Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > SPECIALTY FORUMS > FFL's Forum
Register FAQ Members List Calendar Mark Forums Read

FFL's Forum For open discussion between FFLs and polite questions for FFLs.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-10-2013, 4:06 PM
triplecelectric triplecelectric is offline
Member
 
Join Date: Feb 2010
Location: Valencia, Ca.
Posts: 221
iTrader: 29 / 100%
Default Can visiting out of state parent bring a OL handgun and gift transfer via FFL here?

If my mother comes down from another state to visit and want's to gift me a off list handgun can we do that at an FFL here?

What are my options in getting that gun here?
Reply With Quote
  #2  
Old 02-10-2013, 4:48 PM
Quiet's Avatar
Quiet Quiet is offline
short bus driver
 
Join Date: Mar 2007
Location: the 909
Posts: 18,121
iTrader: 10 / 100%
Default

Quote:
Originally Posted by triplecelectric View Post
If my mother comes down from another state to visit and want's to gift me a off list handgun can we do that at an FFL here?

What are my options in getting that gun here?
Technically, yes.

But, it depends on which CA FFL dealer you use.

Not all CA FFL dealers accept shipments from non-FFLs and not all CA FFL dealers know about the out-of-state intra-familial gift exemption to the Roster of Handguns Certified for Sale.

Therefore...
It is upon you to find a CA FFL dealer that knows how to do out-of-state intra-familial gifts and accepts shipments from non-FFLs, before your mother brings the handgun to CA or ships it to a CA FFL dealer.

Also, the handgun can not be a prohibited weapon (DD/MG/SBR/SBS/assault weapon) or include any large capacity magazines.
__________________


"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).

Last edited by Quiet; 02-10-2013 at 4:50 PM..
Reply With Quote
  #3  
Old 02-10-2013, 5:07 PM
triplecelectric triplecelectric is offline
Member
 
Join Date: Feb 2010
Location: Valencia, Ca.
Posts: 221
iTrader: 29 / 100%
Default

What about if she is here in person and brings the guns with her?
Reply With Quote
  #4  
Old 02-10-2013, 5:29 PM
ke6guj's Avatar
ke6guj ke6guj is offline
Moderator
CGN Contributor
 
Join Date: Nov 2003
Location: 909
Posts: 23,103
iTrader: 42 / 100%
Default

legally no difference between being shipped or being hand-delivered. you have to find an FFL that understands that an interstate intrafamily transfer is roster-exempt.
__________________
Jack



Do you want an AOW or C&R SBS/SBR in CA?

FrontSight Training Course certificates available $25, PM for details on them and other options.
No posts of mine are to be construed as legal advice, which can only be given by a lawyer.
Reply With Quote
  #5  
Old 02-10-2013, 5:36 PM
triplecelectric triplecelectric is offline
Member
 
Join Date: Feb 2010
Location: Valencia, Ca.
Posts: 221
iTrader: 29 / 100%
Default

Ok last stupid question well maybe not but one more. Can my mother ship direct to the FFL with a letter and do you know of any savvy FFl's in the Los Angeles area?
Reply With Quote
  #6  
Old 02-10-2013, 5:40 PM
ke6guj's Avatar
ke6guj ke6guj is offline
Moderator
CGN Contributor
 
Join Date: Nov 2003
Location: 909
Posts: 23,103
iTrader: 42 / 100%
Default

Quote:
Originally Posted by triplecelectric View Post
Ok last stupid question well maybe not but one more. Can my mother ship direct to the FFL with a letter
yes. Once again, it all boils down to the FFL you use.

Quote:
and do you know of any savvy FFl's in the Los Angeles area?
the only guy know out that way and recommend is EBRworks. Michael is going to be up to speed on the law better than most FFLs.
__________________
Jack



Do you want an AOW or C&R SBS/SBR in CA?

FrontSight Training Course certificates available $25, PM for details on them and other options.
No posts of mine are to be construed as legal advice, which can only be given by a lawyer.
Reply With Quote
  #7  
Old 02-10-2013, 5:41 PM
Quiet's Avatar
Quiet Quiet is offline
short bus driver
 
Join Date: Mar 2007
Location: the 909
Posts: 18,121
iTrader: 10 / 100%
Default

Quote:
Originally Posted by triplecelectric View Post
... do you know of any savvy FFl's in the Los Angeles area?
Not in Los Angeles County, but nearby...

RifleGear in Fountain Valley (Orange County).
They know about and do out-of-state intra-familial gifts.
__________________


"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
Reply With Quote
  #8  
Old 02-10-2013, 6:29 PM
triplecelectric triplecelectric is offline
Member
 
Join Date: Feb 2010
Location: Valencia, Ca.
Posts: 221
iTrader: 29 / 100%
Default

You guys are the best thanks again!
Reply With Quote
  #9  
Old 02-11-2013, 10:11 AM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 7,081
iTrader: 5 / 100%
Default

Quote:
Originally Posted by triplecelectric View Post
Ok last stupid question well maybe not but one more. Can my mother ship direct to the FFL with a letter and do you know of any savvy FFl's in the Los Angeles area?
Yes, she can ship directly to a FFL, assuming that it is ok with the FFL.

I can do it and I assume that Fort Courage could also do it, both in Simi Valley.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #10  
Old 02-11-2013, 10:17 AM
farnorcal's Avatar
farnorcal farnorcal is offline
Member
 
Join Date: Sep 2009
Posts: 494
iTrader: 3 / 100%
Default

All you have to do is fill out a single paper and send 19 dollars to doj. Pretty sure you don't even need to go to a ffl
Reply With Quote
  #11  
Old 02-11-2013, 10:19 AM
buster1960's Avatar
buster1960 buster1960 is offline
Member
 
Join Date: Sep 2012
Location: Solano County
Posts: 291
iTrader: 1 / 100%
Default

Quote:
All you have to do is fill out a single paper and send 19 dollars to doj. Pretty sure you don't even need to go to a ffl
I think this is correct.
__________________
NRA Life Member
US Army 1977-1979 12B Combat Engineer
US Navy 1979-1983 Gunners Mate Guns (GMG)

My guns are like my internal organs, I'd have to be dead to be without them.
I don't like repeat offenders, I like dead offenders....Ted Nugent
There are 2 kinds of people, normal and skinny....my Father in Law

Unrestrained children in back seats cause accidents.
Unrestrained accidents in back seats cause children.
Reply With Quote
  #12  
Old 02-11-2013, 10:22 AM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 7,081
iTrader: 5 / 100%
Default

Quote:
Originally Posted by farnorcal View Post
All you have to do is fill out a single paper and send 19 dollars to doj. Pretty sure you don't even need to go to a ffl
Before you give advice, please make sure that it is valid since what you are suggesting is a violation of Federal law. The CA DOJ has been know to say that you can do that, but they don't know the Federal laws. Contact the BATF if you want confirmation that it has to go through a FFL in the buyer's state.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #13  
Old 02-11-2013, 10:28 AM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 32,788
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by farnorcal View Post
All you have to do is fill out a single paper and send 19 dollars to doj. Pretty sure you don't even need to go to a ffl
Quote:
Originally Posted by buster1960 View Post
I think this is correct.
As kemasa has pointed out, no.

Interstate transfer of a handgun requires an FFL in the state of residence of the receiver.

See also the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/Tr...Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/Tr...rms_Interstate
__________________
Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #14  
Old 02-11-2013, 10:31 AM
Von_Richthofen's Avatar
Von_Richthofen Von_Richthofen is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: Jun 2011
Location: Mos Eisley
Posts: 334
iTrader: 5 / 100%
Default

Quote:
Originally Posted by buster1960 View Post
I think this is correct.
Only if both family members are CA residents. Otherwise must use an FFL to transfer, DROS and 10 day wait etc...
Reply With Quote
  #15  
Old 02-11-2013, 10:32 AM
repomanNWP repomanNWP is offline
Senior Member
 
Join Date: Jun 2009
Location: San Diego, CA
Posts: 960
iTrader: 23 / 100%
Default

and just in case, in-laws don't count for intra-familial exemptions. Which unfortunately impacts me.
Reply With Quote
  #16  
Old 02-11-2013, 10:32 AM
paul0660's Avatar
paul0660 paul0660 is offline
In Memoriam
 
Join Date: Jul 2007
Location: Ukiah
Posts: 15,706
iTrader: 34 / 100%
Default

Quote:
All you have to do is fill out a single paper and send 19 dollars to doj. Pretty sure you don't even need to go to a ffl
It should be made clear that this IS the process if the mom and kid are Cali residents. Kid has to pass a backround check, which happens after the form is filed, and needs a HSC.
__________________
*REMOVE THIS PART BEFORE POSTING*
Reply With Quote
  #17  
Old 02-11-2013, 11:06 AM
farnorcal's Avatar
farnorcal farnorcal is offline
Member
 
Join Date: Sep 2009
Posts: 494
iTrader: 3 / 100%
Default

My ffl is spreading fud apparently. I asked about an out of state transfer of an off roster pistol and he printed me out a paper. I better go talk to him. Sorry for the confusion
Reply With Quote
  #18  
Old 02-11-2013, 11:16 AM
buster1960's Avatar
buster1960 buster1960 is offline
Member
 
Join Date: Sep 2012
Location: Solano County
Posts: 291
iTrader: 1 / 100%
Default

Quote:
Only if both family members are CA residents. Otherwise must use an FFL to transfer, DROS and 10 day wait etc...
Got it. I knew I had to be missing something somewhere. Its never that easy.
__________________
NRA Life Member
US Army 1977-1979 12B Combat Engineer
US Navy 1979-1983 Gunners Mate Guns (GMG)

My guns are like my internal organs, I'd have to be dead to be without them.
I don't like repeat offenders, I like dead offenders....Ted Nugent
There are 2 kinds of people, normal and skinny....my Father in Law

Unrestrained children in back seats cause accidents.
Unrestrained accidents in back seats cause children.
Reply With Quote
  #19  
Old 02-11-2013, 12:12 PM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 32,788
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by farnorcal View Post
My ffl is spreading fud apparently. I asked about an out of state transfer of an off roster pistol and he printed me out a paper. I better go talk to him. Sorry for the confusion
Well, he's apparently mistaken - I'm pretty sure it would not have been a deliberate lie for some advantage for him, which is what FUD - fear, uncertainty and doubt - implies.

It's a regular complaint against the DOJ telephone-answerers, too; deal mostly with CA law, Federal law fades into the background.
__________________
Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


Reply With Quote
  #20  
Old 02-11-2013, 3:32 PM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 7,081
iTrader: 5 / 100%
Default

Quote:
Originally Posted by Von_Richthofen View Post
Only if both family members are CA residents. Otherwise must use an FFL to transfer, DROS and 10 day wait etc...
And it is only specific family members: parent/child/grandparent/grandchild.

Quote:
Originally Posted by Librarian View Post
It's a regular complaint against the DOJ telephone-answerers, too; deal mostly with CA law, Federal law fades into the background.
I talked to a person at the CA DOJ about this. She said she would talk to her supervisor about it as the supervisor was telling them the wrong answer. When it crosses state lines, you also need to check with the BATF. Perhaps it will get corrected.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #21  
Old 02-11-2013, 10:09 PM
Quiet's Avatar
Quiet Quiet is offline
short bus driver
 
Join Date: Mar 2007
Location: the 909
Posts: 18,121
iTrader: 10 / 100%
Default

CA DOJ is only concerned about CA state laws and does not care about Federal laws.
Which is the reason why they sometimes give information that complies with CA state laws but violates Federal laws.
__________________


"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun. - Dalai Lama (Seattle Times, 05-15-2001).
Reply With Quote
  #22  
Old 02-12-2013, 10:25 AM
kemasa's Avatar
kemasa kemasa is offline
Calguns Addict
 
Join Date: Jun 2005
Location: Ventura County, CA
Posts: 7,081
iTrader: 5 / 100%
Default

I am not sure that it is that they don't care about the Federal law, I think it is far more likely that they just have not considered Federal law at all. It just does not exist to them. They should realize that if it crosses state lines (in any way), then the person should be told to contact the BATF. The person I talked to said that if the parent came to CA then it could be done that way, but that still ignores the residency.

Then again, the CA DOJ does not consider a CA ID/DL to be proof of residency for handgun purchases. I asked one why and was told that in some cases a person might live in NV, but need a CA DL for their job. The DL should have a NV address on it, which would prove that they are a resident of NV. Also, you can use your CA ID/DL to get a NFS permit, which then could be used for proof of residency, but it really just comes from the CA ID/DL, so it just does not make sense.
__________________
Kemasa.
FFL Transfer/Special Order Dealer since 1993.
Net-FFL list maintainer.

Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein
Reply With Quote
  #23  
Old 02-12-2013, 12:30 PM
Gryff's Avatar
Gryff Gryff is offline
CGSSA Coordinator
 
Join Date: May 2006
Location: Castro Valley, CA
Posts: 10,813
iTrader: 56 / 98%
Default

Quote:
Originally Posted by repomanNWP View Post
and just in case, in-laws don't count for intra-familial exemptions. Which unfortunately impacts me.
But not for your wife. Have it sent and registered to her. Then, when she decides that she doesn't want the gun, she can give it to you via the California resident intrafamilial process, which requires paperwork and a $19 fee, but does not require an FFL.
__________________
My friends and family disavow all knowledge of my existence, let alone my opinions.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 4:13 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.