Intra Family Transfer Question

[00BuckShot]

OK here's a question. A buddy is going to be doing some work up in Utah for a few months but will be moving back to CA early next year. He will be maintaining his CA residency the whole time, but would like to get a Utah CCW while he's up there. Pretty easy from what I understand. My buddy's dad is a resident of Utah and said that he could borrow one of his handguns while he's up there. (My buddy is a Long Gun guy and has no handguns of his own.)

Here's the question, if his father gifted him a handgun while he's up there would he only need to do the Report of Op Law / Intra-Familial Handgun Transaction form? Can he do the form while he's up there? Can he transport it back since it's HIS gun now? What are you thoughts?

Thanks in advance!

[Turo]

Since the Father is not a resident of CA, the transfer will have to involve a CA FFL, transfer fees, and a 10 day wait. I'm not sure if you have to send in the transfer paper or not, maybe someone can comment on that. If both the dad and the son were CA residents, there wouldn't have to be an FFL.

[Quiet]

Son = CA resident
Dad = UT resident

FEDERAL LAWS prohibits the transfer of firearms between non-licensed residents of different states, unless the transfer is done through a FFL dealer in the recipiant's state of residence.

There is no intra-familial gift exempt to the Federal laws.

UT dad wants to gift handgun to CA son.
UT dad needs to ship the handgun to a CA FFL dealer.
CA son does 4473/DROS and 10 day wait.

Handgun does not have to be on the approved list, because intra-familial gifts are exempt from the approved list.
Large capacity magazines can not be included with the handgun.

[Mssr. Eleganté]

It should be mentioned that somebody living and working in Utah "for a few months" would pretty much qualify as a resident of Utah under Federal guidelines. The Feds have a less strict definition of "State of residence" for purposes of the Gun Control Act than most State have. The Feds do not require you to have a driver's license from a particular State in order to be considered a resident of that State. They do require you to have official State ID if buying from an FFL though.

Here's how the Feds define "State of residence" for the purposes of the Gun Control Act. Example 2 is the one most pertinent to this situation...

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3. A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.

Now Utah might have restrictions on who can transfer firearms within Utah, I don't know. But if not, then you would only need to worry about the Federal restrictions. If Utah doesn't have any restrictions then two people meeting the Federal definition of Utah resident could transfer a firearm in a paperless transaction, even if they didn't meet the Utah definition of Utah resident.

If I was living and working in Utah for a couple of months then I would have absolutely no problem accepting a firearm from another Utah resident while I was living in Utah, even though I was keeping my California driver's license and had a house/apartment back in California the whole time. If keeping the handgun when I left Utah I would register it upon return to California as a "personal handgun importer" using the "New Resident" handgun report form.

[Quiet]

OK here's a question. A buddy is going to be doing some work up in Utah for a few months but will be moving back to CA early next year. He will be maintaining his CA residency the whole time, but would like to get a Utah CCW while he's up there.

It should be mentioned that somebody living and working in Utah "for a few months" would pretty much qualify as a resident of Utah under Federal guidelines. The Feds have a less strict definition of "State of residence" for purposes of the Gun Control Act than most State have. The Feds do not require you to have a driver's license from a particular State in order to be considered a resident of that State. They do require you to have official State ID if buying from an FFL though.

But, it sounds like the OP's friend does not have the intention of making a home in UT.

Since, the OP's friend does not intend to became a resident of UT while he is working in UT, he does not meet the Federal guidelines of a resident.

27 CFR 478.11
State of residence.
The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3. A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.

[jtmkinsd]

But, it sounds like the OP's friend does not have the intention of making a home in UT.

Since, the OP's friend does not intend to became a resident of UT while he is working in UT, he does not meet the Federal guidelines of a resident.

This is correct. The OP's friend's father would have to ship the gun to a CA FFL with a copy of his ID and a letter stating make, model and serial number, and that the gun is a gift to his son.

OP's friend pays the transfer/DROS fee and waits ten days.

[Munk]

Son = CA resident
Dad = UT resident

FEDERAL LAWS prohibits the transfer of firearms between non-licensed residents of different states, unless the transfer is done through a FFL dealer in the recipiant's state of residence.

There is no intra-familial gift exempt to the Federal laws.

UT dad wants to gift handgun to CA son.
UT dad needs to ship the handgun to a CA FFL dealer.
CA son does 4473/DROS and 10 day wait.

Handgun does not have to be on the approved list, because intra-familial gifts are exempt from the approved list.
Large capacity magazines can not be included with the handgun.

ding ding ding. Spot on.

The next step basically involves finding an FFL who has reasonable transfer rates (interstate isn't capped at 10$ + 25$ like PPTs are, it's Any$ +25$), then pay to have the firearm shipped to the FFL.

For some reason I have yet to divine, you cannot just drop it off, even if you're the out of state owner here visiting (although they can UPS it from down the block, and it would be MUCH cheaper than from home).

[jtmkinsd]

For some reason I have yet to divine, you cannot just drop it off, even if you're the out of state owner here visiting (although they can UPS it from down the block, and it would be MUCH cheaper than from home).

If dad were here with the gun I'd have no problem taking in the gun from him. There is nothing saying it has to be shipped to the FFL. If dad were to drop it off I do have to treat it as a ship-in, because he is not a resident and therefore cannot do a PPT. The law states the transaction must be done through an FFL.

[Mssr. Eleganté]

But, it sounds like the OP's friend does not have the intention of making a home in UT.

Since, the OP's friend does not intend to became a resident of UT while he is working in UT, he does not meet the Federal guidelines of a resident.

Yes, in order for the Feds to consider Utah his "state of residence" the OP's friend would need to "make a home" there. He could still keep his California driver's license and he could still keep a lease on his domicile in California the whole time. But he would need to say to himself "Utah is now my home" while he was living and working there for a few months. If he kept telling himself "Utah is not my home, I'm just living and working here" then you are correct that he would not meet the Federal definition of resident in Utah.