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View Full Version : ? about Father to daughter interstate gift transfer


shellyzsweet
08-19-2011, 10:49 AM
Lucky me! My daddy has given me a Sig p229 in .357 sig for my 25th b-day and christmas present.

Unlucky me: -He lives in Arizona.

However next week he is coming to california and I am meeting him part way for my sisters wedding.

In order for me to apply to be able to carry it or have it on my CCW, my county states it must be registered to me.

Now, my understanding is, regardless that its a gift from father to daughter, because its an interstate transfer it still has to go through an FFL and i wait my 10 days. Right?

Well the drive is gonna be like 8 hours for me, so I'm not gonna wanna drive back 10-30 days later to get it, and it isn't cost effective with gas for me to do that.

So my understanding is that it has to go from his FFL in AZ, to my FFL in CA and once there it starts the 10 day wait and registration.

But we called the CA DOJ and spoke to 2 different people who say I can fill out a simply form, pay 19 dollars and be done with it and not have a 10 day wait. Which is also what the guy at my FFL and his FFL said.

My dad also said something like he could give it to me and then I could take posession and then take it to my FFL and complete the registration at my FFL with a 10 day wait.

So....really, what is it??

CaliB&R
08-19-2011, 11:09 AM
As I understand it, he (or his FFL) has to ship it to your FFL. You would have the 10-day wait and have to pay whatever your FFL wants to charge to receive it + DROS. But the good thing is, if its off roster, then you qualify for the intra-familial transfer exemption to the roster.

The DOJ phone clerk, and FFLs told you a bit of wrong information. Could you do? Yes. Is it 100% legal? No.

Librarian
08-19-2011, 11:46 AM
CaliB&R has it right.

Because it's interstate, Feds require that it go through an FFL; CA-DOJ seems never to remember that.

See also the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

shellyzsweet
08-19-2011, 11:49 AM
CaliB&R has it right.

Because it's interstate, Feds require that it go through an FFL; CA-DOJ seems never to remember that.

See also the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate

yeah, I thought they were all wrong!
Can I take posession of it and bring it to my FFL since I have permission from my father, and then transfer it into my name provided I have some kind of documentation stating it was a gift from him?
Or do i have to ship it and such?

dantodd
08-19-2011, 12:09 PM
CA DoJ has no requirement for an FFL to do an interstate intrafamilial transfer. That is a federal requirement. DOJ will only answer questions about CA law, not about Fed law. Heck, they don't even get CA law right most of the time. To the best of my knowledge there is no legal requirement to ship from an FFL check with your local FFL to see if they'll accept shipment directly from your dad.

GaryV
08-19-2011, 1:09 PM
yeah, I thought they were all wrong!
Can I take posession of it and bring it to my FFL since I have permission from my father, and then transfer it into my name provided I have some kind of documentation stating it was a gift from him?
Or do i have to ship it and such?

No, you taking possession would constitute a transfer under federal law (and in this case, an illegal transfer). Legally the transfer is not the paperwork, but the possession. If he can't take it to your FFL, have him ship it directly to them.

pgg
08-19-2011, 2:13 PM
The DOJ phone clerk, and FFLs told you a bit of wrong information. Could you do? Yes. Is it 100% legal? No.

Yeah, never believe anything the CA DOJ tells you.

They've advised me to violate federal law on more than one occasion, and gave me blatantly wrong information regarding my MAWP, which is their own absurd creation in the first place.

They are not to be trusted or relied upon for accurate information.

shellyzsweet
08-19-2011, 3:18 PM
No, you taking possession would constitute a transfer under federal law (and in this case, an illegal transfer). Legally the transfer is not the paperwork, but the possession. If he can't take it to your FFL, have him ship it directly to them.

Hmmmmm I'll ask my ffl if he can ship directly to them

Sent from my SCH-I500 using Tapatalk

j-rod
08-19-2011, 3:58 PM
Wasn't there something about out of state FFL having to submit paperwork to the CA DOJ or register with them? Which turns away a lot of cross state transfers because the shop outside of CA doesn't want to deal with the CA hassle?

paul0660
08-19-2011, 4:14 PM
But we called the CA DOJ and spoke to 2 different people who say I can fill out a simply form, pay 19 dollars and be done with it and not have a 10 day wait. Which is also what the guy at my FFL and his FFL said.

I am really tired of DOJ screwing this stuff up. What I would do, IF my face were not plastered on the internet already, is get the DOJ person's email addy, get their opinion in black and white, and do what they say.

SDJim
08-19-2011, 4:55 PM
Ignore the man behind the curtain . . . I stand corrected.

Librarian
08-19-2011, 5:26 PM
A guy at work just went through this with three pistols (all non-roster).

Go to the DOJ site and read the rules for inter-familial transfer yourself . . . As it was explained to me, and this is the key point. You must obtain direct physical custody from your father, otherwise it's considered just like a sale and all other CADOJ/FFL rules apply.

You can fill out and submit this form http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf, with $19 and the state of CA will send you a letter acknowledging the transfer.

Please call Don Gussler @ 619 258-2543 and he can explain what and how to do this in plain English.

This only works if both parties to the transaction within the family live in California.

The OP said Unlucky me: -He lives in Arizona.

Federal law requires that interstate transfers use an FFL in the state of residence of the receiving person.

Again, see the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/index.php/Transferring_firearms_Interstate