Interstate Intra Familial Transfer info verification

[giarcpnw]

Spent the last two hours scanning the boards for correct info. I see two versions defended: One with a CA FFL and one with out. My mother is driving to Cali next week and wants me to have her two handguns. (doesn't use them and doesn't want them). Instead of shipping them can she bring them to me and i do an operations of law form and send in my 19 bucks? Before you answer read below answer from Amendment II:

I found the below info from veteran member Amendment II from 2006. Is this correct? And what if one of the handguns is not on the roster? (kel-tec p3at)

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If he is at least 18 years old and if he has a valid Handgun Safety Certificate and if he is legally allowed to own firearms then the handguns can just be UPS'd or FedEx'd right to him. He will need to mail in registration form and payment to CalDOJ once he receives them. They don't need to be on the "California Approved" list.

Federal law says it is legal for non-licensees to transfer firearms across state lines if the transfer is done because of a bequest or intestate succession.

Quote:
922(a)(3)(A)
shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State

922(a)(5)(A)
the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence,
And California law allows for this too as long at the firearm is coming from your parent, grandparent, child or grandchild...

Quote:
12078(c)(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and both of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.


Thanks,

C

[hawk1]

Any bequest or gift across state lines must be through a FFL.

If the gift was done in California then the Intrafamilial transaction form is enough.

[Librarian]

And remember, bequest requires the giver is D E A D.

Evidently, your mother is alive, which I'm sure both of you enjoy.

Your mother may bring the handguns to a CA FFL, and do an interstate transfer there. Because it's intrafamilial, the Roster does not apply.

[CSDGuy]

Any bequest or gift across state lines must be through a FFL.

If the gift was done in California then the Intrafamilial transaction form is enough.

As Librarian stated: Bequest = the "giver" is D E A D. In that instance, you just simply go get the guns and use that OpLaw form above. It's an operation of law (inheritance), and Fed Law has an exemption to going through an FFL for that. Since the "giver" in this instance isn't DEAD, you must utilize an FFL (and HSC/DROS fees) and and the "list" shouldn't apply as it's an interfamilial transfer.

[Quiet]

When she comes to CA with the handguns, both of you show up at a CA FFL dealer. Where you will DROS them. You have to use a FFL dealer because this is a transfer across state lines.

Since, this is an intrafamilial gift, the handguns do not have to be on the approved list.

Since, this is an out-of-state transfer (mom is not a CA resident), the CA FFL dealer can charge you any amount to do the transfer.

[Mssr. Eleganté]

Before you answer read below answer from Amendment II:

I found the below info from veteran member Amendment II from 2006. Is this correct?

The thread that you are quoting me on was about a guy getting his dead father's guns. I know that the OP in that thread only said the father had "passed". But he was using the word "passed" as a polite euphemism for "dead". He didn't mean that the father had just passed through town on a visit.

How did you miss the other 20 threads where I explained how you need to go through an FFL if your parent lives out of state and is still alive?

[giarcpnw]

Danke,

Just making sure. Lot of the legal speak gets confusing at 10:30 and you read it again and again and again.

The word inherited does not always imply one has died so i was just verifying. And the use of an FFL in this case is to please the feds right, not CA DOJ correct?

So through an FFL it is.

Thanks,

C

[Quiet]

The word inherited does not always imply one has died so i was just verifying. And the use of an FFL in this case is to please the feds right, not CA DOJ correct?

In regards to firearms, under Federal and CA laws, inherited does mean someone has died.

Yes, the use of a CA FFL dealer is required to satisfy the Feds, not CA.

[Mssr. Eleganté]

The word inherited does not always imply one has died...

That's true, for stuff like eye color and Cystic Fibrosis.

But for property, it means somebody has died.

[bigbob76]

Mother to son transfer....

A lot of opinions going on here. Here is some personal experience of a parent-child transfer. Once it was here in CA I sent in the completed form with $19.00 and got a letter back telling me it was done successfully. There may be a million variables I don't know about but this is my first hand personal experience. Beware of the 'experts' and their theories.

[Vin496]

A lot of opinions going on here. Here is some personal experience of a parent-child transfer. Once it was here in CA I sent in the completed form with $19.00 and got a letter back telling me it was done successfully. There may be a million variables I don't know about but this is my first hand personal experience. Beware of the 'experts' and their theories.

Beware of the "experts" and their theories, or be aware of you saying you broke Federal Law by not having the gun go through a FFL? It has been stated over and over again that the California DoJ doesn't care how the pistol got here as long as you send in your form and $19, but the Feds care. Just like the Feds could care less about the 10 round limit.

So you decided to obey State laws but not Federal, fair enough.

[hawk1]

Vin has it correct.
If I were you, I wouldn't want to be bragging about it on the internet. One of those so called expert may really want to show you who's right...

[bigbob76]

Beware of the "experts" and their theories, or be aware of you saying you broke Federal Law by not having the gun go through a FFL? It has been stated over and over again that the California DoJ doesn't care how the pistol got here as long as you send in your form and $19, but the Feds care. Just like the Feds could care less about the 10 round limit.

So you decided to obey State laws but not Federal, fair enough.

I see now this could get to be an endless round of bickering but if you take some time and think about it there were no laws broken, no need to. I think it will mean more to you if you think it throgh for youself.

[hawk1]

I see now this could get to be an endless round of bickering but if you take some time and think about it there were no laws broken, no need to. I think it will mean more to you if you think it throgh for youself.

No bickering needed. Please take a minute and enlighten us.

[Vin496]

No bickering needed. Please take a minute and enlighten us.

+1,

Please enlighten us. Honestly if we are misinformed or are not picking up some hidden meaning, please let us know.

Even if you parent drove here and accidentally left it, and decided later to give you the gun, if you did not go through an FFL you broke Federal Laws.

Your talking like there is some secret way, and we are not realizing it. Well instead of being cryptic, tell us.