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Acetoda
08-10-2012, 9:34 AM
Hi all,

My father has a handgun he would like to pass on to me. It's currently in NJ and I'll be going there next month to bring it hopefully back to Cali. What's is required for that transfer? Thanks in advance

fiddletown
08-10-2012, 10:03 AM
...My father has a handgun he would like to pass on to me. It's currently in NJ and I'll be going there next month to bring it hopefully back to Cali. What's is required for that transfer? Thanks in advanceIf you're a California resident and your father is a New Jersey resident, if you did that both you and your father would be committing federal felonies that could get each of you up to five years in federal prison and or fines (as well as lifetime losses of your gun rights).

Your father will need to send the gun to a licensed dealer (FFL) in California to transfer the gun to you in accordance with federal and California law (DROS and the federal form 4473).

You will probably want to shop around for an FFL close to you to handle the transfer. The FFL can charge a fee, and those fees can vary a good deal. Also, some FFLs will not accept directly from a non-dealer a gun for transfer, although legally they may. You'll need to work out those details ahead of time.

And since the gun is a gift from your father, it need not be on the California Roster of Handguns Approved for Sale. However, some FFLs here in California don't understand that. That's an issue you'll also want to discuss with the FFL ahead of time and work out.

Here is 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;
...

Librarian
08-10-2012, 11:11 AM
And there is a sticky in this forum, http://www.calguns.net/calgunforum/showthread.php?t=503873, with the shorter version of that information.

The King
08-10-2012, 11:16 AM
One time I wandered into a New Jersey gun store and asked about buying and delivery to a California dealer. Same transfer info as above.

But, the dealer said Jersey had a 90 day waiting period to purchase a handgun.
90 days, ouch.

I wonder is that is still true. If so, I will never complain about california again.