Intrafamilia Transfers

[FCinCA]

My fiance's dad lives in Wisconsin, and wants to give her some handguns. I know about the Intafamalial law with DOJ but.... Can he ship them to her directly via UPS? How many guns can she take into her possession annually? Any info would be appreciated.

FC

[Matt P]

Can I give a firearm to my adult child? Can he/she give it back to me later?
Yes, as long as the adult child receiving the firearm is not in a prohibited category and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit an Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision

Go here for more answers to these questions:

http://caag.state.ca.us/firearms/pubfaqs.htm#20

[Mssr. Eleganté]

If her father was a California resident then he could transfer any number of handguns to her as long as she was at least 18 years old, was also a California resident, had a valid Handgun Safety Certificate, and she sent in the Operation of Law form with $19 to CalDOJ.

But since her father is not a California resident the transfer will have to go through a California FFL Dealer. Federal law requires it. He will have to UPS or FedEx the handguns to a California FFL Dealer. She will have to go to the Dealer and do all of the paperwork, pay the DROS fee for each handgun, and also pay the Dealer whatever he wants to charge as a fee for doing the transfers.

[bwiese]

Amendment II's got it.

Just because something is legal w/CA doesn't necessarily mean it's legal federally. Gotta keep both sides happy.

[ohsmily]

you were looking for "intrafamilial"....you gave some sort of spanglish version: "intrafamilia".

[FCinCA]

My mistake Ohsmily. As for the DROS... isn't that for a sale not a transfer?

[ohsmily]

Originally Posted by FCinCA

My mistake Ohsmily. As for the DROS... isn't that for a sale not a transfer?

No, a DROS has to be done if it is a transfer from out of state as well. If your fiance's family lived in CA, then they wouldn't have to do a DROS b/c of the intra-familial transfer exception. But, they live out of state and a DROS must be done through an FFL.

They sure don't make it easy do they.....

[TheMan]

Originally Posted by ohsmily

No, a DROS has to be done if it is a transfer from out of state as well. If your fiance's family lived in CA, then they wouldn't have to do a DROS b/c of the intra-familial transfer exception. But, they live out of state and a DROS must be done through an FFL.

They sure don't make it easy do they.....

I don't think anything in the law says they have to do a DROS on an interfamily transfer from out of state.

But they do have to do the federal 4473 forms. The times I've done that, I went ahead and did the DROS as well, just to avoid confusion with the FFL. Maybe someone else could point out any flaws in my reading of these sections of code:

12076
(c) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a firearm that is not a handgun by gift,
bequest, intestate succession, or other means by one individual to
another if both individuals are members of the same immediate family.

12072
(d) Where neither party to the transaction holds a dealer's
license issued pursuant to Section 12071, the parties to the
transaction shall complete the sale, loan, or transfer of that
firearm through a licensed firearms dealer pursuant to Section 12082.

It looks to me like you on a interfamily transfer(regardless of whether or not you are in the same state) you don't have to follow the rules of 12082, which define the PPT transfers. You do still have to follow the federal laws though. I asked the DOJ about this, and not surprisingly, no one answered.