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 11-23-2022, 4:27 PM
TRICKSTER's Avatar
TRICKSTER TRICKSTER is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Palomino Vally, Pah-Rah Mountains, NV
Posts: 12,438
iTrader: 15 / 100%
Default Question about family transfer.

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?
__________________


Never underestimate the power of stupid people in large groups

YES, TDS IS REAL, ORANGE MAN BAD
NRA Benefactor Member
Reply With Quote
  #2  
Old 11-23-2022, 4:33 PM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 43,448
iTrader: 4 / 100%
Default

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.
__________________
When a Long Train of Abuses and Usurpations, Pursuing Invariably the Same Object, Evinces a Design to Reduce Them [I.E. the People] Under Absolute Despotism, It Is Their Right, It Is Their Duty, to Throw off Such Government, and to Provide New Guards for Their Future Security.”
– Declaration of Independence, July 4th, 1776
"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."

- Marcus Aurelius
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.



Reply With Quote
  #3  
Old 11-23-2022, 4:46 PM
TRICKSTER's Avatar
TRICKSTER TRICKSTER is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Palomino Vally, Pah-Rah Mountains, NV
Posts: 12,438
iTrader: 15 / 100%
Default

Quote:
Originally Posted by Librarian View Post
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.
__________________


Never underestimate the power of stupid people in large groups

YES, TDS IS REAL, ORANGE MAN BAD
NRA Benefactor Member
Reply With Quote
  #4  
Old 11-23-2022, 5:00 PM
Quiet's Avatar
Quiet Quiet is offline
retired Goon
 
Join Date: Mar 2007
Location: San Bernardino County
Posts: 28,413
iTrader: 11 / 100%
Default

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.
__________________
Certified Glock Armorer

"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
  #5  
Old 11-23-2022, 5:00 PM
M1NM M1NM is offline
Calguns Addict
 
Join Date: Oct 2011
Location: West Covina
Posts: 7,563
iTrader: 54 / 100%
Default

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.
Reply With Quote
  #6  
Old 11-23-2022, 5:59 PM
TRICKSTER's Avatar
TRICKSTER TRICKSTER is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Palomino Vally, Pah-Rah Mountains, NV
Posts: 12,438
iTrader: 15 / 100%
Default

Quote:
Originally Posted by M1NM View Post
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.
__________________


Never underestimate the power of stupid people in large groups

YES, TDS IS REAL, ORANGE MAN BAD
NRA Benefactor Member
Reply With Quote
  #7  
Old 11-23-2022, 6:59 PM
weekend_fun weekend_fun is offline
Senior Member
 
Join Date: Dec 2012
Location: NorCal, East Bay
Posts: 1,741
iTrader: 93 / 100%
Default

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
__________________
==================================
Do you know someone who wants to buy or sell a house? I'm a CA RE Broker; please let me know how I can help?
Reply With Quote
  #8  
Old 11-24-2022, 9:01 AM
XxWoodsHunterxX's Avatar
XxWoodsHunterxX XxWoodsHunterxX is offline
Senior Member
 
Join Date: Nov 2009
Location: Nor Cal
Posts: 1,678
iTrader: 23 / 100%
Default

Quote:
Originally Posted by TRICKSTER View Post
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


Sent from my iPhone using Tapatalk
Reply With Quote
  #9  
Old 11-24-2022, 5:05 PM
1911-CV 1911-CV is offline
Member
 
Join Date: Apr 2018
Posts: 498
iTrader: 25 / 100%
Default Where are you in CA?

If you tell us where you are visiting in CA we may be able to recommend an FFL who knows what they are doing.
Reply With Quote
  #10  
Old 11-27-2022, 10:55 AM
TRICKSTER's Avatar
TRICKSTER TRICKSTER is offline
I need a LIFE!!
 
Join Date: Mar 2008
Location: Palomino Vally, Pah-Rah Mountains, NV
Posts: 12,438
iTrader: 15 / 100%
Default

Quote:
Originally Posted by 1911-CV View Post
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.
__________________


Never underestimate the power of stupid people in large groups

YES, TDS IS REAL, ORANGE MAN BAD
NRA Benefactor Member
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 4:55 AM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2022, 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 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy