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  #1  
Old 06-12-2009, 8:53 PM
BRO BRO is offline
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Default Giving a pistol to my nephew out of state

If I give one of my pistols to my nephew who lives in Texas and I live in San Diego, am I correct in thinking I still have to go through an FFL? If so, are there any FFL's in San Diego that will handle such a transaction or should I just go through a place like Turner's? I am looking for the cheapest legal way of transferring the pistol to him.
Texas is a free State so does he still have to provide an FFL to receive the pistol? I was hoping I could surprise him, but I suspect I can't. Thanks in advance for any help.
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Old 06-13-2009, 2:58 AM
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Yes, you will have to do the transfer through an FFL in your nephew's State of residence. Federal law says that firearms transfers between two residents of different States have to go through an FFL, and that you can only acquire handguns in your State of residence.

You can ship the pistol to an FFL in Texas that is close to your nephew and then your nephew would pick it up from that FFL after doing the paperwork.

Legally, you can ship the handgun to the Texas FFL yourself, but some FFL's have a policy of only receiving shipments from other FFL's. In that case, your nephew could either find another FFL or you could pay a California FFL to ship the gun to the Texas FFL for you. Check with the receiving FFL in Texas first to see from whom they will receive firearms shipments. The Texas FFL is also going to charge a fee to receive the handgun and transfer it to your nephew. Luckily Texas FFL's don't seem to charge as much for this service as California FFL's do

It's against the law for you to ship a handgun via the US Mail, so you would have to ship it via UPS or FedEx. Both of these companies require that non-FFL's ship handguns through their "next day air" or "overnight" services. This might cost you around $60. Dealers can ship handguns to other Dealers via US Mail, so if you pay a California FFL to ship the handgun to a Texas Dealer then they can use USPS for a lot less money. But you are going to have to pay the California FFL a fee to ship the gun, so it might end up costing you the same, and you will be stuck with USPS lame package tracking instead of UPS or FedEx good package tracking.
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Old 06-13-2009, 5:18 PM
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Thanks Mssr. Elegante' for the information. I assume that once the paper work is completed in Texas they can send me a copy of the paper work to prove that I do not own the pistol any longer. I don't think anything will happen but one never knows.
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Old 06-13-2009, 7:34 PM
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Quote:
Originally Posted by BRO View Post
I assume that once the paper work is completed in Texas they can send me a copy of the paper work to prove that I do not own the pistol any longer.
I've never heard of an FFL doing that. There is really no reason to do it. If the gun was ever used in a crime somewhere down the road and the cops traced the gun to you after they recovered it from the crime scene, you would just tell them that you transfered the gun to the out of state FFL. The cops can then check with that FFL to see who he transfered it to. They do this all the time when they are tracing a gun.

If you have some piece of paper saying you transfered it to the out of state FFL, the cops are going to check up on it just the same anyway, so you aren't saving them any time.
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Old 06-13-2009, 10:40 PM
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Once the gun is transferred, sent this form in to DOJ.
http://ag.ca.gov/firearms/forms/pdf/BOF4546NLIP0209.pdf
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Old 06-15-2009, 10:25 PM
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Thanks Trickster, I will do that.
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