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So my mom who liven in Georgia wants to gift me her Ruger LCP (off roster) and it appears it's perfectly legal to do so as long as the transaction goes through a California ffl. But, not all ffls are savy on the process or even know about it so has anyone on here already done this through a Sac area ffl? Thanks!
From Calguns.net wiki
These transfers are exempt from the Roster
An additional part of the Penal Code, 32110 (was 12132)
Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following:
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.
says that intrafamilial handgun transfers are NOT subject to the Roster of Handguns.
Interstate Intrafamily transfers need FFL located in CA
INTERSTATE transfers are generally NOT FFL-free, because Federal law says so. So, out of state family members MAY transfer guns to family living in California, but almost always must use the services of a CA-licensed, in-California FFL -- the 'OPLAW' form does not work for INTERSTATE transfer.
Interstate intrafamilial transfer of handguns is legally subject to the 1-in-30-days rule, because it must run through DROS; there seems to be some confusion. See the Calguns discussion thread.
Briefly, PC 27535 lists the exemptions from 1 in 30, and an intrafamilial transfer is not on the list.
After you use a CA FFL to facilitate your interstate transfer, do NOT file the 'OPLAW' form as well; DROS accomplishes the state-level details. The 'OPLAW' form is not sufficient and not necessary.
Example of interstate intrafamilial transfer
Suppose you live in California, and your grandparent lives in Texas. Your grandparent wants to give you a pistol as a gift.
Since your grandparent is yet living, this transfer is not an inheritance.
Because it is interstate, Texas to California, the pistol must go to a CA FFL - the receiver may not take possession until the transfer has occurred at the CA FFL - so
CALL the FFL ahead of time to see if he understands interstate intrafamilial transfer; any FFL who suggests you do not need his services for an interstate intrafamilial transfer does NOT understand it.
ASK about the fees; there are no regulations limiting the transfer fees on interstate transfer.
ASK whether the FFL will accept a shipment from a non-licensed person; that is legal, but some have a business practice to accept only from other licensed persons.
Handguns transferred via intrafamilial transfer are NOT subject to the Roster.
Handguns should be accompanied by a letter of gift, specifying giver's name and relationship (e.g. John Smith, Grandfather), the handgun (e.g. Glock 17 9mm pistol, serial 12345), and the receiver's name (e.g. Little Jimmy Smith).
Since the transfer must use a CA FFL, the ordinary rules for an FFL transfer must be followed, including background check and 10-day wait. The receiver should be at least 18 years old for a long gun, 21 for a handgun; if a handgun, the receiver may have an unexpired Handgun Safety Certificate; otherwise, from 2015 forward, a Firearms Safety Certificate is required for any firearm.
The FFL should use the DROS "Curio/Relic/Exempt" process, and add a comment "27870PC intrafamily transfer".
From Calguns.net wiki
These transfers are exempt from the Roster
An additional part of the Penal Code, 32110 (was 12132)
Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following:
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.
says that intrafamilial handgun transfers are NOT subject to the Roster of Handguns.
Interstate Intrafamily transfers need FFL located in CA
INTERSTATE transfers are generally NOT FFL-free, because Federal law says so. So, out of state family members MAY transfer guns to family living in California, but almost always must use the services of a CA-licensed, in-California FFL -- the 'OPLAW' form does not work for INTERSTATE transfer.
Interstate intrafamilial transfer of handguns is legally subject to the 1-in-30-days rule, because it must run through DROS; there seems to be some confusion. See the Calguns discussion thread.
Briefly, PC 27535 lists the exemptions from 1 in 30, and an intrafamilial transfer is not on the list.
After you use a CA FFL to facilitate your interstate transfer, do NOT file the 'OPLAW' form as well; DROS accomplishes the state-level details. The 'OPLAW' form is not sufficient and not necessary.
Example of interstate intrafamilial transfer
Suppose you live in California, and your grandparent lives in Texas. Your grandparent wants to give you a pistol as a gift.
Since your grandparent is yet living, this transfer is not an inheritance.
Because it is interstate, Texas to California, the pistol must go to a CA FFL - the receiver may not take possession until the transfer has occurred at the CA FFL - so
CALL the FFL ahead of time to see if he understands interstate intrafamilial transfer; any FFL who suggests you do not need his services for an interstate intrafamilial transfer does NOT understand it.
ASK about the fees; there are no regulations limiting the transfer fees on interstate transfer.
ASK whether the FFL will accept a shipment from a non-licensed person; that is legal, but some have a business practice to accept only from other licensed persons.
Handguns transferred via intrafamilial transfer are NOT subject to the Roster.
Handguns should be accompanied by a letter of gift, specifying giver's name and relationship (e.g. John Smith, Grandfather), the handgun (e.g. Glock 17 9mm pistol, serial 12345), and the receiver's name (e.g. Little Jimmy Smith).
Since the transfer must use a CA FFL, the ordinary rules for an FFL transfer must be followed, including background check and 10-day wait. The receiver should be at least 18 years old for a long gun, 21 for a handgun; if a handgun, the receiver may have an unexpired Handgun Safety Certificate; otherwise, from 2015 forward, a Firearms Safety Certificate is required for any firearm.
The FFL should use the DROS "Curio/Relic/Exempt" process, and add a comment "27870PC intrafamily transfer".
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