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kenworth1114
02-13-2012, 6:23 AM
My adult children are legally able to own a gun,as their father can I give them some of my guns without going thru the FFL DROS?

taperxz
02-13-2012, 6:55 AM
Yes

echo6cavedog
02-13-2012, 7:18 AM
My adult children are legally able to own a gun,as their father can I give them some of my guns without going thru the FFL DROS?

Long guns, YES. Handguns, NO.

Here's the link to the CGF wiki regarding Intrafamilial Transfer.

http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members (http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members)

paul0660
02-13-2012, 7:20 AM
You can hand them long guns. For hand guns, they need to file a form, pay a fee, and have a HSC. FFL not needed other than getting the HSC.

taperxz
02-13-2012, 7:26 AM
Long guns, YES. Handguns, NO.

Here's the link to the CGF wiki regarding Intrafamilial Transfer.

http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members (http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members)

Maybe you should delete this post^^^ for thread accuracy.

Big Ben
02-13-2012, 7:30 AM
You can hand them long guns. For hand guns, they need to file a form, pay a fee, and have a HSC. FFL not needed other than getting the HSC.

This is exactly correct. You don't need to use an FFL at all if they already have an HSC, you can simply hand-deliver both long guns and hand guns. If you are giving them hand guns, you also need to download and complete BOF Form 4544A and mail it in with the $19 (if memory serves) fee.

paul0660
02-13-2012, 7:34 AM
you can simply hand-deliver both long guns and hand guns.

You can ship them as well, if you can get the counterperson to go along.

fiddletown
02-13-2012, 7:34 AM
Note that you may by-pass the federal 4473 only if both you and your children are residents of the same State.

If, for example, you are a California resident, you may give any gun legal to own/transfer in California (i. e., not including a registered, restricted semi-auto rifle, RAW) to an adult child also a resident of California, and who is not otherwise prohibited from possession a firearm, without going through an FFL. In the case of a handgun, the transferee child must have an HSC card and must file a form with the DOJ.

BUT if you and your adult child are residents of different States, federal law requires the transfer to go through an FFL with all usual formalities (e. g., 4473, background check, etc.).

joemama
02-13-2012, 8:58 AM
If they are out of state does that mean they would have to ship it through an ffl in their state to an ffl here? Or could they bring it to California and do a ppt here even though they aren't a California resident?

fiddletown
02-13-2012, 9:12 AM
If they are out of state does that mean they would have to ship it through an ffl in their state to an ffl here? Or could they bring it to California and do a ppt here even though they aren't a California resident?Here's pretty much the whole story on interstate transfers (not including the rules for those with Curio and Relic licenses or the subject of dual residency):

[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

Here's what the statutes say:18 U.S.C. 922. Unlawful acts

(a) It shall be unlawful—
...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

...

(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;

....

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph

(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

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

...