Intrafamilial Transfer

[Dirmer3]

If my father in Arizona wants to give me his Glock 19 as a gift, am I allowed to also take the regular magazine that came with it? I believe it was purchased before 2000. I believe the magazine is 15 rounds.

What would be the best way for me to receive the gun? Can I just travel to Arizona for Christmas, open the gift, and come back to California with it?

[Blackboomstick]

Others will chime in, but I believe you cannot take the magazine and the gun has to come through an FFL.

[stevelo7]

Call the DOJ they will tell you and you will know
. I would do an inner family transfer make sure the mags are old and shut my mouth

[Matt3989]

fixed:

you can't keep the mags by california law. Send it to an FFL and fill out an intrafamilial transfer with a $19 check. I just went though the same process getting a gen 4 glock through my dad.

[stevelo7]

Looks like you'll have to disassemble them and bring them in for replacement parts and you can add two more guns to the DOJ list
ar pistol would be cool

[ke6guj]

you can't keep the mags by california law.

correct. you can't import large-cap mags into CA. No intrafamily exemption.

No FFL is required just fill out an intrafamilial transfer with a $19 check. I just went though the same process getting a gen 4 glock through my dad.

incorrect. The OP said that his father was out-of-state. To transfer a handgun between residents of different states without using an FFL in the recipient's home state is at least one federal felony, and there is no intrafamily exemption in federal law to do it without an FFL. The CA intrafamily form does not satisfy federal law.

[ke6guj]

Call the DOJ they will tell you and you will know
.

be carefull with CADOJ's advice on the matter, their answers don't always take federal law in account when talking about CA law.

[Oceanbob]

Dad can gift you the Glock 19

If my father in Arizona wants to give me his Glock 19 as a gift, am I allowed to also take the regular magazine that came with it? I believe it was purchased before 2000. I believe the magazine is 15 rounds.

What would be the best way for me to receive the gun? Can I just travel to Arizona for Christmas, open the gift, and come back to California with it?

However the 15 round Magazine stays in Arizona. You will have to buy a 10 rounder for California.

Your Dad will have to Fed Ex overnight the weapon to your FFL (make sure your FFL will take a firearm from a private party, some will, some will not)

Have dad enclose a letter saying this is a gift to you; with a copy of his Drivers License.

The FFL will do the DROS for you. Expect to pay some money for these services. Wait 10 days and pick up your Glock.

All weapons coming over State Lines require an FFL. Florida to Arizona, Utah to Washington..doesn't matter what States are involved. This is a Federal Law BTW.

Now if your Dad lived here in Calipornia (did I spell that wrong?)...he could just hand you the handgun and all YOU would have to do is fill out this form
and send in $19. (the $19 covers one handgun or a dozen or more)

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

Also, if your Dad lived in California and wanted to give you a Rifle or Shotgun he could JUST HAND IT TO YOU without any paperwork required. There is no Rifle or Shotgun registration in California. (at this time; Politics might change that in the future).

[Matt3989]

incorrect. The OP said that his father was out-of-state. To transfer a handgun between residents of different states without using an FFL in the recipient's home state is at least one federal felony, and there is no intrafamily exemption in federal law to do it without an FFL. The CA intrafamily form does not satisfy federal law.

Oops didn't see that his dad was out of state. As far I know, his dad can drive to california and give him the gun without an FFL correct?

[Joe]

correct. you can't import large-cap mags into CA. No intrafamily exemption.

incorrect. The OP said that his father was out-of-state. To transfer a handgun between residents of different states without using an FFL in the recipient's home state is at least one federal felony, and there is no intrafamily exemption in federal law to do it without an FFL. The CA intrafamily form does not satisfy federal law.

^^ His information is correct, as usual.

[Dirmer3]

correct. you can't import large-cap mags into CA. No intrafamily exemption.

incorrect. The OP said that his father was out-of-state. To transfer a handgun between residents of different states without using an FFL in the recipient's home state is at least one federal felony, and there is no intrafamily exemption in federal law to do it without an FFL. The CA intrafamily form does not satisfy federal law.

So, this means when I'm in Arizona for Christmas, my father and I have to go to a gun shop, turn the gun over to them and have them mail it to another gun shop in my area and we'll have to pay both shops transfer fees?

At this point, I'd probably be spending $200 on transfers and another $50 for a 10 round mag?

What I'm confused about is if I was still living in Arizona and my father gifted the firearm to me, THEN I moved, I could just put it in my safe and drive it across state lines along with all my other guns when I moved. So why then can't I receive the gun as a gift and drive back home? What if my father brought the gun to California?

Anyone think I'd be better off just buying my own pistol and letting my father keep the Glock?

[Oceanbob]

Where did your Dad live Matt..?

you can't keep the mags by california law. No FFL is required just fill out an intrafamilial transfer with a $19 check. I just went though the same process getting a gen 4 glock through my dad.

No problem if your dad is a California Resident.

However, Federal Law requires all Handguns crossing State lines to be transfered thru an FFL.

But reality being what it is......you probably won't have any problems even if your Dad lived in Ohio...why..?..because the Inter Family Form has no place for the location of the relative who gifted you the handgun.

In Section B of the form only two questions count:

ACQUIRED FROM: John Smith

HOW POSSESSION WAS OBTAINED: Gift from Father

**********

[jtmkinsd]

Oops didn't see that his dad was out of state. As far I know, his dad can drive to california and give him the gun without an FFL correct?

No...There is no way to escape the FFL here. If his dad were to drive the gun here, they could both go to the FFL and do the transfer, it has to be done as a dealer transfer because even though the gun was brought by dad, he is a resident of another state and cannot do a PPT in CA.

[Oceanbob]

No..that too is a felony

Oops didn't see that his dad was out of state. As far I know, his dad can drive to california and give him the gun without an FFL correct?

Dad cannot drive into California with a handgun and the intention of giving it to anyone. (son included)

He can of course, transport the gun legally and store it legally (unloaded in a locked container)..and take it back to Arizona with him when he leaves.

It would be a perfect world if Dad could just drive over with various Off List Handguns and hand them out to sonny-boy....hahaha..gawd that would be fun...Ain't gonna happen.

[Oceanbob]

I don't think so

No...There is no way to escape the FFL here. If his dad were to drive the gun here, they could both go to the FFL and do the transfer, it has to be done as a dealer transfer because even though the gun was brought by dad, he is a resident of another state and cannot do a PPT in CA.

I really don't know of an FFL that would jeopardize his License and freedom by accepting an Arizona Drivers License from Dad and doing a DROS transfer to California Resident Son.

That scheme wouldn't fly either. The Weapon has to arrive Via common carrier and BE LOGGED INTO the FFL's logbook.

Correct me if I'am wrong.