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  • Rcjackrabbit
    Senior Member
    • May 2012
    • 971

    Is this legal?

    I want to give my daughter my GP100. I live in CA. She lives in CT.

    I will fill out the CA transfer form and pay the $19.

    Do I have to wait for the CA DOJ to acknowledge the receipt of the form?

    The reason for asking is that she will be visiting CA in a couple weeks and wants to take it back with her at that time.

    I want to make sure I follow the law.

    Thanks.
  • #2
    dfletcher
    I need a LIFE!!
    • Dec 2006
    • 14794

    Originally posted by Rcjackrabbit
    I want to give my daughter my GP100. I live in CA. She lives in CT.

    I will fill out the CA transfer form and pay the $19.

    Do I have to wait for the CA DOJ to acknowledge the receipt of the form?

    The reason for asking is that she will be visiting CA in a couple weeks and wants to take it back with her at that time.

    I want to make sure I follow the law.

    Thanks.
    Transfer of a firearm between residents of two different states requires an FFL of some sort, in this case a Type 01 (dealer). CT may be one of those PITA states that has restrictions similar to the "CA Roster" although I'm not sure. And assuming your daughter is otherwise OK to receive a handgun.

    That is an interesting take on CA "$19.00 transfer" form - that it can apply & be used going out from CA as well as into. Doesn't work that way, unfortunately.

    Contacting a CT FFL is probably the way to go.
    GOA Member & SAF Life Member

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44660

      Nope - can't do the form when child does not live in CA.

      Can't just give it to her if she comes here; she can't legally take it back to CT.

      By Federal law, interstate transfer of a handgun must go through a FFL in the receiver's state. 'Interstate' means where the parties reside/live.

      See also http://www.calguns.net/calgunforum/s...d.php?t=503873
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #4
        aspenvalley
        Senior Member
        • Sep 2016
        • 693

        I am going to say no it would not be legal Federal law requires all firearm transfers between residents of different states to go through an FFL of the receiving parties state.

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30242

          Originally posted by Rcjackrabbit
          I want to give my daughter my GP100. I live in CA. She lives in CT.

          I will fill out the CA transfer form and pay the $19.

          Do I have to wait for the CA DOJ to acknowledge the receipt of the form?

          The reason for asking is that she will be visiting CA in a couple weeks and wants to take it back with her at that time.

          I want to make sure I follow the law.

          Thanks.
          Federal laws prohibits the transfer of firearms between residents of different States unless a FFL is utilized. [18 USC 922(a)(3),(5)]
          Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

          Federal laws prohibits a FFL from transferring a handgun to a non-resident of their State. [18 USC 922(b)(3)]

          Therefore, in order to be legal under Federal laws, the handgun needs to be transferred through a CT FFL dealer.

          So, your daughter needs to comply with CT requirements for legally obtaining a firearm and then find a CT FFL dealer that is willing to accept a shipment from you. After which, you then ship the firearm to that CT FFL dealer, who then transfers it to your daughter.
          Last edited by Quiet; 11-11-2020, 5:23 PM.
          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

          • #6
            Rcjackrabbit
            Senior Member
            • May 2012
            • 971

            She still has a CA drivers license because she is only there for college. She is legally a CA resident.

            Comment

            • #7
              edgerly779
              CGN/CGSSA Contributor
              CGN Contributor
              • Aug 2009
              • 19871

              You better verify she is a ca resident by law.

              Comment

              • #8
                pacrat
                I need a LIFE!!
                • May 2014
                • 10284

                Originally posted by Rcjackrabbit
                She still has a CA drivers license because she is only there for college. She is legally a CA resident.
                That relevant info should have been included in your OP.

                If you and your daughter are BOTH LEGAL RESIDNTS of Ca.

                Then YES the OPLAW form is acceptable.

                If after the transfer, you to her, she chooses to take it to Ct. She should check Ct law regarding importation of firearms.

                Comment

                • #9
                  Quiet
                  retired Goon
                  • Mar 2007
                  • 30242

                  Originally posted by Rcjackrabbit
                  She still has a CA drivers license because she is only there for college. She is legally a CA resident.
                  If she is a CA resident, then it would be CA legal to gift her the handgun, as long as she is 18 or older and has a valid FSC and submits the Report of Intra-Familial Firearm Transaction within 30 days of receiving the firearm.

                  Legally, the person receiving the firearm (your daughter) must submit the report, not the giver (you the father).

                  Also, note that, unless she has a valid CT COE or CT CCW permit, she will not be able to legally acquire ammo in CT.
                  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

                  • #10
                    Rcjackrabbit
                    Senior Member
                    • May 2012
                    • 971

                    Yes. I should have mentioned she has a CA drivers license. Sorry. She has a CA FSC.

                    If she fills out the paperwork, does she have to wait for a letter from CA DOJ acknowledging it before she takes possession?

                    She plans to ship it to herself from CA to CT before she leaves to go back to CT. That is easier than checking on her flight home.

                    Comment

                    • #11
                      Quiet
                      retired Goon
                      • Mar 2007
                      • 30242

                      Originally posted by Rcjackrabbit
                      If she fills out the paperwork, does she have to wait for a letter from CA DOJ acknowledging it before she takes possession?
                      No.

                      CA laws allows for the transfer of ownership to occur, as soon as possession is achieved, and just requires submission of the report within 30 days of this happening. [PC 27875(a)(3)]

                      CA DOJ BOF will mail an acknowledgement letter within 4-64 weeks.
                      ^Pre-Covid average was around 3 months. Current -Covid average is around 6 months.
                      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

                      • #12
                        elSquid
                        In Memoriam
                        • Aug 2007
                        • 11844

                        CT is not a gun friendly state: your daughter will need to comply with all CT gun laws, whatever they are.

                        That may mean both state and city laws; looks like state pre-emption is limited.



                        -- Michael

                        Comment

                        • #13
                          sigstroker
                          I need a LIFE!!
                          • Jan 2009
                          • 19687

                          Originally posted by Rcjackrabbit
                          Yes. I should have mentioned she has a CA drivers license. Sorry. She has a CA FSC.

                          If she fills out the paperwork, does she have to wait for a letter from CA DOJ acknowledging it before she takes possession?

                          She plans to ship it to herself from CA to CT before she leaves to go back to CT. That is easier than checking on her flight home.
                          It's a lot more expensive to ship it. Like between 40 and 60 bucks.
                          If she wants to ship it anyway, look up the relevant law and print it out. IME Fedex/ups dolts don't know the law very well, especially in KA, and might insist it has to go to an ffl.

                          If she does check it, she'll need a lockable hardcase, so that might be 20 bucks if you don't already have one.
                          Last edited by sigstroker; 11-11-2020, 10:58 PM.

                          Comment

                          • #14
                            Librarian
                            Admin and Poltergeist
                            CGN Contributor - Lifetime
                            • Oct 2005
                            • 44660

                            Originally posted by sigstroker
                            It's a lot more expensive to ship it. Like between 40 and 60 bucks.
                            If she wants to ship it anyway, look up the relevant law and print it out. IME Fedex/ups dolts don't know the law very well, especially in KA, and might insist it has to go to an ffl.

                            If she does check it, she'll need a lockable hardcase, so that might be 20 bucks if you don't already have one.
                            Both UPS and FedEx have published rules ("tariffs") that require an FFL on one end of a shipment - not 'enforced by any law' but 'that's the way we do business'.
                            Last edited by Librarian; 11-11-2020, 11:57 PM.
                            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                            Comment

                            • #15
                              Killer Bee
                              Senior Member
                              • Feb 2010
                              • 2197

                              depending on total expenses shipping, dealer fees, etc. and the hassles..

                              maybe consider sending her the money to buy one there herself?

                              then you'll both have your own matching revolvers
                              I started out with nothing - and I still have most of it

                              Comment

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