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LAK Supply
09-16-2007, 8:22 PM
Been looking around in the old threads, but I can't find the exact answer..... I know this was discussed here somewhere....

If I was a resident of another state would it be legal for me to give my dad an off-list handgun (Security Six for example) for Christmas? Out of state must go through FFL regardless of whether it's a gift to family, right?

If it's a no-go on the unlisted gun my options are listed handgun or long gun to FFL, correct?

CSDGuy
09-16-2007, 8:26 PM
Out of state transfers must go through an FFL, but I thought I'd read that there was an intrafamilial exemption for off list firearms... I could be wrong...

LAK Supply
09-16-2007, 8:58 PM
Out of state transfers must go through an FFL, but I thought I'd read that there was an intrafamilial exemption for off list firearms... I could be wrong...

That's what I thought I heard....... any confirmations here?

wilit
09-16-2007, 9:26 PM
Take a look at this thread. I remember this very topic being discussed.

http://www.calguns.net/calgunforum/showthread.php?t=63667&highlight=dad&page=2

bwiese
09-16-2007, 10:05 PM
Assuming
(1) you are a resident of another state;
(2) your *father* is a resident of CA;
(3) you wanna give him a handgun;

The handgun can be "unsafe" and non-Rostered since it's an interfamiliar transfer, and does not matter if it crosses state lines for CA's purposes.

CA laws allow interfamiliar transfer without FFL providing the recipient has a HSC card (and of course is not a 'prohibited person').

Interfamily includes only relationships between grandparent, parent and child. "Step"-relationships may well be questionable and I am not sure when a stepfather really is a father.

However, since there is no *Federal* interfamiliar exemption the handgun must go thru FFL with 4473 to keep the BATF/Feds happy. But there does not need to be CA 10 day wait, etc (not sure if there is any Federal Brady 3? 5? day wait that most folks in free states can bypass in ohter states with CCW cards.)

LAK Supply
09-17-2007, 10:03 PM
Thanks Bill! :)

glockman19
09-17-2007, 10:05 PM
Can it be from an in-law? or would the transfer have to go to my wife then transfered to me?

LAK Supply
09-17-2007, 10:07 PM
Can it be from an in-law? or would the transfer have to go to my wife then transfered to me?

From the sound of it a direct family member is required..... parent or sibling only....? I think your wife would have to receive it from her dad...

gose
09-18-2007, 9:19 AM
Assuming
(1) you are a resident of another state;
(2) your *father* is a resident of CA;
(3) you wanna give him a handgun;

The handgun can be "unsafe" and non-Rostered since it's an interfamiliar transfer, and does not matter if it crosses state lines for CA's purposes.

CA laws allow interfamiliar transfer without FFL providing the recipient has a HSC card (and of course is not a 'prohibited person').

Interfamily includes only relationships between grandparent, parent and child. "Step"-relationships may well be questionable and I am not sure when a stepfather really is a father.

However, since there is no *Federal* interfamiliar exemption the handgun must go thru FFL with 4473 to keep the BATF/Feds happy. But there does not need to be CA 10 day wait, etc (not sure if there is any Federal Brady 3? 5? day wait that most folks in free states can bypass in ohter states with CCW cards.)

I assume the 4473 has to be filled out on the receiving side, or can you do the "transfer" in another state and only fill out the DOJ form in CA?

Hunter
09-18-2007, 10:08 AM
There is a good discussion between Lunde and myself in the thread below on how he (Lunde) has done this type of transfer and what steps one needs to take when drosing.

http://www.calguns.net/calgunforum/showthread.php?t=39317&page=2

Mssr. Eleganté
09-18-2007, 10:07 PM
I assume the 4473 has to be filled out on the receiving side, or can you do the "transfer" in another state and only fill out the DOJ form in CA?

Federal law says you can't acquire a handgun while outside of your state of residence. So the "transfer" has to take place at a California FFL.

Now with a long gun you could do the transfer at an out of state FFL. Federal law says you can acquire long guns while out of state if you do the transfer at an FFL's premises in that state. The transfer just has to follow the laws of both states.

In most situations Californian's can't acquire long guns outside of California because the out of state FFL has no way to comply with California's DROS requirement. But since California exempts "family" transfers of firearms from having to go through the FFL/DROS process, an out of state FFL could legally transfer a long gun to you if it was coming from a "family" member.

But most out of state FFL's will find this too complicated to bother with.