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Old 04-21-2010, 4:16 PM
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ke6guj ke6guj is offline
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Originally Posted by DaveFJ80 View Post
Just so that I'm clear on this, from reading this thread and the Calguns Wiki FAQ about Intrafamily transfers.....

My dad is now a resident of South Dakota (and is ex-LEO of CA, but I know that doesn't matter). He is physically bringing a non-rostered handgun (SA XDm) with him to CA to do the Intrafamily transfer.

- Will a FFL still be needed?
- Does it go by where the handgun and transfer are physically taking place?
- Or does it go by where the current registered owner resides?
yes, an FFL is still needed and federal law requires that an FFL in the recipient's state be involved in the the transfer of the handgun.

- Will the DOJ transfer form need to be filled out and mailed in seperately with payment? Or can this be done at the FFL?
in this case, the oplaw form is not needed. It is used when both parties are CA-residents and the handgun was transfered without using an FFL. But since federal law requires an FFL be used, you don't need to use the oplaw form. The DROS covers the info that the form would provide to CADOJ.

And a side question....

- Can the Intrafamily transfer include a gun with either no mags, or the high cap mags broken down and transferred to me in CA as rebuild kits? Specifically the SA XDM mags.
In order to comply withthe safe handling demo that the PC requires, there should operational magazine with the handgun.

Do you want an AOW or C&R SBS/SBR in CA?

No posts of mine are to be construed as legal advice, which can only be given by a lawyer.