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  #1  
Old 11-02-2019, 9:23 PM
krb krb is offline
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Default Accepting an intra-familial gift from out of state

Hello!
Question - I know if the gift comes from out of state it has to be FFL to FFL. Is such a gift liable to the 1-in-30 rule? My understanding is no but my FFL says yes. I found something on the internet about it but I was wondering if someone can point me to a definitive law that says I am exempt.
Thank you!
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  #2  
Old 11-02-2019, 9:55 PM
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Originally Posted by krb View Post
Hello!
Question - (1) I know if the gift comes from out of state it has to be FFL to FFL.

(2)Is such a gift liable to the 1-in-30 rule?

My understanding is no but my FFL says yes. I found something on the internet about it but I was wondering if someone can point me to a definitive law that says I am exempt.
Thank you!
1) No, that's not accurate; that may be a business policy of your FFL.

2) CADOJ inspectors have been telling CA FFLs that such transfers are exempt from 1-in-30.
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There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


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Old 11-02-2019, 10:03 PM
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Originally Posted by Librarian View Post
1) No, that's not accurate; that may be a business policy of your FFL.

2) CADOJ inspectors have been telling CA FFLs that such transfers are exempt from 1-in-30.
Hi. My understanding - what I was told if I recall correctly by DOJ but also by at least one FFL - that if it is coming in from out of state (interstate transfer) has to go through FFL. If it is transferring from in state FFL is not necessary. I was thinking I could travel to my parents, fill out the CA form, accept it in MI, then they would be mine and I could bring them in myself. I would think that is OK but it would be physically easier for everyone just to get them shipped.

I told my FFL that they should be exempt. I looked stuff up online too but what I found from the CA-DOJ was a few years old. He told me not exempt. I am confident he is wrong, but I am playing by his rules. I just emailed him what I found from the CA-DOJ and hopefully he will agree. Otherwise I may find another FFL.

Anyone you would recommend around the Encino area? I'd be willing to drive medium far but not super far. Like anywhere around LA (Burbank, DTLA, Ventura).

Thanks!
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  #4  
Old 11-02-2019, 10:04 PM
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Originally Posted by Librarian View Post
1) No, that's not accurate; that may be a business policy of your FFL.

2) CADOJ inspectors have been telling CA FFLs that such transfers are exempt from 1-in-30.
Oh do you have anything from the CA DOJ that says 1-in-30 is exempt?
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  #5  
Old 11-02-2019, 10:31 PM
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Originally Posted by krb View Post
Hi. My understanding - what I was told if I recall correctly by DOJ but also by at least one FFL - that if it is coming in from out of state (interstate transfer) has to go through FFL.
For interstate transfer of handguns, must go through an FFL in the receiver's state. But it is not the law it must be shipped from an FFL. Legally, a father could ship directly from out of state to a CA FFL to give a gun to his son, or he could walk in to an FFL with his son to do the transfer - presuming the CA FFL is willing.

As to the law permitting interstate intrafamilial to avoid 1-in-30, I can't help you - it's my opinion that the inspectors are acting incorrectly, but since they didn't ask me, my opinion is unimportant.

See the sticky in this forum: http://www.calguns.net/calgunforum/s....php?t=1058641
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No one will really understand politics until they understand that politicians are not trying to solve our problems. They are trying to solve their own problems - of which getting elected and re-elected are number one and number two. Whatever is number three is far behind.
- Thomas Sowell
I've been saying that for years ...

There is no value at all complaining or analyzing or reading tea leaves to decide what these bills really mean or actually do; any bill with a chance to pass will be bad for gun owners.

The details only count after the Governor signs the bills.


Gregg Easterbrook’s “Law of Doomsaying”: Predict catastrophe no later than ten years hence but no sooner than five years away — soon enough to terrify people but distant enough that they will not remember that you were wrong.


Not a lawyer, just Some Guy On The Interwebs.



Last edited by Librarian; 11-02-2019 at 10:35 PM..
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Old 11-02-2019, 10:56 PM
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Thank you! I just emailed a few others to see who thinks 1-in-30 is or is not applicable and I’ll go wherever they say it’s not applicable. Thank you!
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Old 11-02-2019, 11:30 PM
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1 in 30 does not apply to interstate intrafamily - IIRC there is a memo in DES about it. And they do *not* have to come from a FFL. Your local FFL may have a different policy but there is no state or fed law preventing the gifter from personally shipping or personally delivering the gun to the recipient FFL.
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Last edited by SkyHawk; 11-02-2019 at 11:33 PM..
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Old 11-03-2019, 1:09 AM
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We have been successful on multiple occasions with CA DOJ accepting 1-30 exemption for interstate intrafamilial transfers. They do spot check and ask us Why a person is exempt and on multiple occasions we notify them because of
Quote:
SB 15 Exempt - 27870PC intrafamily transfer, 12133PC Roster Exempt; Operation of Law 1-in-30 Exempt
That has been acceptable so far.
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Old 11-03-2019, 9:28 AM
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Originally Posted by ugimports View Post
We have been successful on multiple occasions with CA DOJ accepting 1-30 exemption for interstate intrafamilial transfers. They do spot check and ask us Why a person is exempt and on multiple occasions we notify them because of


That has been acceptable so far.
Thanks. Are you an FFL? Where are you located? Anywhere near the San Fernando Valley/LA?
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  #10  
Old 11-03-2019, 10:22 AM
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Quote:
Originally Posted by ugimports View Post
We have been successful on multiple occasions with CA DOJ accepting 1-30 exemption for interstate intrafamilial transfers. They do spot check and ask us Why a person is exempt and on multiple occasions we notify them because of


That has been acceptable so far.
Just saw Fremont...
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  #11  
Old 11-03-2019, 10:41 AM
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Just saw Fremont...
Yup sorry.
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  #12  
Old 11-03-2019, 10:42 AM
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Just saw Fremont...
Check with Kemasa (he may see this thread as well). I think he's in Simi Valley, not sure who else is near'ish to you.
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  #13  
Old 11-03-2019, 1:00 PM
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Check with Kemasa (he may see this thread as well). I think he's in Simi Valley, not sure who else is near'ish to you.
Thank you. I just PM'd him...
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