View Single Post
  #54  
Old 03-27-2010, 4:15 PM
swhatb swhatb is offline
Member
 
Join Date: Mar 2006
Posts: 402
iTrader: 0 / 0%
Default

VERY GOOD INFORMATION!!! Thanks.

Quote:
Originally Posted by bwiese View Post
It seems quite a few FFLs are confused about handgun Rostering matters w/regards to certain interstate/ intrastate transfers.

Yes, you can't buy a non-Rostered nonexempt handgun from Joe Blow in Nebraska via Gunbroker and have it shipped to your CA FFL and DROSed to you. [We will avoid discussion of NRF frames here, as that's a separate matter.]

However, Rostering is not applicable for lineal intrafamily transfers (or inheritances) of non-Rostered nonexempt handguns.

Normally, lineal intrafamily transfers within CA do NOT need to use FFLs. Ensure your kid has a HSC card, hand the pistol to him, and tell him to fill out the DOJ form and pay $19 within 30 days (or whatever the fee is).




It gets more complex when the supplying family member is outside CA:
  • use of a CA FFL is only required to keep the *BATF* happy:
    guns can't move across state lines without an FFL (except
    for probate/inheritance)
  • despite above, there's still no *California* requirement to use
    an FFL for this matter: the intrafamily exemption says no
    licensed party required. (By that they mean FFL + DOJ CA license
    dealer)
[Formally inherited/bequested guns can cross state lines without usage of FFLs - and there's exemption in CA law for this too. Rostering not required.]

Thus, your dad/grandad/kid (lineal only) in Nebraska can ship the non-Rostered nonexempt handgun to your local CA FFL. The gun is DROSed+4473'd like a normal purchase - but on the DROS screen an exempt notation should be added: "12078PC intrafamily transfer".

It is helpful to the gun dealer if a (copy of a) letter can be added to his files for your transaction, specifying the exact gun, the lineal family relationship, and the names of the two parties:
"Gentlemen,

I want my grandson, Maximus Gunnie Jr., to
have my nice Colt 45 pistol, serial #12345.

Yours truly,
Grandma Biggie Gunnie
<date>"
That helps the FFL during any prospective DOJ audit.

This transaction is *not* a PPT: FFL fees are not restricted to $35, unlike PPTs, and the FFL can charge whatever he wants for the transfer.

The above information is not 'aggressive' and has even been told repeatedly to FFLs in the past by DOJ Firearms staffers. [Some DOJ Firearms phone clerk types do not understand this, however, and just may give a blanket answer, however.]

Here's the relevant law:
12132. This chapter ("Unsafe handgun" Rostering stuff) shall not apply
to any of the following:

(a) The sale, loan, or transfer of any firearm pursuant to Sec 12082
in order to comply with subdivision (d) of Section 12072.

Just says that private party transfers must go thru a licensed dealer
(meaning a CA FFL w/CA + local permits etc) and that Rostering is
not required for such PPTs.

(b) The sale, loan, or transfer of any firearm that is exempt from the
provisions of subdivision (d) of Section 12072 pursuant to any applicable
exemption contained in Sec 12078, if the sale, loan, or transfer complies
with the requirements of that applicable exemption to subdivision (d) of
Sec 12072.

Here it is... Rostering isn't required for guns exempt from PPT provision (12072(d))
due to a 12078 exemption. [The latter phrase "...if the sale, loan, or transfer ..."
just means that all the rules of the particular exemption from PPTing must be followed,
it's a bit of near-throwaway legalese.]

12078 is the section including a variety of exemptions from FFL use: intrafamily
transfer, inheritance, infrequent loan provisions, etc.


(c) The sale, loan, or transfer of any firearm as described in paragraph (3)
of subdivision (b) of Section 12125.

12125(b) just lists Roster exemptions for prototypes to be manufactured, imported,
submitted or analyzed for approval, exemptions for the anaylzing party, exemptions
for C&R handguns,exemption for LE agencies.


(d) The delivery of a pistol, revolver, or other firearm capable of being concealed
upon the person to a person licensed pursuant to Sec 12071 for the purposes of
the service or repair of that firearm.

Doesn't need to be Rostered for in-CA repair/gunsmithing.


(e) The return of a pistol, revolver, or other firearm capable of being concealed
upon the person by a person licensed pursuant to Section 12071 to its owner
where that firearm was initially delivered in the circumstances set forth in
subdivisions (a), (d), (f), or (j).

Doesn't need to be Rostered for return from in-CA repair/gunsmithing.

(f) <<<consignment/pawning exemptions from Rostering>>>

(g) <<<C&R exemption from Rostering, kinda duplicated>>>

(h) <<<Olympic pistol exemptions>>>



useful 12078PC exemptions include:

12078(c)(1) <covers intrafamily exemption to PPT procedures for firearms>
12078(c)(2) <covers intrafamily exemption to PPT procedures for *handguns*>
12078(c)(3) <define 'intrafamily': btwn grandparent/parent/child/grandchild>
12078(d) <covers 'infrequent loan' provisions>
12078(e) <yet another to/from gunsmithing exemption>
12078(f) <yes, you can send a gun to out of state FFL>
12078(i) <operation of law exemptions including inheritance/bequest>