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  #1  
Old 10-28-2012, 1:35 PM
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Default Intrafamilial AR pistol transfer, please help...

FFLs,

My father built a couple of AR pistols in Louisiana and has 1 extra receiver that he wants to give me when he comes to visit for Christmas. Please answer:

1. Does it have to be registered as a pistol in Louisiana? Does it have to say pistol on the side?

2. Will he be able to transfer it to me as an AR pistol receiver so that I can build an AR pistol?

3. Do we even have to do a FFL transfer for this? If no, how do I make sure it is recognized as a pistol lower by the CADOJ?

All responses are greatly appreciated!!!

Thomas
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Last edited by thomasesmith3; 10-28-2012 at 5:29 PM..
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Old 10-28-2012, 6:07 PM
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for one the intrafamiliar transfer is for pistols only, so if you submit the paper work it would be assumed.

second, i may be wrong here, from out of state i believe the trasnfer has to happen through an FFL. I have done a few intra transfers myself, but me and my father are both CA residents. (not ar pistols) BUT i do know that these transfers are exempt from the list. (i did one with an XDM)

i would try to see if he can give you a lower that is stamped "pistol", will help alot when people at a range see you blastin away with that short barrel.

I am NOT an ffl, just have worked for one, and have alittle experience, hopefully someone more in the know can chime in.
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Old 10-28-2012, 8:13 PM
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Quote:
Originally Posted by thomasesmith3 View Post
FFLs,

My father built a couple of AR pistols in Louisiana and has 1 extra receiver that he wants to give me when he comes to visit for Christmas. Please answer:

1. Does it have to be registered as a pistol in Louisiana? Does it have to say pistol on the side?

2. Will he be able to transfer it to me as an AR pistol receiver so that I can build an AR pistol?

3. Do we even have to do a FFL transfer for this? If no, how do I make sure it is recognized as a pistol lower by the CADOJ?

All responses are greatly appreciated!!!

Thomas
I'm not an FFL

1) As long as its not registered (or built) as anything with a shoulder stock on it, it can likely legally be built into a pistol. There is no requirement that a pistol be labeled as such (look at all the rest of your pistols if you have any.)

2) If you can find an FFL in CA willing to DROS it to you as an interstate intrafamillial roster-exempt pistol. The Federal 4473 would be an other/receiver. Ordinarily it wouldn't be possible to DROS it as a handgun in CA due to the roster, but intrafamillial is exempt.

3) ALL interstate transfers of firearms are required to go through an FFL.

I think from a purely legal perspective (considering both federal and CA law) this is totally doable. The hard part will be finding an FFL willing to do the transfer.

Even with getting a receiver for free as a gift from your father, I think there are less expensive alternatives to acquiring an AR Pistol in CA.
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Old 11-03-2012, 9:58 AM
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still need FFL to clarify plz....
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Old 11-03-2012, 10:26 AM
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You have your answer. You don't need a FFL to clarify. It will need to be CA compliant and go through a CA FFL according to federal law. I suggest finding a FFL who is willing to do the transfer and find out what he/she will require and charge for the transfer.
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Old 11-03-2012, 12:06 PM
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Originally Posted by CSACANNONEER View Post
You have your answer. You don't need a FFL to clarify. It will need to be CA compliant and go through a CA FFL according to federal law. I suggest finding a FFL who is willing to do the transfer and find out what he/she will require and charge for the transfer.
What he said.
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Old 11-03-2012, 12:11 PM
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My understanding is as long as your dad brings it and presents it to you here in California than NO FFL is needed Just the DOJ form lntrafamiliar form. I would call Ca Doj to get a more accurate answer but keep in mind that Federal laws differ from State. Don't forget, None of us are lawyers so good luck with your potential toys. However, you are not allowed to go there to pick it up!
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Old 11-03-2012, 12:24 PM
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Originally Posted by Mp5marley View Post
My understanding is as long as your dad brings it and presents it to you here in California than NO FFL is needed Just the DOJ form lntrafamiliar form. I would call Ca Doj to get a more accurate answer but keep in mind that Federal laws differ from State. Don't forget, None of us are lawyers so good luck with your potential toys. However, you are not allowed to go there to pick it up!
Your understanding is wrong. Federal law mandates that the transfer between residents of different states, no exception is made for family, needs to go through a FFL in the state of the receiving party and that all laws of BOTH states must be complied with as well. There are certain exceptions for long gun transfers between residents of a few states. But, those exceptions do not apply here.
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Old 11-03-2012, 1:29 PM
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Just contacted an FFL here in Monterey, intrafamilial exemption applies to everything except the interstate transfer. But, even though I could not buy the "pistol" lower here as a civilian, it can be transferred this way. Cost is $35.00
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Old 12-19-2012, 8:01 PM
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Quote:
Originally Posted by mej16489 View Post
I'm not an FFL

1) As long as its not registered (or built) as anything with a shoulder stock on it, it can likely legally be built into a pistol. There is no requirement that a pistol be labeled as such (look at all the rest of your pistols if you have any.)

2) If you can find an FFL in CA willing to DROS it to you as an interstate intrafamillial roster-exempt pistol. The Federal 4473 would be an other/receiver. Ordinarily it wouldn't be possible to DROS it as a handgun in CA due to the roster, but intrafamillial is exempt.

3) ALL interstate transfers of firearms are required to go through an FFL.

I think from a purely legal perspective (considering both federal and CA law) this is totally doable. The hard part will be finding an FFL willing to do the transfer.

Even with getting a receiver for free as a gift from your father, I think there are less expensive alternatives to acquiring an AR Pistol in CA.
Please give examples. Thank you.
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