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View Full Version : Wife NM resident but works in CA - gun transfer rules?


SARC_Mike
02-23-2012, 4:19 PM
Ok, so here is my question. I promised I have searched high and low. My wife is a new mexico resident. She is legally allowed to remain a NM resident even though she lives here in CA (federal employee). We often travel to NM to see her parents. 2 part question:
Can she buy a gun in NM (no wait period) then "give" it to me?
Can my father in law give me any of his handguns?

I would appreciate references to quote. Thanks!

Librarian
02-23-2012, 4:50 PM
If your wife is a NM resident, and only NM actually knows about that, then in New Mexico she can do what any New Mexico citizen can do.

If YOU are a CA resident, she can give you a handgun as a gift, but it must go through a CA FFL, because that would be in interstate transfer, NM-resident to CA-resident. That transfer would be intrafamilial** and exempt from the Roster.

Father-in-law also lives in NM, yes? Presuming so ...

Your father-in-law is NOT intrafamilial for CA, so he could give you guns as gifts, through a CA-FFL, but handguns would need to be on the Roster.

But the NM father-in-law, in NM, would follow NM's rules for transfer to his daughter; both NM residents, no Federal involvement.

See also the Calguns Foundation Wiki articles on

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

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

(** well, it uses the same form and is legal, but it's actually a different process.)

cruising7388
02-23-2012, 8:12 PM
If your wife is a NM resident, and only NM actually knows about that, then in New Mexico she can do what any New Mexico citizen can do.

If YOU are a CA resident, she can give you a handgun as a gift, but it must go through a CA FFL, because that would be in interstate transfer, NM-resident to CA-resident. That transfer would be intrafamilial** and exempt from the Roster.

Father-in-law also lives in NM, yes? Presuming so ...

Your father-in-law is NOT intrafamilial for CA, so he could give you guns as gifts, through a CA-FFL, but handguns would need to be on the Roster.

But the NM father-in-law, in NM, would follow NM's rules for transfer to his daughter; both NM residents, no Federal involvement.

See also the Calguns Foundation Wiki articles on

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

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

(** well, it uses the same form and is legal, but it's actually a different process.)

Understood that a transfer to the OP would not require CA DOJ involvement but would require an FFL transfer. But since she is a NM out-of-state resident, is there any time limit period for her physical possesion of the firearm in CA if the mag capcity is consistent with CA regs? If not, if they are occupying the same household, why even bother effecting a transfer of ownership?

SARC_Mike
02-23-2012, 8:14 PM
Ok so just to make sure I am understanding wife and I are in New Mexico, and we decide that she needs to buy an LCP (first non roster gun I can think of) she can give it to me but I have to ffl it. Does that mean 10 day wait period?
Also I see what you are saying about father in law...so that idea is out.

SARC_Mike
02-23-2012, 8:17 PM
The reason I would bother with a transfer is for ccw use. Otherwise I wouldn't. But I want to make sure that if I add a gun to my card that it is legal for me.

Librarian
02-23-2012, 8:37 PM
Understood that a transfer to the OP would not require CA DOJ involvement but would require an FFL transfer. But since she is a NM out-of-state resident, is there any time limit period for her physical possesion of the firearm in CA if the mag capcity is consistent with CA regs? If not, if they are occupying the same household, why even bother effecting a transfer of ownership?

Nope, no time limit - buying gifts for spousal-units knows no boundaries (except interstate transfer of firearms...)

Librarian
02-23-2012, 8:39 PM
Ok so just to make sure I am understanding wife and I are in New Mexico, and we decide that she needs to buy an LCP (first non roster gun I can think of) she can give it to me but I have to ffl it. Does that mean 10 day wait period?
Also I see what you are saying about father in law...so that idea is out.

Yes; 10-day wait, performance check, HSC, proof of residence, lock - all the FFL things apply.

Be sure the CA FFL you choose is up to speed on intrafamilial transfers, and get their transfer fee number before you commit.

SARC_Mike
02-23-2012, 8:42 PM
Good tip on the fee check!!! Now to add it to ccw do I even need to transfer it to me? I've read (and PLEASE correct me if I'm wrong) that if we live in the same household and are married I don't need to own it if she does to put it on my card?

Librarian
02-23-2012, 9:12 PM
Good tip on the fee check!!! Now to add it to ccw do I even need to transfer it to me? I've read (and PLEASE correct me if I'm wrong) that if we live in the same household and are married I don't need to own it if she does to put it on my card?

No PC on that issue either way; anecdotes suggest some issuing agencies care, and some do not. I tend to go with doing what PC requires, and no more - simplifies the process - but not all issuers seem to agree.

Kharn
02-24-2012, 1:44 AM
If the two parties driver's licenses are not from the same state, an FFL must be involved, except when the person has orders stationing them in that state. Is your wife TDY to CA, or did she PCS there?

Librarian
02-24-2012, 11:39 AM
If the two parties driver's licenses are not from the same state, an FFL must be involved, except when the person has orders stationing them in that state. Is your wife TDY to CA, or did she PCS there?

No indication the wife is .mil, but if so there's a major complication: BATFE has ruled that .mil are citizens ONLY of the state where they are 'permanently' stationed, for gun buying purposes (with one rare exception).

See the wiki -- http://wiki.calgunsfoundation.org/Federal_residency_requirements

SARC_Mike
02-24-2012, 11:41 AM
Not military (was, that's how we met, she was my nurse...there's your awe moment). We are both civvies now working as FQHC. So that shouldn't be a problem.

Kharn
02-24-2012, 3:28 PM
Librarian:
Thus my TDY (temporary duty) vs PCS (permanent change of station) question.

SARC_Mike:
Without orders stationing your wife in CA, she and you are not residents of the same state so you will need an FFL

SARC_Mike
02-24-2012, 8:44 PM
Ffl is fine, as long as I can get off roster. And guns are WAY cheaper in nm!