PDA

View Full Version : Intrafamily Transfer Help


Applesnapple
11-30-2012, 10:46 AM
Hello all,

I need some clarification on on the father to son non-roster exemption for intrafamily transfers. My father bought a Sig p220. He doesn't like /want it, and wants to give it to me. This particular model (for whatever reason) does not match any of the p220's on the DOJ list and is considered non-roster. So, how would we go about shipping / transferring the gun to me? Step by step if you can please :)

pilot1
11-30-2012, 10:59 AM
Here you go....

http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

Applesnapple
11-30-2012, 11:09 AM
Perfect. thank you.

Librarian
11-30-2012, 11:50 AM
Do be sure both of you are residents of California to use the easy way. Interstate still works, but is more complicated.

Applesnapple
11-30-2012, 2:42 PM
It would in fact be interstate, as he is a resident of Maryland. Anything I should be wary of?

Quiet
11-30-2012, 3:10 PM
It would in fact be interstate, as he is a resident of Maryland. Anything I should be wary of?

In order to comply with Federal laws, the firearm needs to be transferred through a CA FFL dealer. There is no gift exemption to Federal laws.

Not using a CA FL dealer, would cause you & your father to commit a Federal felonies and just sending in the form, documents for the Feds that you & your father committed Federal felonies.

Librarian
11-30-2012, 3:18 PM
And that is covered in the wiki link already provided, specifically at http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members#In terstate_Intrafamily_transfers_need_FFL_located_in _CA

atraweek
11-30-2012, 7:24 PM
It says that long rifles need no paper or fee. This directly contradicts what my FFL told me. Last week, I purchased (at least by familial proxy) a HK416 .22lr.

Since my license has a PO instead of a physical address (rural mountain community, no home delivery), I couldn't purchase the weapon until I had some form of acceptable proof of residency. So he had my father purchase it and told us that it'd cost us a $20 state fee to do an intrafamily transfer.

Librarian
11-30-2012, 7:54 PM
It says that long rifles need no paper or fee. This directly contradicts what my FFL told me. Last week, I purchased (at least by familial proxy) a HK416 .22lr.

Since my license has a PO instead of a physical address (rural mountain community, no home delivery), I couldn't purchase the weapon until I had some form of acceptable proof of residency. So he had my father purchase it and told us that it'd cost us a $20 state fee to do an intrafamily transfer.

A buyer of long guns need not provide proof of CA residency - that's for handguns only. Penal Code 26845.

Until 2014, long guns need no paper or fee going between the right family members. They do go regular DROS from a dealer or from a PPT from a non-direct-line family member.

The OPLAW form requires a $19 fee - $20 is close enough for casual conversation - but is not yet needed for long guns.

Seems like the FFL you visited is maintaining a few erroneous beliefs.

strongpoint
11-30-2012, 11:15 PM
Seems like the FFL you visited is maintaining a few erroneous beliefs.

not to mention that it sounds an awful lot like said FFL may have convinced atraweek's father to make a straw purchase.

I couldn't purchase the weapon until I had some form of acceptable proof of residency. So he had my father purchase it and told us that it'd cost us a $20 state fee to do an intrafamily transfer.

Applesnapple
12-03-2012, 12:34 PM
Follow up to my original question:

My father has not owned the gun for long at all (less than 30 days). Is that an issue of any kind? It's not mentioned in the wiki, but I'd like to be sure.

hawk1
12-03-2012, 12:44 PM
Follow up to my original question:

My father has not owned the gun for long at all (less than 30 days). Is that an issue of any kind? It's not mentioned in the wiki, but I'd like to be sure.

There is no time limit to hold a firearm before selling or giving it away.

bwiese
12-03-2012, 1:02 PM
Hello all,

I need some clarification on on the father to son non-roster exemption for intrafamily transfers. My father bought a Sig p220. He doesn't like /want it, and wants to give it to me. This particular model (for whatever reason) does not match any of the p220's on the DOJ list and is considered non-roster. So, how would we go about shipping / transferring the gun to me? Step by step if you can please :)

I am assuming you are both within CA/are CA Residents.

1. Intrafamily transfers between lineal relations (grandparent/parent/child/grandchild, and no other relationship) are exempt from Roster.

2. Intrafamily transfers of handguns per above not only do not need
Rostering but can be given to the other party without use of an FFL.
The receiving party has 30 days to notify DOJ Firearms Bureau and file papers/pay $19 fee. Of course recipient should be nonprohibited (!!)

3. If supplying family member is outside CA, a CA FFL that understands "interstate intrafamily" xfer is needed. Transfer is Roster exempt, but still waiting period, fees, FFL use. The supplying family member should write a quick 'gift letter' ("To whom it may concern: I want my son Little Johnny Gunnie to receive this Colt Pythion, 357 magnum, blue, 4" bbl, S/N#12345, in compliance with all laws. Signed, Daddy Gunnie".)
The FFL will want to keep this letter or a copy in his files as paper 'backup' for the exempt transaction.

Applesnapple
12-03-2012, 2:38 PM
Thanks to everyone for your help so far. These forums are great!

strongpoint
12-03-2012, 2:55 PM
These forums are great!

stick around; you'll get over it soon enough.

but seriously, glad we could help.