Gun Gift Help

[russw]

I need some advice, my son lives in Arizona and brought me a gift (Kimber 1911) not on the safe gun list in Cali. He drove this over and physically handed it to me. We went to an FFL dealer and they contacted the DOJ.

The dealer contacted the DOJ and the DOJ said All I had to do was fill out the intrafamilia transfer form. From what I have read this does not sound correct, so we went to two other FFL dealers and they said they could not do the transfer since it was not on the California safe gun list.

This was the same response from 3 different FFL dealers.

I am lost, we have filled out the form and sent it to the DOJ I hope it all goes well.

Any Advice

Thank You
-R

[Ubermcoupe]

"California allows Non-FFL transfers among certain family members, all of whom live within California. Federal law has nothing similar - an intrafamily transfer between residents of different states must use a FFL in the state of residence of the person receiving the gun."

From Calguns wiki "CA intrafamilial NEEDS FFL"

Next section reads:

"California DOJ is NOT a good source
Since California's Department of Justice is not charged with enforcing Federal law, ordinarily they fail to consider Federal law when discussing firearms transfers. Phone communication to CA-DOJ frequently omits the FFL requirement imposed by Federal law on interstate transfers."

Hope that helps!

[SMR510]

Check this out for more information:

http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members

California only requires the form to be filled out however federal law is different. If your son lived in CA the form would be sufficient, since he doesnt live here federal law requires you to go through a FFL in the state of the receiving party. The form in your situation would not be required because you will have to DROS through the FFL so there is no need for the additional paperwork since DROS has all the information that the form has. California FFL's often make these mistakes since it is a "rare" situation that you are in, most of them know California law decently but lack the knowledge of the federal law that you must abide by in this situation because generally our laws are stricter than federal law.

These transfers are roster exempt, no issues with the gun being off roster. I would print that out and go to a FFL and try to get it sorted out. Your son should be present when you go there, it would be odd for you to bring in a gun in your possession already for a transfer.

Good luck, let us know how it goes.