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-   -   Out of State Gift? (http://www.calguns.net/calgunforum/showthread.php?t=714217)

BlackBeardActual 02-28-2013 8:55 AM

Out of State Gift?
 
Reposting this from the Centerfire section...It was suggested you guys might know the ins and outs.


Hi all,

New here. Love the site so far. I've been searching for answers to all of my questions but haven't had a whole lot of luck. It might be because I'm not sure what to search for...

Anyway, my brother wants to give me one of his AR's, it's an LWRC, I believe. He's in a different state. The next time he flies out here, he wants to bring the gun and possibly leave it with me as a gift.

Is this possible? If so, what would I need to do after he gives it to me? I do know I'd have to add a Bullet Button and a 10rd mag. Can that be done once the rifle gets here? I believe it already has a 10rd mag so it just needs the BB.

Sorry for the newbie question but all of these CA gun laws are making my head spin...

thanks!

edgerly779 02-28-2013 9:15 AM

Immediately put in bb and mag in should be done before he enters ca. Then go to ffl and do ppt dros. Brother is not intra familial only father son grandfather grandson up or down. not sideways.

Mssr. Eleganté 02-28-2013 12:27 PM

Some FFLs won't accept transfers from out of state private parties and some FFLs charge really high fees for transfers from out of state. And there are still a few who won't transfer ARs. So shop around for an FFL who will accept the transfer and won't charge too much.

And like edgerly779 already said, the magazine lock needs to be installed BEFORE you brother crosses the state line into California.

BlackBeardActual 02-28-2013 1:30 PM

Ok, thanks for the info. So then it is possible for him to fly into town with it and do a PPT at an FFL? I had always figured it needed to be sent to the FFL. If this is the case then it give me options.

I have a BB that I bought, I can probably mail it to him and have him install it. Will I be required to pay tax on the rifle?

Anyone know of an FFL that might do this in the LA area?

edgerly779 02-28-2013 2:41 PM

Call shawn at oaktree gunclub they are easy to deal with. $75 is the most they charge for non ppt dros. 661 259-7441 They don't charge tax

motosks 02-28-2013 2:56 PM

Seems as though I have a similar situation, my dad has a sig p220 he is willing to give me, however I cannot find a single FFL in Florida that is willing to ship to California, they just wont deal with the state's regs. Would he able to fly out and do a face to face transfer? I'm not sure if the rules change in regard to a handgun transfer.

Is there a better way to do it? Noone seems to be willing to accept a shipment from him (being a non FFL) either.

@BlackBeard, please forgive my intrusion on your post, I tried to wait until it seemed like you had been able to wrap up.

Mssr. Eleganté 02-28-2013 3:18 PM

He can UPS or FedEx the handgun overnight to a California dealer. You just have to keep searching for a local dealer who will accept shipments from non-FFLs. He can also fly out with the handgun and do a transfer with you face to face at the dealer, but you still need to find a dealer who is willing to do this. If the handgun is not on (or exempt from) the Safe Handgun Roster then the local dealer will also have to understand how to use the "family" Roster exemption to complete the DROS.

BlackBeardActual 02-28-2013 3:37 PM

Great, thanks for the info. I'll give Shawn a call.

@motosks, no worries, I like learning about all the different scenarios. My parents actually live part time in FL so I've been wondering about getting guns from there to CA as well.

edamon 03-01-2013 12:03 AM

On this same subject -

my sister wants to gift me a handgun (10+1 cap mag) from out of state. It's not on the roster list.

Does this fall under any of the exemptions?

I have an FFL I use and a great guy, but there are a bunch others here in the SoCal area as well if it requires a 07 FFL (not sure if my guy is or not).


thanks in advance,

damon



I have an FFL that will do

repomanNWP 03-01-2013 12:10 AM

Gift from out-of-state sister of an off-roster handgun is not allowed, unless it falls into a exemption condition, the only ones of which I am familiar with are

1. intra-familial, which doesn't apply to a sister
2. You are law enforcement and have a legal ok to possess off-roster guns
3. Gun is modified with Single Shot exemption by CA FFL prior to you taking possession.

If I'm wrong about this, another calgunner (or 10) will immediately post corrections. gotta luv this forum.

edamon 03-01-2013 12:30 AM

Quote:

Originally Posted by repomanNWP (Post 10681468)
Gift from out-of-state sister of an off-roster handgun is not allowed, unless it falls into a exemption condition, the only ones of which I am familiar with are

1. intra-familial, which doesn't apply to a sister
2. You are law enforcement and have a legal ok to possess off-roster guns
3. Gun is modified with Single Shot exemption by CA FFL prior to you taking possession.

If I'm wrong about this, another calgunner (or 10) will immediately post corrections. gotta luv this forum.

Thanks for the quick reply --- but I don't understand #1... how is a sister not a family member? ;)

thanks,
damon

Librarian 03-01-2013 12:46 AM

Quote:

Originally Posted by edamon (Post 10681527)
Thanks for the quick reply --- but I don't understand #1... how is a sister not a family member? ;)

thanks,
damon

Legal definition for gun transfer says family is child/parent/grandparent. That's it - that's all of it.

See also the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/Tr...Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/Tr...rms_Interstate

BlackBeardActual 03-01-2013 10:29 AM

Librarian, bringing over the discussion from my other thread about this in the Centerfire section (http://www.calguns.net/calgunforum/s...d.php?t=713754), if edamon's sister gave him the gun then no one would be the wiser that he owned it, technically. Right?

From some wiki reading, I assume handguns are handled differently than long guns? Do handguns need to be registered no matter what? I'm confused by this because I saw a thread about someone legally buying an unregistered gun via PPT.

What is the advantage of doing a transfer through an FFL, other than it being the lawful way. Does it give you any additional advantages, like in case of a crime (not committing one that is), i.e, you're gun being lost or stolen?

Librarian 03-01-2013 11:38 AM

Quote:

Originally Posted by BlackBeardActual (Post 10684412)
Librarian, bringing over the discussion from my other thread about this in the Centerfire section (http://www.calguns.net/calgunforum/s...d.php?t=713754), if edamon's sister gave him the gun then no one would be the wiser that he owned it, technically. Right?

From some wiki reading, I assume handguns are handled differently than long guns? Do handguns need to be registered no matter what? I'm confused by this because I saw a thread about someone legally buying an unregistered gun via PPT.

What is the advantage of doing a transfer through an FFL, other than it being the lawful way. Does it give you any additional advantages, like in case of a crime (not committing one that is), i.e, you're gun being lost or stolen?

Last question first: to NOT do the transfer through an FFL is a misdemeanor for both buyer and seller - doing the transfer 'the right way' avoids the risk of up to a year in jail.

Until Jan 1, 2014, handguns are treated differently from long guns. On that Jan 1, long guns get treated substantially the same as handguns are treated now.

See the wiki article on registration -- http://wiki.calgunsfoundation.org/Firearms_registration

BlackBeardActual 03-03-2013 4:23 PM

Great, thanks for the wiki link. Clarifies a lot.


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