Family Transfer?

[Shawn L]

Say my mom who lives out of State has a handgun off the list, if she is visiting me here in Cali and we do a PPT into my name or does it have to be FFL to FFL.

[Librarian]

Say my mom who lives out of State has a handgun off the list, if she is visiting me here in Cali and we do a PPT into my name or does it have to be FFL to FFL.

It's not a CA PPT, because it's interstate; the Feds require the CA FFL.

However, she can bring the gun to CA and go with you to the FFL to do the transfer. The FFL can charge whatever he wants, but the handgun is exempt from the Roster.

See What is an INTRAFAMILY TRANSFER? and Can I BUY A GUN OUTSIDE CALIFORNIA?

[ChrisDM]

It's not a CA PPT, because it's interstate; the Feds require the CA FFL.

However, she can bring the gun to CA and go with you to the FFL to do the transfer. The FFL can charge whatever he wants, but the handgun is exempt from the Roster.

See What is an INTRAFAMILY TRANSFER? and Can I BUY A GUN OUTSIDE CALIFORNIA?

That link doesn't address the "10 day rule"... If my out-of-state dad and I take a handgun in to an FFL for transfer to me, does the FFL have to hold my pistol for the 10 day wait?

Thanks,

[Vin496]

That link doesn't address the "10 day rule"... If my out-of-state dad and I take a handgun in to an FFL for transfer to me, does the FFL have to hold my pistol for the 10 day wait?

Thanks,

Yes, 10 day wait and 1 gun 30 day rule still applies.

[ChrisDM]

Yes, 10 day wait and 1 gun 30 day rule still applies.

The Calguns Wiki says "Intrafamilial transfers of HAND GUNS are EXEMPT from the 1 in 30 days rule ", so there's quite a bit of misinformation flying here, the question is from whom?!

[Shane916]

The Calguns Wiki says "Intrafamilial transfers of HAND GUNS are EXEMPT from the 1 in 30 days rule ", so there's quite a bit of misinformation flying here, the question is from whom?!

AFAIK the exemption applies when you are both in CA and thus not going through an FFL.

[Librarian]

That link doesn't address the "10 day rule"... If my out-of-state dad and I take a handgun in to an FFL for transfer to me, does the FFL have to hold my pistol for the 10 day wait?

Thanks,

Yes.

It's an interstate transfer that has to go through a CA FFL. CA FFLs are required to to the 10 days for everyone not on the list of exceptions.

The Wiki article I linked refers to the IN_CALIFORNIA version of intrafamilial transfer - interstate screws that up.

[Vin496]

The Calguns Wiki says "Intrafamilial transfers of HAND GUNS are EXEMPT from the 1 in 30 days rule ", so there's quite a bit of misinformation flying here, the question is from whom?!

No misinformation, just the Wiki is not talking about an Interstate transfer.

As the others have said, that applies to intrafamilial transfer when both parties are residents of California.

Since it is a Interstate transfer Federal law requires an FFL be used, once you get the FFL involved the 1/30 day rule applies.

If both family members were in California there would be no need for an FFL to be involved.

[ChrisDM]

No misinformation, just the Wiki is not talking about an Interstate transfer.

As the others have said, that applies to intrafamilial transfer when both parties are residents of California.

Since it is a Interstate transfer Federal law requires an FFL be used, once you get the FFL involved the 1/30 day rule applies.

If both family members were in California there would be no need for an FFL to be involved.

Ah, I see. The Wiki goes back and forth between intra and inter, without qualification in the handgun section. Clear as mud!

[DisgruntledReaper]

Can someone with knowledge of the difference between these 2 DOJ forms please elaborate on how both apply to the transfer of a pistol from Dad to son?? I know 1 is handgun SPECIFIC and the other appears to be useable for BOTH rifles(long guns) AND handguns ..
Basically both ask for the same info and the same fees..

Links-

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

AND 1 more question...My dad lives in AZ BUT still has a CA address listed for mail delivery purposes ,when he visits,etc.. so how would a transfer between he and I apply?? Would it have to go through a CA FFL as a non PPT due to him having an AZ DL even though the handgun(s) were owned here prior to him moving out of state??

ALSO--how would this affect a family transfer of a AR lower that WAS initially dros'd or registered as a pistol or 'other'?? I have no idea and he does not remember which way it was done since years ago you COULD register a bare receiver as pistol or rifle AT the time of purchase/dros from the dealer..NOT the MFR??

Thanks and sorry if I hijacked..These frikkin laws and hoops give me migraines.....

[Vin496]

Can someone with knowledge of the difference between these 2 DOJ forms please elaborate on how both apply to the transfer of a pistol from Dad to son?? I know 1 is handgun SPECIFIC and the other appears to be useable for BOTH rifles(long guns) AND handguns ..
Basically both ask for the same info and the same fees..

Links-

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

AND 1 more question...My dad lives in AZ BUT still has a CA address listed for mail delivery purposes ,when he visits,etc.. so how would a transfer between he and I apply?? Would it have to go through a CA FFL as a non PPT due to him having an AZ DL even though the handgun(s) were owned here prior to him moving out of state??

ALSO--how would this affect a family transfer of a AR lower that WAS initially dros'd or registered as a pistol or 'other'?? I have no idea and he does not remember which way it was done since years ago you COULD register a bare receiver as pistol or rifle AT the time of purchase/dros from the dealer..NOT the MFR??

Thanks and sorry if I hijacked..These frikkin laws and hoops give me migraines.....

Top form is for an Intrafamilial transfer between 2 residents of the State. Fee is $19 for all handguns being transferred.

Bottom form is for a New Resident and the fee is $19 for each handgun.

Your Dad is an Arizona resident, so you need to go through a CA FFL(and is not a PPT but a Transfer). Having mail sent here nor does the fact he used to live here have any bearing on the matter.

If the lower has always been a pistol lower then there shouldn't be a problem, as Intrafamilial transfers are exempt from the Roster. The only issue will of course be it has to have a locked 10 round magazine.

[Mssr. Eleganté]

Can someone with knowledge of the difference between these 2 DOJ forms please elaborate on how both apply to the transfer of a pistol from Dad to son?? I know 1 is handgun SPECIFIC and the other appears to be useable for BOTH rifles(long guns) AND handguns ..
Basically both ask for the same info and the same fees..

Links-

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

http://ag.ca.gov/firearms/forms/pdf/volreg.pdf

The first form is used to comply with the requirements in the California Penal Code that Intra-Familial and Operation of Law handgun transfers be reported to CalDOJ. The use of this form is compelled by law. The second form is one that CalDOJ came up with for people who want to voluntarily register any firearms they own that were acquired before the law required all transfers to be reported.

AND 1 more question...My dad lives in AZ BUT still has a CA address listed for mail delivery purposes ,when he visits,etc.. so how would a transfer between he and I apply?? Would it have to go through a CA FFL as a non PPT due to him having an AZ DL even though the handgun(s) were owned here prior to him moving out of state??

He needs a California Drivers License in order to process the transaction as a PPT at a California FFL. He needs to be considered a resident of California under Federal law in order to skip the FFL transfer and just use the Intra-Familial transfer form. He does not need a California Drivers License to be considered a California resident under Federal law, but he can't just be visiting California either.

ALSO--how would this affect a family transfer of a AR lower that WAS initially dros'd or registered as a pistol or 'other'?? I have no idea and he does not remember which way it was done since years ago you COULD register a bare receiver as pistol or rifle AT the time of purchase/dros from the dealer..NOT the MFR??.

If it was originally DROS's as a pistol and has never had a buttstock then it would be treated just like any other off-roster handgun family transfer from out of state. But you should be very sure of how the gun was originally sold.

[DisgruntledReaper]

Thanks for the info and help on this..There is NO extra info regarding when and how these forms are to be used,can be used,need to be used,etc BEYOND the basic obvious info listed on the instruction sheets or inter family stuff.
Time to talk to dad.......

[KING_PALM]

dont want to hi jack this thread but i know inter family transfer works up and down the family tree not side to side but does it have to be father to son. can it be mother to son?

[Mssr. Eleganté]

dont want to hi jack this thread but i know inter family transfer works up and down the family tree not side to side but does it have to be father to son. can it be mother to son?

Yes it can be mother to son. The law says between parent and child or grandparent and grandchild, in either direction.