FFL - Interfamilial transfer

[P5Ret]

I have daughter lives out of state in CO that wishes to gift me a handgun ... so if I’m reading this right, she cannot simply ‘bring’ it with her sometime when she visits CA, and then we go together to an FFL (her bringing her gun to the FFL) to complete the paperwork on the transfer and have them ‘hold’ the gun for the 10 day waiting period. She must ship it directly to a CA FFL, they hold it, and we go fill out the paper work there. Is that correct?

I stopped by my local Turners, and they said it was a ‘hassle’ to have it shipped to them and they weren’t sure what to do with it. They suggested to just have her bring it into the state with her when she visits, do the paperwork at home, and file it online with the DOJ, no FFL involved. Clearly, it appears the Turner’s employee didn’t know what he was talking about.

^^^ No she can bring and go to ffl and do dros as gift from family. Cannot bring and give to you.

What he said, and find a better FFL that knows what they are doing. One that isn't suggesting you and your daughter commit a federal crime. Then document that crime by sending paper work to the state.

[SLO1911Fan]

In context, "this way" is "interstate transfer through a CA FFL".

Interstate transfer is not exempt from 1 in 30.

That's debatable.

I recently received four handguns from my grandparents. DOJ said intrafamily was 1-in-30 exempt when we called, so I tried it. They all cleared dros without issue.

Not the first time we've been told to run them that way recently.

[Cokebottle]

What he said, and find a better FFL that knows what they are doing. One that isn't suggesting you and your daughter commit a federal crime. Then document that crime by sending paper work to the state.

This... There are several issues with an unknowledgeable FFL:
1 - They'll tell you that an FFL is not needed (Federal Felony)
2 - They'll tell you that an FFL is not needed (Federal Felony), that you just need to complete an OpLaw and send it to the DOJ with $19 (documenting the felony)
3 - They process it as a PPT (cheaper for you, but not CA legal, it is a "dealer transfer" since it is from out of state)
4 - They refuse to do the transfer since it is not legally a PPT and they don't understand that a dealer transfer CAN be done with both parties present at the FFL... Federal law requires that *an* FFL be involved. CA law requires that it be a California FFL.
5 - They accept it as a dealer transfer, but don't understand that an intrafamiliar transfer is roster-exempt.

People who have called the DOJ and asked have been directed to take option #2

[waygeekierthanu]

If you are in the Rancho Cucamonga area, we will do this for you. Also, funny, this is an older thread and in it somebody mentions they used an ffl in Rancho Cucamonga but they went out of business, that was us! We are obviously back in business lol Sent from my Pixel 2 XL using Tapatalk

[newbie1234]

Does anyone know an FFL who is knowledgeable on this subject in the Modesto area?

Print this out then give to any FFL in Modesto area and ask them if they know about this.

http://wiki.calgunsfoundation.org/index.php?title=Transferring_Firearms_Among_Some_Family_Members#A_perilous_work-around

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".

[Ron-Solo]

BOF Form 4544A is the form to use to report it. Nothing in there states that the family must be in CA. There are limitations on WHO can gift you, but biological parents fit in that description. You still have to have the FSC unless you have one of the exemptions.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

Of course, shipping via an FFL is one way for you to acquire it, but you'll have to endure the 10-day wait that way.

If you're going to go visit, you might check into the legality of picking it up and bringing it back. If it appears legal (I think it might, but not sure - check with a firearms attorney), I'd recommend you have the 4544A packed with it to show your plan to follow the law on notification. You'll also have to make sure that there are no magazines above 10 rounds with it.