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Interfamily/Interstate transfers into California

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  • #16
    bwiese
    I need a LIFE!!
    • Oct 2005
    • 27621

    Originally posted by jukyu-juichi
    The only way I would be able to get them through inheritence could be to get them from my Mom, as my Dad has passed and all Grandparents gone.
    That may not be inheritance if estate closed and/or the guns weren't really left to you.

    You'd instead have to do an xfer from your mom.

    Bill Wiese
    San Jose, CA

    CGF Board Member / NRA Benefactor Life Member / CRPA life member
    sigpic
    No postings of mine here, unless otherwise specifically noted, are
    to be construed as formal or informal positions of the Calguns.Net
    ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
    employer. No posts of mine on Calguns are to be construed as
    legal advice, which can only be given by a lawyer.

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    • #17
      67goat
      Senior Member
      • Apr 2012
      • 896

      Seems like some terminology is still off.

      You can inherit from siblings, parents, or complete strangers within or across state lines without using an FFL. This however requires a death. Also, in your situation given the time frame, the fact the guns were offered to you and you declined previously, I'm not sure you could legally claim inheritance from your father at this point even if their were a will. If you found who was in current possession of them, you could inherit from them if they wrote it in their will, but only after their death.

      You can only do a intrafamilial transfer from grandparents, parents, and children/grandchildren (or other lineal variants like great grandchild) that are living in the same state and avoid using an FFL (though even then handguns currently, long guns next year, in California require paperwork filed by the person receiving the guns). All other transfers between living relatives require an FFL. The only way you could receive guns from your current living relatives without using an FFL would be from your mom, and only so long as you live in the same state.

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      • #18
        pbgrasso81
        Junior Member
        • Mar 2012
        • 88

        Whoa, this thread has just confused the heck out of me. Can you guys help answer some questions I have?

        Scenario: Grandparent lives in AZ. Firearm I want is for sale in AZ. Can she buy it, then transfer it to my Mother (lives in CA), who will tranasfer to me (lives in CA)? The model is Beretta 92F (not on CA roster) and comes with a 15rd mag. If the mag capacity is a problem, can it be transfered without the mag or with the mag disassembled? Would this need to go through an FFL at some point, if so which point(s)? Thanks in advance guys!
        Last edited by pbgrasso81; 10-09-2013, 2:41 PM. Reason: mispelled word

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        • #19
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44626

          Originally posted by pbgrasso81
          Whoa, this thread has just confused the heck out of me. Can you guys help answer some questions I have?

          Scenario: Grandparent lives in AZ.

          Firearm I want is for sale in AZ.

          Can she buy it, then transfer it to my Mother (lives in CA), who will transfer to me (lives in CA)?

          The model is Beretta 92F (not on CA roster) and comes with a 15rd mag. If the mag capacity is a problem, can it be transferred without the mag or with the mag disassembled? Would this need to go through an FFL at some point, if so which point(s)? Thanks in advance guys!
          Grandparent could buy it as a gift and give it to you (no Mom required in the path) through (and directly to) a CA FFL (who you would call ahead of time to be sure the FFL understands interstate intrafamilial handgun transfer
          (a) DOES require an FFL, per Federal law, and
          (b) IS exempt from the Roster.)

          Cannot transfer the large-capacity mag into the state - look for some 10-rounders, or find out how to block a disassembled mag parts kit to 10 rounds.
          Last edited by Librarian; 10-09-2013, 6:13 PM. Reason: fix typo
          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

          • #20
            fiddletown
            Veteran Member
            • Jun 2007
            • 4928

            Originally posted by Librarian
            Grandparent could buy it as a gift and give it to you ...
            But if you give grandparent the money to buy it from an FFL in Arizona for you, it becomes a straw purchase and illegal under federal law.
            "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

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            • #21
              Iskra
              Senior Member
              • Jun 2011
              • 513

              Anyone have an answer on a brother to sister in-state transfer? Thanks
              I don't shoot because I like guns, I shoot because I hate paper.

              There's a mistaken impression that conservatives don't like the environment. We do, we love the environment. We just call it the outdoors and we go there to kill stuff.
              -PJ O'Rourke

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              • #22
                fiddletown
                Veteran Member
                • Jun 2007
                • 4928

                Originally posted by Iskra
                Anyone have an answer on a brother to sister in-state transfer? Thanks
                If they're in California state law requires that it be dine through an FFL.
                "It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper

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                • #23
                  Iskra
                  Senior Member
                  • Jun 2011
                  • 513

                  Thank you
                  I don't shoot because I like guns, I shoot because I hate paper.

                  There's a mistaken impression that conservatives don't like the environment. We do, we love the environment. We just call it the outdoors and we go there to kill stuff.
                  -PJ O'Rourke

                  Comment

                  • #24
                    morrcarr67
                    I need a LIFE!!
                    • Jul 2010
                    • 14934

                    Originally posted by fiddletown
                    If they're in California state law requires that it be dine through an FFL.
                    Fiddle is correct.

                    For CA FFL-less transfer it must be Grandparent/Parent/Child.

                    Everyone else is evil and will need to have a back ground check done and wait 10 days.
                    Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                    Originally posted by Erion929

                    Comment

                    • #25
                      Cyc Wid It
                      Veteran Member
                      • Mar 2009
                      • 4485

                      intra != inter
                      WTS all BNIB: Colt S70 Repro, HK45c, Gen4 G19

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