Legal Question: My Father is giving me a pistol as a gift; how to register?

[ColdC]

My Father, who lives in another state, is giving me a handgun not on the "safe gun roster." How exactly do I bring it into the state and register it?
I understand this is allowed as an intra-family transfer and I understand the importance of a "gift letter."
How exactly is the transfer handled? I assume I can't bring it into the state and hand it to an FFL so can my father mail it directly to a FFL here or will he need an FFL in his state to mail it to one here?
Does anyone know of an FFL in or near the San Francisco Bay Area that is experienced with and can handle this type of transfer?
Cheers.

[Quiet]

Dad ships it to a CA FFL dealer.
You go to CA FFL dealer, do paperwork and pay out-of-state transfer fee.
You wait 10 days, then enjoy your gift.

[glock_this]

huh?

my dad gifted me a gun, I filled out a gov form from off the interweb, sent it to the 'man' and got a letter back that said it was now in my name and reg'd to me in CA. no fee, easy as pie.

now, is the difference between the OP and me that I went and picked it up in the midwest and flew it back here versus him getting it shipped?

[Quiet]

huh?

my dad gifted me a gun, I filled out a form, sent it to the 'man' and got a letter back that said it was now in my name and reg'd to me in CA. no cost, easy as pie.

now, is the difference between the OP and me that I went and picked it up in the midwest and flew it back here versus him getting it shipped?

Difference is you and your dad violated Federal law.

Federal law requires handgun transfers between residents of two different states to be transfered through a FFL dealer in the reciever's state.
There is no Federal intra-familial gift exemption.

Sending in the Operation of Law or Intra-Familial Handgun Transaction form just satisfies CA DOJ BOF, not the BATFE.

[Vin496]

huh?

my dad gifted me a gun, I filled out a gov form from off the interweb, sent it to the 'man' and got a letter back that said it was now in my name and reg'd to me in CA. no fee, easy as pie.

now, is the difference between the OP and me that I went and picked it up in the midwest and flew it back here versus him getting it shipped?

Yeah the difference being, you just admitted to a Federal Felony.

[jt1911]

Along these lines, and sorry if this detracts from the original thread, does intra-family transfer only work with someone in one's direct family name. Meaning, I know for an intra-family transfer it must be from an immediate family member but what if it is from your sister who is out of state and married? Her last then, obviously, being different. Could she still gift you a non-rostered handgun?

[Quiet]

Along these lines, and sorry if this detracts from the original thread, does intra-family transfer only work with someone in one's direct family name. Meaning, I know for an intra-family transfer it must be from an immediate family member but what if it is from your sister who is out of state and married? Her last then, obviously, being different. Could she still gift you a non-rostered handgun?

Intra-familial = grandparent/parent/child/grandchild.

aunts/uncles/cousins/nieces/nephews/brothers/sisters/in-laws do not qualify for the intra-familial transfer exemption.

[ColdC]

THANKS Quiet. Glad to hear my Dad can just send it to a Cali FFL directly.

Now anyone know of a SF Bay area FFL to process this transfer?

jt1911, your question does not detract, just adds to the info, but I believe to qualify as an intra-family transfer it has to be from one generation to another generation, e.g., father/mother to son/daughter, G-father/mother to G-son/daughter and cannot be sister to brother, uncle to nephew, etc...
Someone please correct me if I'm wrong.

[jt1911]

Okay, I guess the question I am wondering is to whom and how is intra-family relationships proved and is this complicated by the sender being your sister who is married now with a different family name?


Edit: Thanks ColdC. So if it is only generation to another generation, that is no good for me. . .

[Quiet]

Okay, I guess the question I am wondering is to whom and how is intra-family relationships proved and is this complicated by the sender being your sister who is married now with a different family name?

Penal Code 12078
(c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not 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.
(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 all 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.

[bwiese]

THANKS Quiet. Glad to hear my Dad can just send it to a Cali FFL directly.

Now anyone know of a SF Bay area FFL to process this transfer?

Not all FFLs know about this and unforutnately make the incorrect assumption that "coming from out of state = must be Rostered", and don't realize the state intrafamily exemption applies even when gun comes out of state. Many DOJ phone clerks don't understand this either.

I believe Irvington Arms (Fremont; Calgunners BigMac and Franksremote) and San Jose Gun Exchange (San Jose) would have the competence to deal with this xfer. Perhaps the Gun Vault in Mtn View may too.

Contact either one and if the person on the phone balks, tell them Bill Wiese from Calguns sent you (and/or PM me here and I'll chat with them).

Also do please understand this is NOT a "PPT" and as such there is no state $35 limit on pricing. So don't complain about the charges, they are what the dealer wants them to be.

[ColdC]

THANKS Bill! (bwiese)
Irvington is convenient so I will give them a call.
Bill, you have been extremely helpful in providing info on this subject, in this post and my previous post on this subject; I truly appreciate your help.
Any FFL who reads this and is willing to help, please post or PM me.

[ColdDeadHands1]

Regarding the FFL, I recommend Rogers Relics in Santa Clara.

[glock_this]

Difference is you and your dad violated Federal law.

Federal law requires handgun transfers between residents of two different states to be transfered through a FFL dealer in the reciever's state.
There is no Federal intra-familial gift exemption.

Sending in the Operation of Law or Intra-Familial Handgun Transaction form just satisfies CA DOJ BOF, not the BATFE.

is there a way to rectify this? I swear, not that that matters really I understand, I read everything on the gov site when I did this years ago - 2002 -and never remember that fact being mentioned. I am not arguing with you, I am sure you know your stuff, but I am a pretty upstanding guy so would have done it right, and assumed I did... until now... d'oh I understood that since he transfered it to me in the midwest where they live and where I picked it up while home for extended vacation, when i bought it back to CA I was considered a "personal handgun importer" as defined by California law so just had to fill out the applicable form and all was well.

[Fjold]

Okay, I guess the question I am wondering is to whom and how is intra-family relationships proved and is this complicated by the sender being your sister who is married now with a different family name?


Edit: Thanks ColdC. So if it is only generation to another generation, that is no good for me. . .

Your sister can gift a gun to your Father, Mother or a grandparent.

Your Father, Mother or grandparent can gift a firearm to you.