Transfer from out of state grandparent?

[Hopi]

As I understand it, a transfer between grandparent and grandson is legal without having to go through DROS or NICS. Is it legal then to have an out of state grandparent give a rifle to me without me having to go through DROS?

Here are the relevant excerpts:

The dealer licensing and reporting requirements do not apply to the sale, lease, or transfer of any firearm in the following instances (Penal Code § 12078(u)):

Firearms obtained through intestate succession or by bequest, sales or transfers between “immediate family” members. Immediate family means parent and child, and grandparent and grandchild.

[Mssr. Eleganté]

Not legal.

The exeptions you quote are just to California's Dealer transfer requirements. You still have to deal with the Federal Dealer transfer requirements.

[Hopi]

Not legal.

The exeptions you quote are just to California's Dealer transfer requirements. You still have to deal with the Federal Dealer transfer requirements.

Can you point me to info that clearly states that? Where can i find text on the federal dealer tranfer requirements?

[Mssr. Eleganté]

Can you point me to info that clearly states that? Where can i find text on the federal dealer tranfer requirements?

Sure...

18 USC § 922. Unlawful acts

a) It shall be unlawful --

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes

and...

27 CFR § 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:

(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and

(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

[Hopi]

Thank you very much. :)

[KenpoProfessor]

27 CFR § 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:

(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and

(b) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes


OK, this is what is getting me. If my parent dies and bequests a gun to me, even though out of state, I'm still legally able to receive it, I think that's what I'm reading here.

Main Entry: 1in·tes·tate
Pronunciation: in-'tes-"tAt, -t&t
Function: adjective
Etymology: Middle English, from Latin intestatus, from in- + testatus testate
1 : having made no valid will <died intestate>
2 : not disposed of by will <an intestate estate>


When I first read this I thought it said intrastate

Main Entry: in·tra·state
Pronunciation: -'stAt
Function: adjective
: existing or occurring within a state


Any thoughts?


Have a great Kenpo day

Clyde

[Mssr. Eleganté]

If my parent dies and bequests a gun to me, even though out of state, I'm still legally able to receive it, I think that's what I'm reading here.

Yep. If they bequest it to you in their will or you acquire it from their estate without a will (intestate) then the gun is exempt from the Federal requirement to be transfered through an FFL.