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  #1  
Old 09-17-2017, 4:54 PM
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Default Question about Interstate Familial Transfer - FFL

Family member lives out of state and is being transferred (military) to Europe for 2-3 years in November. He has about 8 firearms (mostly long guns). His parents live here in CA and he is considering bringing them here and to transfer them to his Father. Obviously this needs to go through an FFL as it's coming out of state to CA.

My question for our Calguns FFL's is, are the FFL fees (not DROS) any different for Familial transfers? I am reading there are no guidelines either Federal or State and it's up to the FFL.

Input is appreciated as he's weighing whether to just sell them since he is in a state that allows private sales without an FFL or bring them here for transfer.

Appreciate any input.
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Old 09-17-2017, 7:13 PM
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Originally Posted by aws1963 View Post
My question for our Calguns FFL's is, are the FFL fees (not DROS) any different for Familial transfers? I am reading there are no guidelines either Federal or State and it's up to the FFL.
There's no cap to what the transfer fee can be and it is up to the individual FFL to determine what that it.
So, the fees will vary depending on the CA FFL dealer.
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Old 09-17-2017, 8:07 PM
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When we do multiple firearms and, we charge $75 for the first one and $10 for each subsequent during the same session.

The only problem would be multiple handguns and 1 in 30. If there were three handguns, it would take three months and I would charge the full transfer fee 3 times, with the five long guns going with the first handguns DROS for an additional fifty bucks.

Now, does he really need to transfer them into his father's name? The answer is not really. He can store them at his parents house in definitely, couldn't he?
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Old 09-17-2017, 8:14 PM
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Now, does he really need to transfer them into his father's name? The answer is not really. He can store them at his parents house in definitely, couldn't he?
Only if they are locked up and his parents do not have access.

And in any event, all of the guns must be California-legal, compliant with AW laws. Being in the service, I would imaging he may have a couple of AR pattern rifles.
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Old 09-18-2017, 3:06 PM
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Now, does he really need to transfer them into his father's name? The answer is not really. He can store them at his parents house in definitely, couldn't he?
Is this an option as he would be bringing them in from out of state?

Could he store them at my house as long as he is the only one with access to his safe? My in-laws are not gun people (not anti's, just don't have any). How would I prove he is the only one with access if a question ever came up.

My wife (his sister) as I read CADOJ regulations is not eligible for familial transfers (ridiculous if you ask me) so I am questioning if they can even be in our home under the above conditions (he only has access). Is this a CADOJ regulation or Federal?

No so called "AW's". Mainly bolt action hunting rifles and shotguns. He get's to play with the real thing daily.

Sorry for the question barrage, but we are trying to figure out what is possible. And I'm tired of hearing his laughter about all the BS we get to deal with in this God Forsaken state (He lives in WY). Figure you FFL's would be the best resource.
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Old 09-18-2017, 4:22 PM
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Originally Posted by aws1963 View Post
Is this a CADOJ regulation or Federal?
Here it's a Federal issue.

Out-of-state resident (the one going to Europe) to CA resident is an interstate transfer, so Feds are involved.

Interstate transfer requires an FFL.

Some of us think the no-access storage option is similar enough to BATF instructions on shipping a gun to oneself that it ought to work for storage.

As to proving it, it remains difficult to prove a negative; the owner's assertion that s/he did not give the key/combination to anyone else would need to suffice.

In this case, probably would. If there were a prohibited person around the stored guns, somewhat more affirmative measures - I can't guess what - might be needed to satisfy parole officers and such.
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Last edited by Librarian; 09-18-2017 at 4:24 PM..
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  #7  
Old 09-18-2017, 4:28 PM
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Only CA PPTs are fee limited.

While it is not quite true, they would have to prove that you had access. Unless they can show that you opened the safe, it would be hard to claim that you had access. If you want to be paranoid, make sure that the safe also uses a key, in addition to a combination, then they would have to find the key in your possession. That is not to say that they could not charge you, it just would be hard to prove in court.

Personally, I think it is best to not transfer them as then the state gets money and the firearms would have to be transferred again. If he is not a CA resident, then it would mean that the firearms would have to be shipped or transported to the state where he is a resident to a FFL in that state. He could not transport the firearms himself.
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Old 09-18-2017, 4:37 PM
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I really don't want him to transfer them. That's a whole different can of worms.

So let me spell out what I think we can legally do and if I'm treading on legal thin ice, please let me know.

B.I.L. brings weapons here (he is driving out in Oct. to say bye to family). All are CA compliant. No "AW's" as our state defines them.

Buys a CA compliant safe.

Loads his firearms in it and does NOT provide the combination to anyone leaving it at my in-laws (his parents) house while he is overseas.

When he returns, he comes to pick them up and takes them back to WY.

Any concerns here?
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Old 09-18-2017, 4:49 PM
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That is the way to do it. They should also not mention what is in the safe, just things that he wanted to store while he was out of the country. The dust on it should show no one is accessing it :-).
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  #10  
Old 09-18-2017, 4:56 PM
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Perfect.

One more question. Would it change legality if it was at my home? Same "no access" criteria, only it would make my in-laws more comfortable. I can tuck it in a closet in the spare bedroom and forget about it.

I'm assuming it's about access and not actual location correct?
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Old 09-18-2017, 5:49 PM
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The location does not matter. He could rent a storage unit, but I would not suggest that if he wants the stuff back as there seems to be quite a few breakins.
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  #12  
Old 09-18-2017, 5:51 PM
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apparently 1 in 30 applies
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  #13  
Old 09-18-2017, 5:59 PM
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Yes, unless it is exempt, such as a CA PPT, which can not occur in this case since the owner is not a CA resident.
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  #14  
Old 09-18-2017, 6:25 PM
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Thanks kemasa for your help. I have a spare bedroom that is not used and I will have him put the CA approved safe in the closet. He can load it, shut it and only he will have access. He can haul it all back to WY when he is done.
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