Inter familial transfer

[Rocksteady1]

If my father live outside of California and wants to give me a gun that's not on the roster, say a Gen 4 glock or a Ruger Sr1911 is that possible? I looked but wasn't 100% clear. He lives in NC and he's got some stuff he wants to get rid of. Thanks

[JeremyS]

Yes, totally possible. Cannot break CA's assault weapons laws (no threaded barrel in a semi auto, no magazines that hold more than 10 rounds can ship to CA assembled, etc) but the Roster does not apply. It has to be a gift for this. You can't buy a gun from him.

Ask your preferred FFL how they want to handle it. Usually a letter from your dad stating that it's a gift from him to his son including info on the gun and a copy of his driver's license/ID is nice to have. But your FFL can tell you what they'll want to see.

[Rocksteady1]

Can he buy it with the intention of gifting it to me? Ergo a Xmas present? Or does it have to be something he has to want for himself?

[drifter2be]

Can he buy it with the intention of gifting it to me? Ergo a Xmas present? Or does it have to be something he has to want for himself?

If he buys with intention of giving it to you he would be lying when he fills out the 4473 and it becomes a straw purchase. You cannot 'legally' have family members outside of the state buying off roster guns with the sole-intention of giving it to you. How anyone would prove it is another thing, he could simply lie and say that he bought it, got home with it and decided he hated it and decided to give it to you...

[Mssr. Eleganté]

If he buys with intention of giving it to you he would be lying when he fills out the 4473 and it becomes a straw purchase.

Not if it's a gift purchase. ATF says (an even prints it on the Form 4473) that if you are buying a firearm as a bona fide gift for somebody else then it is not a straw purchase.

You cannot 'legally' have family members outside of the state buying off roster guns with the sole-intention of giving it to you.

Yes you can. As long as it's a gift. And as long as it is transfered through a California licensed dealer.

[JeremyS]

If he buys with intention of giving it to you he would be lying when he fills out the 4473 and it becomes a straw purchase. You cannot 'legally' have family members outside of the state buying off roster guns with the sole-intention of giving it to you.

Yeah both of these things are totally A-Okay. Perfectly fine to purchase a new gun with the intention of gifting it to another person, and a family member can buy a gun with the sole intention of it being a gift for you and they can mail it to your CA FFL.

See form 4473's instructions for question 11a: http://www.atf.gov/forms/download/atf-f-4473-1.pdf ..."You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party."


BTW -- the intra-familial transfer only works with direct lineage. It must be a gift from a child, parent, or grandparent of yours. Brothers, uncles, or any other familial relationship does not count for CA's Roster exemption purpose.