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  #1  
Old 10-17-2017, 6:30 PM
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Eat Dirt Eat Dirt is offline
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Default Off Roster Question / Transfer

I have a Question / I tried looking it up ..But ..

If parent brings Off roster pistol into state to gift to son

Does it have to go to DROS at local shop / Fees and 10 day wait
Or can it be done with Inter Family Transfer mail-in paperwork and $ 19.00 fee

And I assume the one in thirty law would still apply

Thanks
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  #2  
Old 10-17-2017, 6:34 PM
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Default Gun Control Act of 1968

Quote:
Originally Posted by Eat Dirt View Post
I have a Question / I tried looking it up ..But ..

If parent brings Off roster pistol into state to gift to son

Does it have to go to DROS at local shop / Fees and 10 day wait
Or can it be done with Inter Family Transfer mail-in paperwork and $ 19.00 fee

And I assume the one in thirty law would still apply

Thanks
Federal laws prohibits the transfer of firearms between residents of different States, unless a FFL is utilize. There is no intra-familial gift exemption to these Federal laws.

Because of the Federal laws, the transfer must be done through a CA FFL dealer.
ATF 4473, CA DROS, 10 day wait, and 1 in 30 day wait applies to the transfer.
Firearm must be CA legal (can not be an assault weapon, DD, MG, SBR, SBS under CA laws) and can not include any large capacity magazines.

Failing to utilize a FFL equates to a Federal felony for everyone involved with the transfer and submitting the CA DOJ form documents the violations of Federal laws, making it easier for the Feds to prosecute & convict.
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  #3  
Old 10-17-2017, 7:02 PM
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Default

Thank You Sir
For the Quick and Complete response

You answered All my questions

I Am Good -To-Go / No problems on this end
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  #4  
Old 10-17-2017, 7:08 PM
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Added: Parent must Hand the Gun to FFL . You can not take possession
Of it until it is ready to pickup 10 days later .

Shipping Out of state FFL to in state FFL. Not sure, no experience here.
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  #5  
Old 10-17-2017, 8:22 PM
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Default

Quote:
Originally Posted by Eat Dirt View Post
I have a Question / I tried looking it up ..But ..

If parent brings Off roster pistol into state to gift to son

Does it have to go to DROS at local shop / Fees and 10 day wait
Or can it be done with Inter Family Transfer mail-in paperwork and $ 19.00 fee

And I assume the one in thirty law would still apply

Thanks
I recently needed the same information and so just recently looked this up. Intrastate you just fill out the california doj form. If it is INTERSTATE you need to go through an ffl. The ffl I spoke with said the gun has to be shipped to the ffl then processed. He said you can’t bring it in and drop it off. I’m looking at going through a different ffl to see if that’s true or not. Then he said yes 30 days applies.
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Old 10-17-2017, 8:23 PM
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Quote:
Originally Posted by Quiet View Post
Federal laws prohibits the transfer of firearms between residents of different States, unless a FFL is utilize. There is no intra-familial gift exemption to these Federal laws.

Because of the Federal laws, the transfer must be done through a CA FFL dealer.
ATF 4473, CA DROS, 10 day wait, and 1 in 30 day wait applies to the transfer.
Firearm must be CA legal (can not be an assault weapon, DD, MG, SBR, SBS under CA laws) and can not include any large capacity magazines.

Failing to utilize a FFL equates to a Federal felony for everyone involved with the transfer and submitting the CA DOJ form documents the violations of Federal laws, making it easier for the Feds to prosecute & convict.
Off roster Guns however are permitted.
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  #7  
Old 10-17-2017, 8:29 PM
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Quote:
Originally Posted by krb View Post
I recently needed the same information and so just recently looked this up. Intrastate you just fill out the california doj form. If it is INTERSTATE you need to go through an ffl. The ffl I spoke with said the gun has to be shipped to the ffl then processed. He said you canít bring it in and drop it off. Iím looking at going through a different ffl to see if thatís true or not. Then he said yes 30 days applies.
Ask the FFL to show you the law that requires it to be shipped in. He won't be able to because there is no such law.
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  #8  
Old 10-17-2017, 9:46 PM
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Quote:
Originally Posted by P5Ret View Post
Ask the FFL to show you the law that requires it to be shipped in. He won't be able to because there is no such law.
This is correct that there are no laws that require the gun be shipped. Some FFLs may refuse to accept guns that are not shipped from another FFL. That is their choice. If so, just find another friendlier and knowledgeable FFL. But do not get sucked into the trap that all you need to do is file the state form if it is an interstate transfer. As others have correctly said, this would be a violation of federal law.
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  #9  
Old 10-17-2017, 11:14 PM
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And the penalty for violation of that federal law is 5 years in prison each for the both the transferor, if they know or should know that the transferee is a resident of another state, and the transferee.
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  #10  
Old 10-17-2017, 11:15 PM
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Quote:
Originally Posted by krb View Post
...The ffl I spoke with said the gun has to be shipped to the ffl then processed. He said you can’t bring it in and drop it off. I’m looking at going through a different ffl to see if that’s true or not. Then he said yes 30 days applies.
Legally a walk-in is okay. Some FFLs don't want to handle things that way.

ETA: Oops. Just plain missed the post by BAJ475. Sorry.
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  #11  
Old 10-24-2017, 12:25 AM
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Well paying a ffl to ship isnít much compared to paying a bloated price for an off roster pistol here.


Sent from my iPhone using Tapatalk
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  #12  
Old 10-24-2017, 7:13 AM
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Just make sure to check with the FFL in advance as to what the permit. Some will take a walk in. It must be your parent and not you. Others will accept it by common carrier. A few want it shipped from a FFL. Fees are negotiable, so find out what their charge is plus DROS. They may want a letter stating it is a from a parent and if it is a gift. The gift part is for tax purposes. Some want the letter notarized and a few even have made up a form.
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  #13  
Old 10-24-2017, 7:53 AM
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Quote:
Originally Posted by Chewy65 View Post
The gift part is for tax purposes. Some want the noteirised
.

Don't understand that part...
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  #14  
Old 10-24-2017, 9:08 AM
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Sorry for the typo. Some want your parent's signature notarized on a letter stating the gun to be gift. Many do not need it notarized. I believe the purpose of the letter is so that the FFL need not collect sales/use tax. Ask your FFL in advance what they need.
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  #15  
Old 10-24-2017, 9:11 AM
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Thanks .That explains it / Now I see the Light !
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  #16  
Old 10-24-2017, 2:02 PM
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Because the parent isn't a CA resident, it isn't a PPT and the FFL can charge whatever they want for the transfer... so make sure it's something reasonable.
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