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robnbritt
04-10-2011, 3:22 PM
Short & sweet - Father is non ca resident. Ships 2 off roster pistols to Ca ffl. Transfer is fine and done. My question is does any one know for certain if the 1 every 30 applies to this scenario?

Tried to find answer in older posts but never a clear answer to this part

jtmkinsd
04-10-2011, 3:33 PM
Intrafamilial transfers from an out of state relative are not exempt from 1 in 30 rule.

robnbritt
04-10-2011, 3:37 PM
Can you provide a little more info to satisfy the ffl doing the transfer?

jtmkinsd
04-10-2011, 3:40 PM
Well...yes...and I have to clarify...the handgun transaction from out of state IS subject to the 1 in 30 rule.

jtmkinsd
04-10-2011, 3:41 PM
Out of state being the key...it is a dealer transfer that is roster exempt.

jtmkinsd
04-10-2011, 3:44 PM
The following are the only exemptions to the 1 in 30 rule for dealer sales:

(9) (A) No person shall make an application to purchase more than
one handgun within any 30-day period.
(B) Subparagraph (A) shall not apply to any of the following:
(i) Any law enforcement agency.
(ii) Any agency duly authorized to perform law enforcement duties.
(iii) Any state or local correctional facility.
(iv) Any private security company licensed to do business in
California.
(v) Any person who is properly identified as a full-time paid
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2, and who is authorized to, and does carry a
firearm during the course and scope of his or her employment as a
peace officer.
(vi) Any motion picture, television, or video production company
or entertainment or theatrical company whose production by its nature
involves the use of a firearm.
(vii) Any person who may, pursuant to Section 12078, claim an
exemption from the waiting period set forth in subdivision (c) of
this section.
(viii) Any transaction conducted through a licensed firearms
dealer pursuant to Section 12082.
(ix) Any person who is licensed as a collector pursuant to Chapter
44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto and who has a
current certificate of eligibility issued to him or her by the
Department of Justice pursuant to Section 12071.
(x) The exchange of a handgun where the dealer purchased that
firearm from the person seeking the exchange within the 30-day period
immediately preceding the date of exchange or replacement.
(xi) The replacement of a handgun when the person's handgun was
lost or stolen, and the person reported that firearm lost or stolen
prior to the completion of the application to purchase to any local
law enforcement agency of the city, county, or city and county in
which he or she resides.
(xii) The return of any handgun to its owner.
(xiii) Community colleges that are certified by the Commission on
Peace Officer Standards and Training to present the law enforcement
academy basic course or other commission-certified law enforcement
training.

robnbritt
04-10-2011, 3:57 PM
Thanks I was just hoping not to have to wait but it is better than not being able to get them at all. Thanks again

bsim
04-10-2011, 6:37 PM
The problem is page 35 of the HSC guide (http://ag.ca.gov/firearms/forms/pdf/hscsg.pdf).

It says intra-familial is exempt from the 1 in 30. I guess it's the out-of-state that overrides that.

bwiese
04-10-2011, 6:40 PM
The problem is page 35 of the HSC guide (http://ag.ca.gov/firearms/forms/pdf/hscsg.pdf).

It says intra-familial is exempt from the 1 in 30. I guess it's the out-of-state that overrides that.

Besides roster exemption, lineal intrafamily within CA between CA residents doesn't require use of FFL.

Once you cross state lines and FFL use is required (for the Feds), it appears the use of the FFL for other than PPT xfers makes it subject to 1 in 30.

rbetts
04-10-2011, 8:22 PM
30 day wait applies. If it's in state, no need for FFL even. Just fill out the form. Nice way to get a off roster Colt, I might add. . .

robnbritt
04-10-2011, 8:39 PM
30 day wait applies. If it's in state, no need for FFL even. Just fill out the form. Nice way to get a off roster Colt, I might add. . .
I fully agree :)

SparrowHanger
04-10-2011, 9:41 PM
The following are the only exemptions to the 1 in 30 rule for dealer sales:

The law you quoted concerns purchases. Is this a purchase or an interfamilial transfer?

Librarian
04-10-2011, 9:48 PM
The law you quoted concerns purchases. Is this a purchase or an interfamilial transfer?

If it runs through an FFL it's going to run into the DROS timer.

CA really wants those intrafamilial things to be entirely within CA, and thus no FFL and no DROS. But Feds demand the FFL for interstate, so CA FFLs do what CA demands FFLs do.

ke6guj
04-10-2011, 9:53 PM
The law you quoted concerns purchases. Is this a purchase or an interfamilial transfer?interesting question. Since the intrafamily transfer is often a gift, does 12072(a)(9)(A) apply if it isn't a "purchase"?

(9) (A) No person shall make an application to purchase more than
one handgun within any 30-day period.


in addition, couldn't it also fall under this exemption
(B) Subparagraph (A) shall not apply to any of the following:
(xii) The return of any handgun to its owner.
since "ownership" could have be passed on when the gift was made, but that the 4473 was done just to satisfy interstate transfer laws, not to pass on ownership.

rbetts
06-28-2011, 2:11 PM
Just spoke to the DOJ on this issue specifically. For Out of state inter-familial transfers where a previous or later handgun will also be or has already been transferred(kicking off a 30 day wait requirement), the FFL should use the Pawn/Consigment return Tab to complete the transfer. Then a 30 day wait flag is not thrown up. All other Inter-familial documentation needs to be in order.

These are a go for me from now on!!