#81
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Federal law covers Federal law. In this case, Federal law requires an FFL to be involved in the transfer. If you call the CA DOJ, they will often tell you that am FFL is not needed, as their drones are ignorant of Federal law. But ignorance is nothing new. The DOJ is the agency that misread the Federal rule that a firearm serial number on a polymer receiver be engraved on a stainless plate and contain a total of 3.7oz of metallic content when assembled and wrote their own rule that requires that the serial number be engraved on a 3.7oz stainless plate... physically impossible on a traditional handgun frame and quite difficult on even an AR frame.
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- Rich |
#82
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Just a quick clarification, if my parents intend to gift me a handgun, do they need to send it into California through an FFL or can they hand carry it to California and we go to a FFL here together?
My understanding it could be done both ways but I was recently told that it has to be done by sending it via an FFL and cannot be done in person together. |
#83
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#84
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Thanks for the clarification, this was my understanding as well.
I just had a conversation with someone from my LGS and they mentioned that if my parents hand carry the firearm into California and give it to me, I can just fill out the paperwork for the DOJ and pay the $19 registration fee and I'm good to go. I don't believe this is legal to do for out of state intrafamiliar transfers. Just wanted to verify that I need to go through an FFL as I thought the 10 day wait period applies to these type of transfers. |
#85
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper |
#86
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You should suggest that your LGS look it up so that they not give out bad information. fiddletown has provided the applicable sections, should they need guidance in locating the applicable law. I would not be too critical of your LGS as it appears that they were merely trying to save you some time and money without knowing the jeopardy that would create. |
#87
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- Rich |
#88
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All Good information / Thanks Librarian
Quick question :: If you have one pistol bought and doing the 10 day wait Them Another deal comes along ,Does the 'one in 30 ' rule apply the day you did the paper-work or the day you receive the gun ??
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-------------------------------------------------------------- Tumbled BRASS For Sale Just check my Long Running Thread : http://www.calguns.net/calgunforum/s...d.php?t=262832 |
#89
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Same for the 10 day wait.... so it's 20-days after your earliest pickup date. You can theoretically transfer 12 per year if you work the 28/31 day months right.... Sundays and holidays can be a problem though, Make a purchase Jan 2 and you pick up your 12th gun on Dec 28.
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- Rich Last edited by Cokebottle; 09-24-2017 at 11:01 AM.. |
#90
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Hello
Apologies if this is covered somewhere else. I looked. Couldn't find an answer to my specific question. I have a DDM4 that I will not be registering. I want to transfer ownership to my adult son in Oregon before 7/1/18. My question is, can I transport this firearm to an Oregon FFL for paperwork? Or am I required to use a CA FFL for legal transfer? thx |
#91
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#94
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Call ahead to the CA FFL to be sure they understand the FFL is required for interstate transfer - if they say 'file the oplaw form', they do NOT understand - and to be sure their business practice will allow a walk-in.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#96
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It is still treated as a dealer transfer, not a PPT, so the $35 max transfer fee does not apply. The cost will be the same whether you hand-carry or ship it in other than the shipping charge.
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- Rich |
#97
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#98
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Pretty sure feds don't exempt interstate long gun transfers from FFL. Not sure where you're getting that from.
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#99
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The bit I quoted had a statement specific to handguns for Federal requirements, then separate line indicating CA requires FFL no matter the type. It infers that Federal interstate intra-familial does not require FFL. Hence my question. |
#100
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CA law won't allow that for CA residents; following the laws of the respective states of residence is required.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#101
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Hello all, I just joined the site and I am trying to figure all of this out.
I have a question, my wife goes to another state to visit family members. While there she decides to buy an off roster gun as a gift for me and has it shipped to CA FFL. Is this allowed? I am sure there is something in CA that would not allow something like this from happening. |
#103
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As of January 1, 2015, a law in California supplants the federal law. It, too, prohibits California residents from buying guns out of state and simply driving home with them (or shipping them home). Now, the seller must ship to a licensed California dealer, who will treat the event like any in-state transaction, involving the waiting period, background check, and safety certificate. (Cal. Penal Code §§ 26840, 27540, 27545, and 27585.) Under federal law, dealers who are selling to out-of-state residents must ship the gun to a licensed California dealer to complete the transaction. (18 U.S.C.A. § 922.) The recipient dealer must follow state law, by honoring the ten-day waiting period, completing a purchaser background check, and requiring that the purchaser have a handgun safety certificate. (The law exempts licensed dealers, manufacturers, and others.) But this federal law has often not been enforced, due to lack of resources. |
#105
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Here you go homie: https://www.atf.gov/firearms/qa/may-...-another-state Quote:
Last edited by shaocaholica; 03-12-2019 at 1:56 PM.. |
#106
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I think this is where I am getting hung up on. I apologize if this is a bother
"However, the sale may be made if the firearm is shipped to a licensee whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the licensee in his or her State of residence." If it is shipped from FFL to FFL then there is no problem per that statement. So, if my wife buys off roster as a gift and it is now interstate family transfer and thus can be an off roster gun and still sent to an FFL. She would not be bringing it back with her, the purchase happened legally, letter of gift would be sent with the weapon and it all goes thru an FFL. From what I see it meets all the requirements that have to be met. |
#107
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#108
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^^^ No she is not a resident of the=at state. As resident of ca cannot buy off roster from out of state even if shipped here.She cannot dros an off roster firearm here and she cannot intrafmilial any off roster firearm firearm she does not legally own here.
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#109
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But, since she is a CA resident, it has to go to her, as the buyer, delivered at a CA FFL. That will work only if the handgun would be on Roster. She cannot buy it, never take possession, and have it shipped to you as a gift. Neither could your or her parents do that - have to actually buy and own/take possession, then send. CA DOJ inspectors are enforcing the law that way.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#110
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So it all comes down then to possession. Since she would not be able to take possession of it as an out of state resident she is not technically able to send it to me as a gift.
Thank you for helping understand everyone. |
#111
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My father is in the process of moving back to cal from AZ ( I know, i tried talking them out but no luck). He will be transferring some firearms to me. My question is. Does he need to register them first and then transfer? Hes gifted me before through intrafamilial. But now that hes moving back will the process be different?
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#113
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Thanks. They just sold the AZ house and will be staying with me temporarily. Yeah kinda confused. Thye wont be getting a cali license until they purchase a home here. Having him apply twice just dont make sense...thanks
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#114
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Hey all! Question here regarding gifts.
If my dad (Colorado) was to gift me (California) a firearm, does he have to actually own the firearm to gift it to me? Is it possible for him to have it sent to me as a gift without him actually owning the firearm, or would he need to go through the entire process of buying a firearm in Colorado, taking possession of it, and then having it sent to an FFL in California? Looking to get a P320 or something similar which isn't on the CA roster unfortunately. |
#115
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__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#116
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A coworker has a son in Florida that wants to gift him a G43. The LGS he called said they couldn't take an off roster gun, even from his son.
Has anything changed lately, or is this just the gun shop choosing not to do it? And if it is still allowed, are there any shops in Solano County area you know of that would do it? |
#117
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http://wiki.calgunsfoundation.org/in...Family_Members Quote:
Last edited by ezaircon4jc; 06-13-2020 at 8:17 PM.. |
#118
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#119
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Hello Calguns,
I am a CA resident currently visiting my parents here in TX. and my mother purchased an off roster handgun to gift it to me. I called multiple local gun shops in socal, and they told me that sending it to FFL is not needed since my mother purchased the gun face to face for me here in TX where I'm currently visiting. and in my knowledge that, my mother still need to shipped the handgun to an FFL to complete intrafamilial transfer. And I am scared to bring a handgun back home if its not legal for me to do. |
#120
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^^^ Complete fud.She must deliver or ship to ffl here. You cannot take possession till dros done here. Felony for both of you under federal law. Name the ffls that advised you felony is OK.. You are correct in the process involved.
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