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View Full Version : Grandma is giving me a gun but she lives in NJ.


ChopperX
11-27-2012, 3:25 PM
Hey on my trip out to see some family my grandma and I were talking and she decided that she wants to give me here Smith and Wesson Model 60 Chiefs Special in .38 Special. Trouble is she lives in New Jersey. I am just curious on the process of getting the handgun to California.

My best guess through a little searching around is that she would have to go to a gun dealer in Jersey and have it shipped to my local FFL here in California. I have a 03FFL but it doesnt meet the 50 year old mark. Probably a late 60s to early 70's revolver.

So is this the right way to deal with this situation? Have her go to her local FFL and then have them ship it to my FFL? Or is it more complicated than that?

kemasa
11-27-2012, 3:43 PM
Unless there is a law in NJ that firearms have to be shipped through a dealer, it can be shipped directly to a CA FFL. Just make sure that the FFL knows how to do the transfer (intrafamilial exemption).

You should also have her right a letter saying that it is a gift to you and that she is your grandmother.

BTW, a firearm does not have to be over 50 years old to be a C&R, it can be listed by name, for various reasons.

ChopperX
11-27-2012, 4:16 PM
Okay Ill research the New Jersey shipping part a little more. Regarding the letter how should it be written exactly? Just like you said and have her sign her full name? Should she include contact information? How should she make the letter to, or just have her name signed?

True when I get home I will have to look at my C&R book to see if the model 60 is listed.

cannon
11-27-2012, 4:20 PM
Can the OP check it at the airport and when he and his S&W get back to Cal just file a self registration* form?


Probably not the correct name but the form with $19.00 tells the DOJ you now posses a firearm.

kemasa
11-27-2012, 4:27 PM
The letter should have her name, a copy of her ID does not hurt. It should mention you by name. You should check with your FFL to see what is needed for them to do the transfer, since that is what is important.

kemasa
11-27-2012, 4:29 PM
Can the OP check it at the airport and when he and his S&W get back to Cal just file a self registration* form?


Well, if you want to break the law, then that can be done. The problem in this case is that Federal law does not allow for the transfer of firearms between residents of different states, so it has to go through a FFL to be legal.

CA does not care about Federal law, so they would be ok with that :-).

Tjfearl
11-27-2012, 4:33 PM
Well, if you want to break the law, then that can be done. The problem in this case is that Federal law does not allow for the transfer of firearms between residents of different states, so it has to go through a FFL to be legal.

CA does not care about Federal law, so they would be ok with that :-).

Does that federal law apply to a direct family member? I know you can't buy a firearm from someone FTF in another state, but inheritance/gift is a little different.

Librarian
11-27-2012, 4:34 PM
Or, in the event that Grandmother happens to pass, and leaves the gun to you, that would be an inheritance - and inheritance is exempt from the FFL requirement for interstate transfer.

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

kemasa
11-27-2012, 4:38 PM
If Grandma gets run over by a Reindeer, see above. I have heard that there are limits though, such that it needs to be named or you get everything, not just that the person dies and that one of the people dealing with the estate decides to give you the firearm.

There is no exemption for a gift or family transfer under Federal law.

CSACANNONEER
11-27-2012, 4:54 PM
The happy feeling I got as I read this thread and heard about another gun coming into CA quickly left when I realized that it's coming from another anti gun state. But, then I realized how nice it is have firearms passed down from one generation to the next in the same family. I have two firearms, one from both of my grandfathers and will never part with them until I pass them on to younger family members. Congrats on the family heirloom.

Does that federal law apply to a direct family member? I know you can't buy a firearm from someone FTF in another state, but inheritance/gift is a little different.

How so? It's still a transfer between two non licensed residents of different states. So, ALL transfer laws still apply.

ChopperX
11-28-2012, 1:55 PM
Thanks for the information guys. This helped me out a lot. I am just gonna have her see an FFL which they will send it to mine when I get the okay from an FFL local to me with a letter from her.