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  #1  
Old 09-14-2019, 6:01 PM
bczrx bczrx is offline
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Default Interstate Interfamilial, with parents visiting.

I know I can use interfamilial form for guns from dad to me without an FFL- if he lives in the state.

My Dad lives in another state. He has a couple rifles, and a shotgun, that he'd like to give me.

None are even close to running into prohibited status [WWII C&R, 1950s lever action with 20" barrel, 'normal' semi-auto shotgun, and maybe great-grandma's bolt hunting rifle].

NO handguns are involved, so the 'list' doesn't apply.

Normally, the rule is ship to an FFL form his state, and I DROS them.

Can he just bring them, and go to the FFL with me to do a PPT there, as if he had shipped them?

It seems silly to ship them when he is driving through- and the intent IS to DROS them at an FFL.

Thoughts, please.
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Old 09-14-2019, 6:13 PM
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Federal laws requires the use of a FFL for the transfer because it is between residents of different States.

It is up to the individual FFL on how they want firearms delivered to them.
^Shipping only via FFL, shipping only from FFL or private party, in-person delivery.

Therefore...
1. You need to find a CA FFL dealer that knows about and is willing to facilitate an out-of-state intra-familial transfers.
2. Once you find that CA FFL dealer, you need to find out if they will accept the imported firearms being delivered to them, in person, by the non-resident.
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Old 09-14-2019, 6:37 PM
bczrx bczrx is offline
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Thank you

I knew an FFL was going to be involved- no worries there.

However, just wondering about if we can show up to do PPT, or if it has to be shipped in.

I'll check with my Friendliest LGS Monday.

Thanks.
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Old 09-14-2019, 6:44 PM
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INTRA-familial!

Quote:
intra-
/ˈintrə/
prefix
prefix: intra-
(added to adjectives) on the inside; within.
"intramural"
vs

Quote:
inter-
/ˈin(t)ər/
prefix
prefix: inter-
1. between; among. "interagency"
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Old 09-14-2019, 6:45 PM
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Shipment via common carrier not required. Your father would be acting as the shipper in the in person delivery.

However, it doesn't matter what I say. It matters what your FFL will accept.
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Old 09-14-2019, 8:15 PM
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Quote:
Originally Posted by readysetgo View Post
INTRA-familial!



vs
True, my typo.

Quote:
Originally Posted by ugimports View Post
Shipment via common carrier not required. Your father would be acting as the shipper in the in person delivery.

However, it doesn't matter what I say. It matters what your FFL will accept.
Thanks. As long as I know it is legal, I am able to help my LGS find the legal answer. 2 of the 3 in town won't touch it, I am sure. However, one is usually good with this stuff for me.

Heck, they gave me a copy of their FFL for ordering C&R firearms and having them shipped straight to them. Now, of course, it also requires COE stuff.
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Old 09-14-2019, 8:45 PM
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Quote:
Originally Posted by bczrx View Post
Thank you

I knew an FFL was going to be involved- no worries there.

However, just wondering about if we can show up to do PPT, or if it has to be shipped in.

I'll check with my Friendliest LGS Monday.

Thanks.
Yes he can bring it *if* the FFL is willing to accept it.

It will not be a PPT. Don’t call it that, don’t ask for that. It will be a dealer transfer, from a non-licensee who lives out of state but wants to deliver in person. Be prepared to pay more in transfer fees, because they are not regulated like PPT fees.

Also, since you are not trying to get a roster exemption, don’t confuse the issue by asking for an intra-family transfer. You can mention it is your dad if that gives them warm and fuzzies about the source of the gun, but this transfer is also not technically intra-family. That only applies if a roster exemption is needed.
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  #8  
Old 09-14-2019, 8:57 PM
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Quote:
Originally Posted by SkyHawk View Post
Yes he can bring it *if* the FFL is willing to accept it.

It will not be a PPT. Donít call it that, donít ask for that. It will be a dealer transfer, from a non-licensee who lives out of state but wants to deliver in person. Be prepared to pay more in transfer fees, because they are not regulated like PPT fees.

Also, since you are not trying to get a roster exemption, donít confuse the issue by asking for an intra-family transfer. You can mention it is your dad if that gives them warm and fuzzies about the source of the gun, but this transfer is also not technically intra-family. That only applies if a roster exemption is needed.
So, non-licensee out of state, but delivered. It would be run just as if joe schmoe in Idaho shipped me a firearm to my FFL, with his drivers' license copied inside, as a personal sale- and run up like that- as opposed to normal PPT sale, is that about it?

I won't use intra-family concept, as you are right- it is off roster, so no need to muddy issues.

thank you
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Old 09-14-2019, 9:03 PM
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Quote:
Originally Posted by bczrx View Post
So, non-licensee out of state, but delivered. It would be run just as if joe schmoe in Idaho shipped me a firearm to my FFL, with his drivers' license copied inside, as a personal sale- and run up like that- as opposed to normal PPT sale, is that about it?

I won't use intra-family concept, as you are right- it is off roster, so no need to muddy issues.

thank you
Yes - exactly that. Out of state Joe Schmoe with a drivers license only instead of UPS bringing it into the store, Joe is bringing it. Some FFLs will have no problem with this, some will, and some will have their eyes glaze over when you ask.
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Old 09-15-2019, 5:18 AM
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You mean you already “took possession” of these firearms back in the 1980s
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  #11  
Old 09-15-2019, 5:23 AM
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Intrafamilial gift is not subject to sales tax. So different then joe schmo interstate transaction.
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  #12  
Old 09-27-2019, 10:15 AM
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Yes you can walk in and do a FFL transfer, dealer can charge what ever he wants plus the $25 DROS. But you have to find a dealer who will accept it as a walk in, some may say it has to be shipped in, that's not correct, but just run it by the FFL you intend on using, and get a total cost up front.
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Old 09-27-2019, 10:17 AM
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Good luck

Last edited by edgerly779; 09-27-2019 at 10:27 AM..
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  #14  
Old 09-27-2019, 10:32 AM
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Quote:
Originally Posted by brianm767 View Post
Yes you can walk in and do a FFL transfer, dealer can charge what ever he wants plus the $25 DROS. But you have to find a dealer who will accept it as a walk in, some may say it has to be shipped in, that's not correct, but just run it by the FFL you intend on using, and get a total cost up front.
While neither state nor federal law requires the firearm to be shipped in, a dealer who says it must be shipped in is not necessarily incorrect. The dealer may chose to require it to be shipped in and is only speaking incorrectly if he says a law requires it to be shipped.
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I never practiced criminal nor firearms law.Do not rely on my post, but consult your own attorney.
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Old 09-27-2019, 11:19 AM
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Quote:
Originally Posted by dk94044 View Post
You mean you already “took possession” of these firearms back in the 1980s
Doesn't make a difference if it happened back "in the 1980s".

Since 1968, Federal laws have prohibited the transfer of firearms between residents of different States unless a FFL it utilized. [18 USC 922(a)(3)&(5)]

There is no intra-familial or gift exemption to the Federal laws.

Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

Which means "back in the 1980s", in order to be legal, the transfer would still need to be done through a CA FFL dealer.
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  #16  
Old 09-28-2019, 2:02 PM
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Quote:
Originally Posted by Quiet View Post
Doesn't make a difference if it happened back "in the 1980s".

Since 1968, Federal laws have prohibited the transfer of firearms between residents of different States unless a FFL it utilized. [18 USC 922(a)(3)&(5)]

There is no intra-familial or gift exemption to the Federal laws.

Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

Which means "back in the 1980s", in order to be legal, the transfer would still need to be done through a CA FFL dealer.

Mr Quiet Sir, since 1989 was 30 yrs ago, it may in fact make a difference.

Do you know what the SOL for such a supposed crime would be?
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Old 09-28-2019, 10:30 PM
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Quote:
Originally Posted by pacrat View Post
Mr Quiet Sir, since 1989 was 30 yrs ago, it may in fact make a difference.

Do you know what the SOL for such a supposed crime would be?
Maybe 5 years?

https://www.federalcharges.com/weapo...-laws-charges/
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Federal Gun Statute of Limitations
For noncapital crimes related to gun possession or importation, 18 USC 3282 asserts a statute of limitations of 60 months: That is, five years. However, capital crimes and violent offenses that were committed using a firearm may be prosecuted beyond this time.
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  #18  
Old 09-29-2019, 8:36 PM
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Thanks All,

I will have parental unit come to LGS with me for the paper trail and DROS.


Thanks again
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Old 09-29-2019, 9:13 PM
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Originally Posted by bczrx View Post
Thanks All,

I will have parental unit come to LGS with me for the paper trail and DROS.


Thanks again
Donít just show up, not every FFL will do this. Be sure you have cleared it with the FFL before you show up or you could end up wasting time.
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Old 09-29-2019, 9:31 PM
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Quote:
Originally Posted by SkyHawk View Post
Donít just show up, not every FFL will do this. Be sure you have cleared it with the FFL before you show up or you could end up wasting time.
Good point. Already done.
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  #21  
Old 09-29-2019, 10:11 PM
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Quote:
Originally Posted by bczrx View Post
Normally, the rule is ship to an FFL form his state, and I DROS them.
That's not the rule. The non-Californian owner is fine walking them into the California FFL.
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