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Intra-familial Transfer Came Back Incomplete
I transferred a couple firearms to my son last year, and we reported the transfer via mail using the intra-familial form. 11 months later he just received a letter saying that it was incomplete. We followed all direction on the form.
The letter says: Please provide pictures for your firearm. Please ensure they are clear full length pictures of both sides of the firearm and include at least one close up that shows the serial number, magazine release, make, and model. Please resubmit your CRIS Reporting Form with the pictures to expedite processing. This is for a Ruger PC carbine. The second firearm is a Glock which we did not receive a letter for. They want us to resubmit the form by mail. Why are they asking for pictures? Is that common? I should have used the CFARS site in the first place. Can I now resubmit there? Looking for advice on this one. It has been almost a year for them to respond and I don't want them blaming the delays on us. |
#2
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There is no legislative or regulatory authority for that request.
Reply; ask them for the legislative or regulatory authority. Stories here so far suggest they fold and complete the registration.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#5
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And pay another $20? No, just do as Librarian suggested. This same DOJ fishing expedition has happened to multiple others before you. They have no legal basis to even make such a ludicrous demand. You were required by statute, to file the OPLAW form, and pay the fee. Both of which you have done. Check bank statement. As soon as they cash the check. They have no legal recourse other than entering your sons 2 guns into AFS. |
#6
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I found it amusing...the $20 check missing.
Going to re-submit on CFARs. When I do, it is going to ask when the transfer took place. Should I include this letter to show that we have been trying for a year? So they don't say we didn't report it within the 30 days? Edit...the reply above came as I was typing this. Reply by mail again or CFARs? I checked my bank records, the check has not been cashed. Last edited by SBC400; 05-21-2022 at 5:23 PM.. |
#7
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It may take a month or more before they deposit the fee check. |
#8
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Several have been through this. Many have responded like Librarian suggests. I don't think I've seen a case where anyone reported any outcome other than a letter stating the request had been processed. There are a few threads about it. One here: https://www.calguns.net/calgunforum/....php?t=1516512
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#9
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I don't get it. If providing the requested pictures poses no problem, why not just do so? I have no experience with this type of thing, but would enclose a polite letter to the effect that you believe you have done everything required by law to affect a transfer of the carbine, enclose the requested photos, and DOJ believes further need be done ask them what remains to be done and that it provides authority for their position. Also, why you need pay a second fee when each firearm was included on the first application.
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#10
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Neither law no regulations require photos for this particular transaction. All that SBC400 need to do is type up letter telling DOJ that he complied and ask DOJ to provide reference to their requirement. Put everything in envelope and send back to DOJ. In two or three month he will get letter from DOJ with approval. I have personally done this and number of other CGN members done it too. Plenty of threads on the subject. No second fee is needed. |
#11
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I got a similar response to my new resident registration. I submitted by paper. They asked for photos of my M1 Garand, both sides, blah, blah, and the magazine release
I contacted them by email and they said paper forms can only have paper responses, so I wrote them a polite note by hand (printer was broken at the time). I basically said "I don't understand why you are asking for photos. Also, an M1 rifle doesn't have a mag release." And mailed it back to them. A couple months later I received my completed registration |
#12
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The problem, to any liberty loving citizen of the United States. Is that the DOJ is tasked with assuring that people follow the laws as written in Ca. But has refused to follow the law as written themselves. And is making extra-legal demands of citizens. BEFORE, they will complete the job the were already payed the fee to finish. That is easily defined and construed as extortion. Quote:
OP asked; Quote:
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#13
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After reading so many horror stories of Failed family transfers. Or big road blocks, like in this post. Most issues revolve around just not getting any proof of transfer. I say it's best just to go to your favorite FFL or local gun shop. And do a privet party transfer. Won't cost you that much more. And it's done in 10 days.
I love my family and trust them 100%. But gifting or swapping guns. Then sitting around for 8 months. Wondering who's gun it is. Is not fun. |
#14
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#16
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Presuming the transaction is between two non-prohibited CA-resident family members in the parent/child or grandparent/grandchild relationship (or husband/wife), the intrafamilial transfer paperwork documents a transfer that has already occurred. Your legal obligation is to file the information and pay the fee. It's Penal Code 27875(a)(3): Quote:
There are a few, relatively rare cases where a bit of 'waiting' might be useful - 1 - If the transfer is a handgun, the receiver wants to add that gun to his/her CCW, and that CCW-issuing agency demands that the gun on the license be registered to the carrier in California's Automated Firearms System (AFS) or 2 - the receiver wants to immediately sell the gun through a CA FFL; there can be a sequencing problem where the FFL sale is entered before the intrafamilial transfer is entered, which confuses DOJ but really has no effect on the legality of anything. And, for those kinds of cases, creating a CFARS id and running the transaction on-line through that interface will substantially cure those concerns.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. Last edited by Librarian; 06-16-2022 at 7:39 PM.. |
#17
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Last edited by Chewy65; 06-17-2022 at 9:39 PM.. |
#18
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Thanks for the post. My son is giving me some pistols and we will have to fill out the forms. I'll remember to include pictures of the pistol.
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Spreading the WORD according to COLT. and Smith, Wesson, Ruger, HK, Sig, High Standard, Browning |
#19
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Don't do more than the law requires. There is no legal basis for the DOJ to ask for pictures; politely tell them to pound sand.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#21
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It would be nice of you to also include photos of your birth certificate, social security number, credit cards numbers and combination to your gun safe, just in case.
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#22
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I got the same letter a month ago for my M1A. They requested photos. I sent them through the cfsrs and then got a complete letter in the mail.
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Cartridgecalls, Predator and Big game calls made from cartridges. www.cartridgecalls.com |
#23
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I do it to protect him, not me.
__________________
Spreading the WORD according to COLT. and Smith, Wesson, Ruger, HK, Sig, High Standard, Browning |
#25
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Good for you. What certain folk don't realize is that the employment situations of some of us can be seriously disturbed if they insist on standing on their rights, when an issue can easily be put to rest by volunatrily complying with "requests".
Then again, there are times when I agree with taking a hard stance on "requests". |
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