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Interstate Intrafamilial transfer questions

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  • BizarroStormy
    Junior Member
    • Oct 2020
    • 13

    Interstate Intrafamilial transfer questions

    Good evening all, brand new to the site and was directed by an Admin (Librarian) to start up a thread with a few questions I had regarding the topic title.

    Namely, I have a grandfather who lives in Nevada (Carson City area) who wants to purchase me an off-roster handgun (planning a trip up there in a few weeks). I live in the California Bay Area. According to most of the internet and even Librarian, I am able to have an off-roster handgun transferred to CA (which is contrary to what my local FFL dealer has stated) through the Intrafamilial Transfer regulations.

    My questions are as follows:
    1. Am I able to have the gun "gifted" and then shipped here, or should this be through an FFL?
    2. Does anyone know of any Bay Area (or within the general area) FFL dealers I should reach out to, to facilitate the transfer?
    3. Will the magazine size requirements imposed by California cause me problems if I do manage to get an off-roster handgun?

    Apologies if these have been answered elsewhere, but the forums are extensive, so if anyone can point me in the right direction or answer the above, I'd be grateful.
    Last edited by BizarroStormy; 10-11-2020, 9:24 AM. Reason: Wording
    I never considered a difference of opinion in politics, in religion, in philosophy, as cause for withdrawing from a friend - Thomas Jefferson
  • #2
    igs
    Senior Member
    • Nov 2017
    • 941

    1) Google straw purchase
    2) Delete this thread
    ATF Form 4473: If a frame or receiver can only be made into a long gun (rifle or shotgun), it is still a frame or receiver, not a handgun or long gun.

    Comment

    • #3
      flysart
      Junior Member
      • May 2020
      • 45

      My dude. This is like so easily answerable with a little google homework. Read the rules and don’t be that flagrant violator.

      Comment

      • #4
        P5Ret
        Calguns Addict
        • Oct 2010
        • 6380

        Originally posted by igs
        1) Google straw purchase
        2) Delete this thread
        Maybe you should do the same. Gifts are perfectly legal, even if he picks out the gift.

        OH and stop spreading FUD.


        OP, the gun must be shipped, or brought by the purchaser to an FFL who understands the process, you can not take possession of it in Nevada and bring it back.
        Call around to the FFL local to you, ignore any that say all you have to do is fill out the state form, since that is completely ignoring federal law.
        Mag are restricted to 10 or less, no getting around that for the time being.

        Good luck, shops in Nevada are just as empty as the ones here.
        Last edited by P5Ret; 10-06-2020, 8:56 PM.

        Comment

        • #5
          ARFrog
          Senior Member
          • Nov 2016
          • 1291

          There are several threads on this topic that can be with the "Search" function in the blue header at the top of the page.

          Here are a couple of threads you might check out. The first are "stickies" on this topic:





          Things to verify:

          Gift -check
          Direct family line - Grandfather to grandson - check
          Non-roster handgun - OK - check
          Mag size limitation - bummer
          Sent by grandfather to FFL or meet grandfather at CA FFL to do transfer - check
          Fill out gift letter - suggested but not required



          Check with FFL to make sure they actually "know" about this type of transfer; know the proper code or box to fill out in the DROS - advance homework before choosing FFL


          Regarding which FFL, I have previously used UG Imports in Fremont.

          Good luck OP!
          Last edited by ARFrog; 10-06-2020, 9:32 PM.
          sigpic

          ARFrog

          Comment

          • #6
            foothillman
            Senior Member
            • Jan 2017
            • 1123

            Originally posted by BizarroStormy
            I am able to have an off-roster handgun transferred to CA (which is contrary to what my local FFL dealer has stated) through the Intrafamilial Transfer regulations.
            California bay area..San Francisco ? San Jose ?
            Need to find a FFL that will do it first.
            They are the gate keeper.
            Once you do that...ask them what they need from you and grandpa.

            Is this your first firearm purchase?
            Risky if it is....can be undetermined/denied for many reasons.
            Best to pick FFL that will release on undetermined.
            ITrader FeedBack https://www.calguns.net/forum/market...k-100-positive

            Comment

            • #7
              broadside
              Senior Member
              • Nov 2016
              • 1521

              Use these guys

              Fremont Premier Firearms Transfer Dealer, Guns, Ammo, Transfers, Online Orders


              They did mine, super easy and they know what they are doing

              Comment

              • #8
                Wheellock
                Senior Member
                • Dec 2019
                • 1112

                A lot of pistols can be ordered with 10 round mags. That will prevent the whole block or leave behind issue.

                Comment

                • #9
                  Kate
                  Why Change the Default?
                  CGN Contributor - Lifetime
                  • Sep 2014
                  • 267

                  Originally posted by Wheellock
                  A lot of pistols can be ordered with 10 round mags. That will prevent the whole block or leave behind issue.
                  I have bought a couple of off roster handguns from LEOs. One of those times, the LEO had only 15 round magazines. No problem, just sell it to me without the mags. The FFL we went to said they had to have at least ONE 10 round mag. Another person in the shop at that time, quietly mentioned we might try another FFL just down the street. We went there, and they happily PPTed the gun to me without magazines.

                  I have no idea what the actual rules are, but in my own limited experience, there may be variation on what the FFL will do without at least one 10 round magazine...

                  Katie

                  Comment

                  • #10
                    Mr. Blue
                    Veteran Member
                    • Dec 2019
                    • 2512

                    3. If your receiving FFL is ok with installing magblocks.com buy them first and have them available at your FFL.
                    https://youtube.com/c/GatCat

                    Comment

                    • #11
                      Mr.Caketown
                      Calguns Addict
                      • Jan 2011
                      • 7362

                      Originally posted by P5Ret
                      Maybe you should do the same. Gifts are perfectly legal, even if he picks out the pistol.

                      Good luck, shops in Nevada are just as empty as the ones here.
                      Seems kinda Sus to me. Op is openly admitting that he is going to give money to his Grandfather to get him a pistol. He said nothing about it being gifted upfront. The first post is walking a fine line here and im sure some ATF agent just subscribed to this post for updates
                      WTB:
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                      2)S&W 686 6in barrel ...686 No dash through 686-4
                      3) Saltworks M5 upper/lower set

                      Comment

                      • #12
                        krb
                        Senior Member
                        • Jun 2016
                        • 1089

                        Originally posted by igs
                        1) Google straw purchase
                        2) Delete this thread
                        Oooh boy. Yes what you said. Big time.

                        Comment

                        • #13
                          krb
                          Senior Member
                          • Jun 2016
                          • 1089

                          Originally posted by P5Ret
                          Maybe you should do the same. Gifts are perfectly legal, even if he picks out the gift.

                          OH and stop spreading FUD.


                          OP, the gun must be shipped, or brought by the purchaser to an FFL who understands the process, you can not take possession of it in Nevada and bring it back.
                          Call around to the FFL local to you, ignore any that say all you have to do is fill out the state form, since that is completely ignoring federal law.
                          Mag are restricted to 10 or less, no getting around that for the time being.

                          Good luck, shops in Nevada are just as empty as the ones here.
                          My understanding was a straw purchase is someone buying something for you that you are prohibited from buying. If this isn't black and white straw purchase it seems pretty close. He is prohibited from buying off roster. So he is getting someone else to do it and transfer to him. I can very easily see this as troubling.

                          Comment

                          • #14
                            broadside
                            Senior Member
                            • Nov 2016
                            • 1521

                            Originally posted by Mr.Caketown
                            Seems kinda Sus to me. Op is openly admitting that he is going to give money to his Grandfather to get him a pistol. He said nothing about it being gifted upfront. The first post is walking a fine line here and im sure some ATF agent just subscribed to this post for updates
                            Where does the OP mention anything about money? He specifically says he is going to ask his grandpa to purchase it and gift it to him and go through the required FFL process. That is perfectly legal. I asked my mom to buy me a couple guns for my birthday/Christmas and she did and then after her paperwork was done, shipped them to my FFL.

                            Originally posted by igs
                            1) Google straw purchase
                            2) Delete this thread
                            If the OP goes through the FFL and interstate intrafamilial process then there is nothing straw man about this. Strawman in the context of firearms means that someone buys a gun with the intent of giving it to someone without performing the required background and paperwork for the intended owner

                            Comment

                            • #15
                              P5Ret
                              Calguns Addict
                              • Oct 2010
                              • 6380

                              Originally posted by krb
                              My understanding was a straw purchase is someone buying something for you that you are prohibited from buying. If this isn't black and white straw purchase it seems pretty close. He is prohibited from buying off roster. So he is getting someone else to do it and transfer to him. I can very easily see this as troubling.
                              And you'd be wrong in your understanding. A straw purchase in not something you are prohibited from buying. It is having someone buy something when you are prohibited from possessing, or lying about who the actual purchaser is.

                              There is nothing in the OP that suggest that the OP is either prohibited, or will be actually purchasing the gun in someone else's name. For all we know the OP's grandfather told him he'd like to get him something nice while he is still able to, OP decided he'd like a gun.

                              If it followed your interpretation of the law, a lot of people on this site would be in a world of hurt for having out of state relations buy them something they received as a gift, myself included. Because I sure dropped the hint when my daughter suggested buying me something as a thank you gift for helping her out through a rough financial patch 10 or so years back.

                              Comment

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