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Ok so my mother in law has a handgun she wants to give to me. Now my and her daughter are not married jet so im not sure if she can gift it to me then i go register it or if it would be best for her to gift it to her daughter then after she transfers it to her name i can then transfer it to my name. Mother in law is In vegas and will be visiting us soon. Could she bring the hand gun with her and we go to an ffl to do this or how does it work ???
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it could only be gifted to her daughter.
Direct vertical lineage only.
Father/mother to son/daughter/g'kids or the other way around.
No to sibling transfers.
I believe that if you are married the firearm is mutually owned. However, I am not sure how that works out for transfer of ownership (Not married, opted for race cars, motorcycles, boats, and happiness instead).
But no, your future monster in law cannot give you an out of state transfer of an off-roster firearm. Not even after you are married.sigpic
Originally Posted by Cali-Shooter
To me, it was a fist-fight, except that I did not counter-attack. -
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Active Army 1976-1986, Army Reserve 2005-2015, Afghanistan 2010-2011
http://www.thepolemicist.net/2013/01...t-for-gun.html
https://www.thereligionofpeace.com/Comment
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Has to be a gift from mother to daughter.
Mother can not be given any money for the firearm.
Due to Federal laws, the transfer must be done through a CA FFL dealer.
Daughter will do a 4473, DROS, 10 day wait, and 1 in 30 day wait.
Daughter needs to have a valid FSC and proof of CA residency.sigpic
"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).Comment
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What handgun?
10 round mags. or less.Originally posted by Kestryll:
It never fails to amuse me how people get outraged but fail to tell the whole story in their rants....Comment
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If it is a handgun on roster or roster exempt, the mother in law can give it to you but it still must go through a CA FFL. And you need to find a FFL who accepts walk in transfers from non licensees. It will not be a PPT, it will be a dealer transfer so you will pay the DROS fee and a transfer fee set by the dealer.
We really need to know what handgun to give you information. On roster or off roster makes the difference between you get it, or you don't. If it is off roster, it has to go from mother to daugther using a CA FFL via intrafamliy transfer, as the folks above have noted.Last edited by SkyHawk; 03-22-2017, 11:36 PM.Comment
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I can only speak for off-roster handguns.
If mom lives in state,
The mom can hand over the pistol - no FFL, just mail in a form found on the CA DOJ website. Costs $19 I recall.
If mom lives out of state - must go through FFL/DROS. Mom can eithe mail with a note stating what she is giving, to whom, relationship, and throwing i. A copy of her picture ID wouldn't hurt.
Again,
Must go through FFL if mom lives out of state.sigpic
Originally Posted by Cali-Shooter
To me, it was a fist-fight, except that I did not counter-attack.Comment
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For all of those that are having difficulty reading, most all of the information has been provided in the OP.
The one key piece of missing information is what is the handgun? It is important to know if it is off-roster or currently on the roster. Let's assume it is off-roster.
First, for legal purposes, definitions are very important. She is not your legal mother-in-law until you actually marry her daughter. Until that happens, she is legally the mother of your girlfriend.
The mother of your girlfriend is a NV resident and apparently her daughter is a CA resident. CA allows intrafamilial gifting of handguns as long as the relationship is linear, grandparent, parent, child, or grandchild. There is no branching out.
So, the mother of your girlfriend can gift an off-roster handgun to her daughter. Since the transaction is between residents of two different states and the person receiving the gun is a CA resident, it has to go through a CA FFL; that is Federal law.
It will go through DROS and a 10 wait. The 1 in 30 applies. Your girlfriend will need a FSC.
You will to find a CA FFL that is willing to do this. Not all are and some will tell you it cannot be done. Others will tell you to just fill out the OPLaw form and mail that in. That fulfills CA law but not Federal law. You need to go through a CA FFL to satisfy Federal law so you do not risk a free 5-year vacation at Club Fed.
Not all FFLs will accept mom bringing the gun to the FFL, some want it shipped from a FFL to them. This is another reason to contact a FFL first and discuss the transfer.
Since it is not a PPT, the FFL can charge whatever fee they want for the transfer in addition to the DROS fee. So again, ask what their transfer fee is. I have seen prices between $40 and $150, so it is important to shop around.
If you tell us the area you live around, we can give you suggestions of FFLs to check out. There are some good FFLs on CG.
Since you are not married to your girlfriend, she cannot just give it to you and you fill out the OPLaw form. At a later time she could sell it to you as a PPT. You both go to a FFL, you would need a FSC, pay the $35 PPT fee, and wait the 10 days after you both give the information the FFL needs.
The problem with this solution, it could easily be considered a straw purchase. You have already stated on a public forum that is known to be monitored by the DOJ and other LE agencies. So even if your GF decides later she really does not like the gun, you have already left enough information on a public forum suggesting you are trying to find a way to get the gun transferred to you from her mother.
After you do get married, your wife can transfer the gun to you using the OPlaw form. There is no need for that though. It is community property and you can use the gun even though it is registered to her. The new laws about loaning guns make exceptions for spouses.
Personally, if it is a gun that you really want, pay the premium to buy it in CA. Off-roster guns can be purchased by PPT. They do make their way into the state via legal means. Yes, they do cost more because people are willing to pay the price because they are usually in high demand. OTOH, they do not come with the legal risk of having to defend against a straw purchase charge in Federal Court. Is the savings really worth the risk of entangling your future MIL and future wife in a legal mess should something go wrong?
If your girlfriend is not into guns and does not shoot, I would not go through with this. If she is a gun person, have her mother gift her a gun she wants and you go buy the one you want.Anyone can look around and see the damage to the state and country inflicted by bad politicians.
A vote is clearly much more dangerous than a gun.
Why advocate restrictions on one right (voting) without comparable restrictions on another (self defense) (or, why not say 'Be a U.S. citizen' as the requirement for CCW)?
--LibrarianComment
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Yeah. We will provably just do that. Im not to woried about it on my name or anything. She just said she might not want one under her name. But she does like to go shootinh with me. But she has finally decided its fine she will keep it in her name. The gun is a m&p 40 full size. No safety does that matter
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Her mom was an armed guard and has since upgraded to a glock. So she told her daughter she wanted her to have it.
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You guys are overthinking this!
The mother gives the gun to the daughter, daughter downloads for the form, fills it out and mails it in to doj.
No ffl is required.Comment
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Smitty, this is a violation of Federal law.
Here is a link to a stick in the CA law section by the Librarian that explains it all.
A transfer from a resident of one state to a resident of another state always requires an FFL to be in compliance with Federal law. Then the laws of the state the transfer is completed in must also be followed.Anyone can look around and see the damage to the state and country inflicted by bad politicians.
A vote is clearly much more dangerous than a gun.
Why advocate restrictions on one right (voting) without comparable restrictions on another (self defense) (or, why not say 'Be a U.S. citizen' as the requirement for CCW)?
--LibrarianComment
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Ok so gifted letter from mom with license copy. Signed. Now can she bring it with her on a trip out to visit us and we then take it to an ffl. Im in morwno valley by the way.
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