Bringing in handguns from out of state

[Spicy McHaggis]

My dad currently lives out of state and is thinking about moving back to CA. If he were to purchase a couple of handguns not on the CA list and found out that he didn't like them, could he bring those into CA and give them to me legally? Even if he wasn't a resident of CA yet? I know he could do this if he became a resident of CA again. I also know I would need to register them within 30 days.

If he wasn't a resident of CA yet, I could see this as sort of a loophole for the whole "Approved List" in CA. His state received an F from the Brady Campaign for it's gun laws, so I doubt there is a "straw buyer" provision on the books. However, that wouldn't matter since he was buying them for himself and just "didn't like them" after he got them .

[dwtt]

When your dad moves back to this great state, he can get an ID from DMV then register the handguns. After registering the handguns, and after a few range sessions to ascertain the handguns do not fit his style of shooting, he can give them to you by PPT. The PPT will be done at a FFL and everything is perfectly legal.

[gose]

When your dad moves back to this great state, he can get an ID from DMV then register the handguns. After registering the handguns, and after a few range sessions to ascertain the handguns do not fit his style of shooting, he can give them to you by PPT. The PPT will be done at a FFL and everything is perfectly legal.

12072
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

12078
(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 both 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.

So no need to PPT gifts from a parent as long as he is a CA resident.

If he is not a CA resident the transfer has to go through an FFL, according to Federal laws.

[EOD Guy]

When your dad moves back to this great state, he can get an ID from DMV then register the handguns. After registering the handguns, and after a few range sessions to ascertain the handguns do not fit his style of shooting, he can give them to you by PPT. The PPT will be done at a FFL and everything is perfectly legal.

There would be no need to go through an FFL. A father may give a handgun to a child without dealer involvement as long as both are California residents.

[BaronW]

Isn't there also a requirement for the child to have a HSC?

[Spicy McHaggis]

Thanks for the responses everyone.

Isn't there also a requirement for the child to have a HSC?

Yes, that is listed in the below, I bolded it:

12078
(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 both 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.

[wdoyle1980]

I also just moved to this state and I have a few handguns still in storage in FL for me. I have an m1911 (single-stack) built from a SARCO fram (SMI, i THINK -- NOT STI -- i know that), and used the SARCO (brazilian milit. parts kits). The FRAME MFG is NOT on the DOJ-APPROVED list. I have just recently gotten a DL from the DMV and registered my car in CA (and registered to VOTE!) -- so I am NOW a RESIDENT of the state. Can I transfer in (through my FL FFL) this pistol to a CA FFL (and then fill out the CA-DOJ form to register this pistol)?

[bwiese]

I also just moved to this state and I have a few handguns still in storage in FL for me. I have an m1911 (single-stack) built from a SARCO fram (SMI, i THINK -- NOT STI -- i know that), and used the SARCO (brazilian milit. parts kits). The FRAME MFG is NOT on the DOJ-APPROVED list. I have just recently gotten a DL from the DMV and registered my car in CA (and registered to VOTE!) -- so I am NOW a RESIDENT of the state. Can I transfer in (through my FL FFL) this pistol to a CA FFL (and then fill out the CA-DOJ form to register this pistol)?

You already own these pistols.

You do not need to transfer them to yourself, though this is an odd situation (most folks just bring their handguns right into CA when moving in) that laws didn't envision.

People moving into CA have 60 days to report handguns imported with them.
However the "Personal Handgun Importer" law contains a specific exemption that exempts you from any criminal liability once reported - regardless if things went beyond 60 days.

So,go fill out the Personal Handgun Importer form on the DOJ Firearms Bureau website, pay the $19/gun fee, and then go fetch your guns from Florida. You don't have to wait for any formal response from DOJ, just file (get proof of mailing, save a copy of form, get cancelled check, etc.) You'll be legally covered and don't need to use FFL transfer services if you go back to FL to fetch your guns.

[marklbucla]

Now that you've established that it's legal and kosher, you'll have to refer your dad to some of those threads regarding the guns that he'll need to buy to try out before giving up his freedom in America! Think Colts, STIs, Taurus 1911s, etc.