Q on Interstate non roster handgun gift from dad

[feynslowblade]

My father lives in another state, I live in California.

If he were to purchase a pistol in another state which is NOT on the CA safe roster and gift it to me, would this be a valid transaction under current law? Please point to the legal sections which apply. This seems like too much of an open door to exist. Thanks.

feyn

[McMadCow]

I'm pretty sure you're SOL. Even private-party transfers from out of state have to be on the "safe" list. But one of the other guys here can cite the actual law. I'm just chiming in because I've had to deal with your exact situation. Also, you obviously can't import a standard-cap magazine.

[jnojr]

My father lives in another state, I live in California.

If he were to purchase a pistol in another state which is NOT on the CA safe roster and gift it to me, would this be a valid transaction under current law?

In a word, yes. Transfers between "immediate family members" are exempt from the "safe" list and the ten day wait! Your father has to ship the gun to an FFL, where you can pick it up. Or, he can bring it here and hand it to you. There's a DOJ form you have to fill out and send in with $19, and that's it.

[anotherone]

The only way to lawfully obtain off-list handguns is to purchase one from someone who recently moved to California in a private party transfer. I'm still trying to convince my brother to bring some goodies with him when he moves back into the state.

[jnojr]

A gift fron an "immediate family member" does not have to be DROSed. It does have to be reported to DOJ within a certain timeframe.

The easiest way to handle the transfer is in person... Dad comes to CA and hands you the gun, or you go to where he is and get it. It may be that just because an FFL sees or touches the gun that they must put it on their books and do all that nonsense. It may also be that the law allows for them to hand it to you on-the-spot since it is exempt from DROS. I don't know, and haven't worried about it because I don't have any "immediate family members" out of the state. I have received one handgun from my mom, and it went the way I said... she handed it to me, and I sent a form and $19 to DOJ.

[joe_sun]

Ken Lundes father, who lives out of State, has given him quite a few pistols that aren't on the list. I know the P229ST and he got a couple or few P7's before they were on the list and IIRC there was another one recently.

So yeah I'd say you can do it.

[rips31]

i'd love to hear ken's input. if so, i'm thinking i'm getting all sorts of new toys soon.

[gose]

Occasional gifts from immediate family members out of state are ok and don't have to be on the list, so I'd guess that one or two/year is ok while 15 is not.

[lunde]

Hunter, you wrote:So this makes it legal because "he" does it?:confused:Gack! Indeed, the ideal (and only) method of handling gifts from "immediate family members" is to have the IMF ship the pistol, along with a gift letter, to your in-state dealer, who then DROSes the pistol as usual, stating two exemptions (exempt from being on the Certified Roster, and exempt from the "one handgun per thirty days" limit), and in the comments section of the DROS form states that it is a "Gift from XXXXX" (state relationship of person giving the gift, such as Mother or Father).

[Hunter]

Gack! Indeed, the ideal (and only) method of handling gifts from "immediate family members" is to have the IMF ship the pistol, along with a gift letter, to your in-state dealer, who then DROSes the pistol as usual, stating two exemptions (exempt from being on the Certified Roster, and exempt from the "one handgun per thirty days" limit), and in the comments section of the DROS form states that it is a "Gift from XXXXX" (state relationship of person giving the gift, such as Mother or Father).

Lunde,
Thanks for the clarification on your methods, but how does your FFL dealer handle those handguns that are not on the approved list? Doesn't the DROS come back denied for those transfers? At least that is what I have seen and the FFL refuses the transfer, regardless of letters or not.

Or is it those magic words in the comment box that allows the DROS to come back positive?

Are there any current CA FFL dealers here that care to comment on this approach?

[lunde]

Hunter, you wrote:Thanks for the clarification on your methods, but how does your FFL dealer handle those handguns that are not on the approved list? Doesn't the DROS come back denied for those transfers? At least that is what I have seen and the FFL refuses the transfer, regardless of letters or not.

Or is it those magic words in the comment box that allows the DROS to come back positive?If the person at the California DOJ who handles your DROS is not familiar with this policy, it may come back denied at first, but as soon as a field representative is contacted, it is straightened out. Put simply, gifts from IFMs are exempt from being on the Certified Roster, and it is being DROSed simply to follow Federal law, which mandates that it go through a licensed dealer. In addition to a DROS form, an ATF 4473 is slaos filled out. It is very important to state the "gift" nature of the DROS in the comments box. I cannot stress this enough. And, the dealer should keep a copy of the gift letter, to keep with the paperwork.

[anotherone]

Can my brother in another state (who is an immediate family member) give me an off-list handgun as a christmas gift?

[Hunter]

Can my brother in another state (who is an immediate family member) give me an off-list handgun as a christmas gift?

Only parent to child or grandparent to grandchild (or the reverse) transfers are acceptable. Transfer between siblings are not.

[rgs1975]

Are there any regulations or guidelines for what the "gift letter" must or should contain?

[lunde]

The gift letter should clear state from whom and to whom, along with details about the gift, such as make, model, and serial number. There are no regulations per se, but if common sense prevails, as it should, the above should cover it.

[rgs1975]

Thank you very much. Are there restrictions for how many and how often the parent can gift?

[Soundman]

Would this also apply to hi cap mags?

[rksimple]

Would this also apply to hi cap mags?

No.

[jamesob]

there are no restrictions between father and son. its legal and it doesnt matter if its not on the list. call doj and they will tell you that.