
intra-family transfers are roster exempt.

Does that apply between brothers? Or son to Father?

obeygiant
01-20-2011, 10:04 PM
Does that apply between brothers? Or son to Father?

Simply put, you can go up and down the family tree but not side to side. Parent to child, grandparent to child or grandchild but not sibling to sibling or uncle/aunt to nephew/niece.

See CGF Wiki Here (http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members)

dantodd
01-20-2011, 10:09 PM
I am also not sure if intra-familial transfers are exempt from the prohibition on transporting firearms across state lines for the purpose of transferring them. Your parents might want to ship the gun from your their home state rather than carry it with them.

Don29palms
01-20-2011, 10:12 PM
My son has an XDm he wants to give me but I told him I can't have it in Kalifornia.

ke6guj
01-20-2011, 10:21 PM
I am also not sure if intra-familial transfers are exempt from the prohibition on transporting firearms across state lines for the purpose of transferring them. Your parents might want to ship the gun from your their home state rather than carry it with them.the prohibition is against importation for SALE, not transfers in general. So, pops may not be able to sell it to you, but can give it to you.



12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

Don29palms
01-20-2011, 10:39 PM
the prohibition is against importation for SALE, not transfers in general. So, pops may not be able to sell it to you, but can give it to you.

12125. (a) Commencing January 1, 2001, any person in this state who manufactures or causes to be manufactured, imports into the state for sale, keeps for sale, offers or exposes for sale, gives, or lends any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.


But it also says gives?

Ron-Solo
01-20-2011, 10:59 PM
But it also says gives?

There are some exceptions to that.

Ike Arumba
01-20-2011, 11:00 PM
My son has an XDm he wants to give me but I told him I can't have it in Kalifornia.

Isn't the problem with the XDm that it doesn't have any 10-round mags? Other than that, intrafamilial transfer would be fine.

dantodd
01-20-2011, 11:02 PM
Isn't the problem with the XDm that it doesn't have any 10-round mags? Other than that, intrafamilial transfer would be fine.

Magazines can be altered to comply with CA law.

wildhawker
01-20-2011, 11:41 PM
Go to Tracy Rifle and Pistol, a knowledgeable CGF/CGN-friendly dealer not far from Modesto, and drool over the evil toys while you wait for you the guys to finish up the transfer paperwork.

-Brandon

If my parents are coming to CA to visit for my birthday in March.

The old man's buys me an off roster pistol as a birthday present. If both he (an Ohio resident) and the pistol are present in CA what hoops do I need to jump through to get it to be mine?

1. Am I correct on this?
From what I can figure out. Have to go to an FFL and fill out the family xfr. 10 days in jail and it is mine?

2. What can the FFL charge for the xfr?

3. I am about half pissed off that the laws are so convoluted I have to ask to figure out what I can or can't do.

vico512
01-21-2011, 7:41 AM
Isn't the problem with the XDm that it doesn't have any 10-round mags? Other than that, intrafamilial transfer would be fine.

That's correct. Interfamily transfers are exempt from the roster, provided other regulations are met. I'm in the process of transferring an XDm-45 to my son, in LA. I purchased it locally with 10-rd mags.

The comments alluding to many (most) CA FFLs being clueless is accurate -- I was amazed at how many LA-area dealers gave my son incorrect (and sometimes illegal) information during his FFL search. I had to come here to find an informed FFL (Thanks, CalGuns.).

I can recommend Straightline Tactical in Anaheim as one that us skookum on the regs.

bjl333
01-21-2011, 8:03 AM
OK !! So where are the SoCal FFLs that'll do the intrafamily transfers?

meaty-btz
01-21-2011, 8:59 AM
for an intrafamilial transfer can the Parent avoid bloated FFL fees by bringing the pistol into state and making it a PPT?

Just mulling.

rips31
01-21-2011, 10:02 AM
nope. ppt is a bit misleading as it actually means kalifornia resident to kalifornia resident transfer.

tabrisnet
01-21-2011, 12:21 PM
Can they avoid [some] fees by coming here and doing it as a full FFL intra-family, but not shipping it through an Ohio FFL first?

vico512
01-21-2011, 1:18 PM
An FFL is not required on the originating end...the only FFL required is in California, where the DROS occurs.

raycm2
01-21-2011, 4:38 PM
An FFL is not required on the originating end...the only FFL required is in California, where the DROS occurs.
Depends on the law in the originating state. Federal law says that an interstate transfer must be done through an FFL somewhere but the transfer must comply with the laws of both states. Hence the Kalifornia FFL requirement from anywhere.

Cokebottle
01-21-2011, 4:41 PM
I am also not sure if intra-familial transfers are exempt from the prohibition on transporting firearms across state lines for the purpose of transferring them. Your parents might want to ship the gun from your their home state rather than carry it with them.
It's legal as long as the transfer goes through an FFL.

This would not be handled as a PPT, it would be a normal FFL transfer, so the $35 limit would not apply.

Cokebottle
01-21-2011, 4:49 PM
But it also says gives?
Broken down:
12125. (a) Commencing January 1, 2001, any person in this state who imports into the state for sale any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.

12125. (a) Commencing January 1, 2001, any person in this state who gives any unsafe handgun shall be punished by imprisonment in a county jail not exceeding one year.


Intrafamilial transfers are specifically exempted. That covers "give"

"Give" does not include the clause "imports into the state," so importation is only illegal if the intent is to sell (take note Calgunners building "wish lists" or suggest financing moving expenses selling off-roster guns PPT every time someone says they're moving to CA).

Cokebottle
01-21-2011, 4:51 PM
OK !! So where are the SoCal FFLs that'll do the intrafamily transfers?
Pretty sure Riflegear will do them.

Cokebottle
01-21-2011, 4:52 PM
An FFL is not required on the originating end...the only FFL required is in California, where the DROS occurs.
Unless Ohio prohibits private parties from shipping guns out of state.

SOME California FFLs won't accept guns shipped from private parties either... but these would typically be your FUD factories and would not do the off-roster intrafamilial transfer anyways.

CaliforniaLiberal
01-21-2011, 5:08 PM
Just to clear up my confusion...

Is it correct that if both Father and Son are residents of California then no FFL is required for a gift? Just hand it over, send in the CA Report of Operation of Law or Intra-Familial Handgun Transaction and $19 and you're good.

Am I correct?

Librarian
01-21-2011, 5:38 PM
Just to clear up my confusion...

Is it correct that if both Father and Son are residents of California then no FFL is required for a gift? Just hand it over, send in the CA Report of Operation of Law or Intra-Familial Handgun Transaction and $19 and you're good.

Am I correct?

Yes, that's it. Receiver of the handgun also must have the HSC, but there's no record of that on the form.