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  #1  
Old 01-11-2019, 5:48 PM
Bigedski Bigedski is offline
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Default Intra family transfer (Does not work for siblings)

My Sister lives in North carolina and has a pistol that she wants to give me that is not on the California approved list, can it be transferred to me here in California.
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Old 01-11-2019, 5:53 PM
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SkyHawk SkyHawk is offline
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No, not directly. Sibling does not count for off roster exemption. It needs another exemption - single action, single shot, C&R, Olympic etc. If none of those apply, you cannot transfer it from sister.
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Old 01-12-2019, 1:47 PM
Chewy65 Chewy65 is offline
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Like Skyhawk said, a transfer between siblings does not qualify for the family exception. Some consider first transferring to a parent or grandparent who then makes a second transfer to the target sibling. I know of know cases concerning such a transfer, but there is a possibility that such a "perilous work-around" violates PC 27515. See http://wiki.calgunsfoundation.org/in...us_work-around

If the transfer is a violation, an issue arises as to whether out of state persons are subject to a California law. If they make the transfer "to avoid the requirements of any exemption to the provisions of Section 27540 or 27545 (which would include the requirement that the transferor be a defined family member" California could exercise jurisdiction over the out of state person. If they have no idea of the reason for the circuitous transfer some question whether or not they may lack the necessary specific scienter to commit that violation.

A discussion of the likelihood of being prosecuted or the Sate even realizing that your sister first transferred the gun to your parent is off topic for this forum.

Last edited by Chewy65; 01-12-2019 at 1:50 PM..
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Old 01-12-2019, 2:21 PM
Bigedski Bigedski is offline
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Quote:
Originally Posted by Chewy65 View Post
Like Skyhawk said, a transfer between siblings does not qualify for the family exception. Some consider first transferring to a parent or grandparent who then makes a second transfer to the target sibling. I know of know cases concerning such a transfer, but there is a possibility that such a "perilous work-around" violates PC 27515. See http://wiki.calgunsfoundation.org/in...us_work-around

If the transfer is a violation, an issue arises as to whether out of state persons are subject to a California law. If they make the transfer "to avoid the requirements of any exemption to the provisions of Section 27540 or 27545 (which would include the requirement that the transferor be a defined family member" California could exercise jurisdiction over the out of state person. If they have no idea of the reason for the circuitous transfer some question whether or not they may lack the necessary specific scienter to commit that violation.

A discussion of the likelihood of being prosecuted or the Sate even realizing that your sister first transferred the gun to your parent is off topic for this forum.


That's a no go parents are gone.
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Old 01-12-2019, 2:34 PM
edgerly779 edgerly779 is offline
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SOL has always been that way.
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