Question about family transfer.

[TRICKSTER]

I am a California escapee currently living in Nevada visiting my daughter in CA who is a
CA resident. I brought a Springfield Hellcat with me with the intention of gifting it
to her. With the exception of being off roster, the gun and magazines are CA legal.
We went to her LGS this afternoon to transfer the gun and we were told that
they couldn't do the transfer since I was Nevada resident but that all my daughter had to do
is go on CFARS and fill out the Family transfer form online. Is this correct? I haven't kept up with CA laws since I left?

[Librarian]

No, they were NOT correct.

You seem to be a resident of NV now, or at least not a resident of CA, while your daughter is a resident of CA.

FedLaw says that's an interstate transfer, and must run through an FFL, and since it's a handgun, must be a CA FFL.

Since its parent-child, it is intrafamilial, so Roster exempt.

Find another FFL.

[TRICKSTER]

Originally Posted by Librarian

No, they were NOT correct.

You seem to be a resident of NV now, or at least not a resident of CA, while your daughter is a resident of CA.

FedLaw says that's an interstate transfer, and must run through an FFL, and since it's a handgun, must be a CA FFL.

Since its parent-child, it is intrafamilial, so Roster exempt.

Find another FFL.

Thanks that's what I thought.

[Quiet]

Not all CA FFL dealers know about or how to conduct an out-of-state intra-familial gift transfer.

So, finding a CA FFL dealer that knows how to do this is the first step that needs to be done for this to accomplished in accordance with all Federal and CA laws.

[M1NM]

How long ago did you escape? What ties do you have to CA? Property ownership, car registered here, registered to vote (did you specifically cancel it)? There are lots of reasons CA may still consider you a resident which would mean an off roster gun won't be able to be transferred.
Fed law does require it be delivered through a CA FFL. It is not a PPT even if you are both there since only she is a CA resident. You'll need to pay the FFL his receiving fee ($25-150 - pays to shop around). It can be shipped to the FFL or you can hand deliver it - again his rules will prevail. There will be a DROS fee and 10 day wait. If she is married have her bring her birth certificate along showing her maiden name to settle family question.

[TRICKSTER]

Originally Posted by M1NM

How long ago did you escape? What ties do you have to CA? Property ownership, car registered here, registered to vote (did you specifically cancel it)? There are lots of reasons CA may still consider you a resident which would mean an off roster gun won't be able to be transferred.
Fed law does require it be delivered through a CA FFL. It is not a PPT even if you are both there since only she is a CA resident. You'll need to pay the FFL his receiving fee ($25-150 - pays to shop around). It can be shipped to the FFL or you can hand deliver it - again his rules will prevail. There will be a DROS fee and 10 day wait. If she is married have her bring her birth certificate along showing her maiden name to settle family question.

Left a little over a year ago. Still own a couple of pieces of land in CA that are for sale but all DMV, voting info and primary residence for tax purposes are in Nevada and all of the appropriate CA State and county agencies were notified.

[weekend_fun]

Op per the insights above, standard process for an ffl to process.

You could go back to your initial ffl,
And ask they call the doj helpdesk. There's a simple process and support docs

[XxWoodsHunterxX]

Originally Posted by TRICKSTER

I am a California escapee currently living in Nevada visiting my daughter in CA who is a
CA resident. I brought a Springfield Hellcat with me with the intention of gifting it
to her. With the exception of being off roster, the gun and magazines are CA legal.
We went to her LGS this afternoon to transfer the gun and we were told that
they couldn't do the transfer since I was Nevada resident but that all my daughter had to do
is go on CFARS and fill out the Family transfer form online. Is this correct? I haven't kept up with CA laws since I left?

Unfortunately you found the bad apple in the bag of ffls. Not everyone cares to do their homework when starting a business


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[1911-CV]

If you tell us where you are visiting in CA we may be able to recommend an FFL who knows what they are doing.

[TRICKSTER]

Originally Posted by 1911-CV

If you tell us where you are visiting in CA we may be able to recommend an FFL who knows what they are doing.

Grass Valley.