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jmancini
10-12-2007, 10:47 AM
If my mother wants to give me a handgun that's not on the CA approved list, and she lives in a different state, does this transfer fall under the parent-child exception for off-list guns?

Seems a tad fuzzy to me, thanks in advance for anyone who knows.

fireblast713
10-12-2007, 10:56 AM
yes... I think it does.

RAD-CDPII
10-12-2007, 12:13 PM
Is there a brother to brother transfer? My brother in Reno is the registered owner of a Colt Gold Cup Trophy, Colt has not applied to have it go through the drop test. Any way to get that transfered?

leelaw
10-12-2007, 12:22 PM
Is there a brother to brother transfer? My brother in Reno is the registered owner of a Colt Gold Cup Trophy, Colt has not applied to have it go through the drop test. Any way to get that transfered?

Brother --> Father --> You

Intrafamilial transfers are legal and exempt from the drop list, per CA.

Normally you would make the transfer and then send in a report form to CA DOJ, however, since the gun is now involved in an interstate transfer, federal guidelines require that the transfer go through an FFL.

According to CA, if the gun goes through an FFL, it must be DROSed.

So, to make this CA-legal, the gun is DROSed as an exempt/other handgun. It's legal to do such a transfer. I would recommend that whatever parent/grandparent/child is sending it to you to include some letter or other statement about it being an intrafamilial gift, for the FFL's records (he makes a copy)

maxicon
10-12-2007, 12:29 PM
To add to Leelaw's post, you'll want to make sure the local FFL understands how this works. It's pretty straightforward, but many FFLs get confused on the subtle details of the law, and it'll save some time and trouble to get it clear up front.

bwiese
10-12-2007, 3:30 PM
To add to Leelaw's post, you'll want to make sure the local FFL understands how this works. It's pretty straightforward, but many FFLs get confused on the subtle details of the law, and it'll save some time and trouble to get it clear up front.

It may help CA FFL - esp in case of later audit - to have a 'gift letter' attached to the DROS paper and retained in CA FFL's files.

RideIcon
10-12-2007, 4:36 PM
but this wouldnt work with an assault riffle would it, lol

Shane916
10-12-2007, 4:40 PM
but this wouldnt work with an assault riffle would it, lol

Give us a call from jail and let us know how it turned out.

leelaw
10-12-2007, 5:01 PM
Give us a call from jail and let us know how it turned out.
He'll just be in jail until he's convicted of the felony, then he'll be in prison. :D

yellowsulphur
10-12-2007, 11:29 PM
Oh, and get it in writing from the DOJ so that the FFL has that too when he / she gets audited.

?.
The BoF (DOJ) already put it in writing according to (Penal Code §§ 12078(i)(1)(B), 12078(c)(2)(A).)

Firearms obtained through intestate succession or by bequest, sales or transfers
between “immediate family” members. Immediate family means parent and child,
and grandparent and grandchild. (NOTE: Individuals who receive a concealable
firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun in this manner must be reported within 30 days to the Department of Justice on forms provided by the Department of Justice.)

NOTE: The infrequent sale, lease, or transfer of firearms between individuals - meaning five or fewer sales per year of any number of handguns or irregular and occasional sales of other firearms is allowed. However, such sales/transfers must be completed through a dealer licensed pursuant to Penal Code section 12071.

You can find the complete list of exemptions to the drop test in the California Firearms Laws, 2007 edition, pp. 34-38

EOD Guy
10-15-2007, 1:41 PM
?.
The BoF (DOJ) already put it in writing according to (Penal Code §§ 12078(i)(1)(B), 12078(c)(2)(A).)

Firearms obtained through intestate succession or by bequest, sales or transfers
between “immediate family” members. Immediate family means parent and child,
and grandparent and grandchild. (NOTE: Individuals who receive a concealable
firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun in this manner must be reported within 30 days to the Department of Justice on forms provided by the Department of Justice.)

NOTE: The infrequent sale, lease, or transfer of firearms between individuals - meaning five or fewer sales per year of any number of handguns or irregular and occasional sales of other firearms is allowed. However, such sales/transfers must be completed through a dealer licensed pursuant to Penal Code section 12071.

You can find the complete list of exemptions to the drop test in the California Firearms Laws, 2007 edition, pp. 34-38

That section of the Penal Code deals with bequests from an estate, not an intrafamilial transfer.

EOD Guy
10-15-2007, 1:43 PM
That part is well know and completely understood by just about everyone.

What is unclear is whether or not the intra-familial ( or intestate ) transfer applies when both individuals are not residents of the state.

Interstate transfers, regardless of relationship, are Federal issues and must be done by FFL at receiving end. So the Mom in Texas to Son in California thing has to go to the CA FFL.

So, tell me what, specifically by name, FFL will receive it ?

Intestate does not mean intrafamilial. It means without a will and applies to estates.

RAD-CDPII
10-20-2007, 1:53 PM
So I will ask again, Name a FFL who will do such a transfer.

I did place a call to the AG/Firearms group in Sacto, 916 263 4887. You only need an FFL if the weapon is being shipped into CA. If the person doing the transfer were to bring the weapon in personally, or the person receiving the weapon goes to get it, then all you need to do is fill out the form and send it in, done deal, no FFL required. Call if you do not believe this.

CA DOJ link: http://www.ag.ca.gov/firearms/

Form Link: http://www.ag.ca.gov/firearms/forms/pdf/oplaw.pdf

bwiese
10-20-2007, 4:51 PM
I think there are numerous FFLs that will do this. I think Martin at Irvington Arms in Fremont can do this.

For those questioning this, this is plain as day...
interfamilial transfers exempt the handgun from being on Roster of Approved Handguns. The only
parties authorized for interfamily transfers are grandparent/parent/grandchild.


there is no restriction on the interfamiliar transfer being originated outside CA - they'd've had to have
specified it in the law for that to occur;


All interstate firearms transfers to Californians must go thru a CA FFL.


Intra-state (i.e, both Californians) interfamily transfers do not need to go thru an FFL. The recipient
must of course not be a prohibited person, needs an HSC card, and should file paperwork + $19 fee w/DOJ.



The CA DROS system allows exemptions for various reasons, one of them "interfamily".

I would suggest it could be helpful to have a 'gift letter' from the originating party with name/address info ("I'm Ivan's Mom, and I want him to have this fine 44 Magnum") that the FFL can attach to the records.

RAD-CDPII
10-20-2007, 5:15 PM
[QUOTE=bwiese;800275]
All interstate firearms transfers to Californians must go thru a CA FFL.


Intra-state (i.e, both Californians) interfamily transfers do not need to go thru an FFL. The recipient
must of course not be a prohibited person, needs an HSC card, and should file paperwork + $19 fee w/DOJ.
[/list]

I think you might want to check on the "interstate firearms transfers". Call the number I suggested in my earlier post.

Shipping guns into or out of CA requires that one of the parties be an FFL and would therefore require the FFL part. The weapon can come into CA leagally via other means, drive in or fly in in checked baggage.

The question I speciffically posed to the AG's office related to the weapon already being in the state.

1. My brother owns a Coly Gold Cup Trophy, not on the CA approved list, he lives in Reno.
2. When he drives down to visit my mother in the SF Bay area, he brings the .45 and gives it to her. Can she just fill out the form and send it in. The answer was yes, along with the fee, end of transaction, no FFL required. If the weapon is shipped in, an FFL would be required. Of course, the HSC Card is required, but there is no place on the form to put the number, so they take your word for it. I can just see my 89 YO mother who hates guns getting an HSC

Then when she receives confirmation of the transfer, she can then give it to me, where I send in the from with the fee, and again, done deal, no FFL involved.

I ran this by my brother, he's not that concerned about getting it out of his name, so it's just here on permant loan.

Wizard99
10-20-2007, 5:18 PM
Leelaw, are you guys willing to do such a transfer in Fairfield?
And if so could it be an AR pistol or lower?

iBlake
03-17-2010, 1:07 PM
Necroing this thread to keep things all in one place.

Have any of the laws changed since 2007, that would require me to have a Handgun Safety Card before I send in my transfer paperwork? The form is the same, so unless there is some record that they can check internally, I would guess that I'm in the clear.

Next step, obviously, is to get my HSC. I've opted to start the transfer paperwork first as I imagine that it will take longer to process than it will take for me to obtain my HSC.