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  • TBX
    Member
    • Mar 2010
    • 413

    intrafamilial transfer question

    So my brother owns a Browning BDA .380 that he bought back in 1994. BDAs were discontinued in 97' I believe. My brother moved to Alaska last year and left it here with me. The gun was registered here and has never left the state. His son (my newphew) resides here in California and wants to do an intra-familial transfer to his name.

    My question is DOES IT NEED to go through a FFL even though the gun was bought here and never left the state? I know that no FFL is required if both are residents of California. My brother is now officially a resident of Alaska so I wonder if it will be a problem?

    Thanks for the help.
  • #2
    Jubba
    Member
    • Sep 2010
    • 142

    If it's still in your brothers name, just hand it to your nephew and have him fill out and send in http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf +$19.

    Comment

    • #3
      TBX
      Member
      • Mar 2010
      • 413

      thanks jubba.. that's what i thought too. everything should be fine since it's still registered in california

      Comment

      • #4
        SpectreCF
        Junior Member
        • Oct 2008
        • 11

        Since his question is answered maybe someone can answer mine. My dad is coming in from Utah to visit. He has an offlist handgun he wants to give me. Can he bring it and we do a face to transfer or does he have to ship it to an ffl?

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44652

          That just sounds peculiar. It should work that way, but I don't think it does.

          The intrafamilial transfer, in this case father to son, works without the FFL only if both parties are residents of CA.

          The brother is now a resident of AK.

          The geographic location of the gun just does not matter; Feds are concerned with the states of residence of the parties to the transfer.

          I realize it seems entirely nonsensical, but I think this transfer actually needs the FFL.
          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          Frozen in 2015, it is falling out of date and I can no longer edit the content.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

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44652

            Originally posted by SpectreCF
            Since his question is answered maybe someone can answer mine. My dad is coming in from Utah to visit. He has an offlist handgun he wants to give me. Can he bring it and we do a face to transfer or does he have to ship it to an ffl?
            He can bring it to a CA FFL and do an interstate transfer there.

            He can NOT give it to you and then you file the intrafamilial transfer form.

            See also the Calguns Foundation Wiki articles on

            Intrafamilial transfer - http://wiki.calgunsfoundation.org/in...Family_Members

            Interstate transfer - http://wiki.calgunsfoundation.org/in...rms_Interstate
            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

            • #7
              TBX
              Member
              • Mar 2010
              • 413

              Originally posted by Librarian
              That just sounds peculiar. It should work that way, but I don't think it does.

              The intrafamilial transfer, in this case father to son, works without the FFL only if both parties are residents of CA.

              The brother is now a resident of AK.

              The geographic location of the gun just does not matter; Feds are concerned with the states of residence of the parties to the transfer.

              I realize it seems entirely nonsensical, but I think this transfer actually needs the FFL.
              thanks librarian..

              also, is it the feds that will follow up on my brother's AK residency? or is it CA DOJ?

              thanks again
              Last edited by TBX; 04-16-2011, 1:59 PM. Reason: spelling

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30242

                Originally posted by TBX
                also, is it the feds that will follow up on my brother's AK residency? or is it CA DOJ?
                The Feds.
                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).

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