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*All* transfers require FFL?

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  • Brooke
    Member
    • Apr 2008
    • 228

    *All* transfers require FFL?

    I'm curious. Do all PPT handgun transactions in CA have to be through an FFL?
  • #2
    leelaw
    Junior Member
    CGN Contributor - Lifetime
    • Oct 2005
    • 10445

    Yes, they do.

    ETA: Except intrafamilial transfers of legal firearms between child, parent and/or grandparent. The transfer still needs to be reported to DOJ.

    Comment

    • #3
      Brooke
      Member
      • Apr 2008
      • 228

      Originally posted by leelaw
      Yes, they do.

      ETA: Except intrafamilial transfers of legal firearms between child, parent and/or grandparent. The transfer still needs to be reported to DOJ.
      Thanks. One more ...

      If my Dad in Nevada has a gun not on The List, may he transfer it to me (I live in CA)?

      Comment

      • #4
        hawk1
        In Memoriam
        • Dec 2005
        • 7555

        Originally posted by Brooke
        Thanks. One more ...

        If my Dad in Nevada has a gun not on The List, may he transfer it to me (I live in CA)?
        Yes, but as leelaw said, it must be through a FFL since he is out of state. Be sure you have your Handgun Safety Card as well.
        sigpicNRA LIFE MEMBER

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        • #5
          leelaw
          Junior Member
          CGN Contributor - Lifetime
          • Oct 2005
          • 10445

          Originally posted by Brooke
          If my Dad in Nevada has a gun not on The List, may he transfer it to me (I live in CA)?
          I'm assuming you're talking about a handgun, since this is the handgun forum.

          As long as the handgun is not otherwise banned in CA (ie: an assault wepaon, etc) then he may transfer it to you.

          The intrafamilial transfer of an off-roster handgun across state lines is legal, but not all FFLs will be knowledgable of the exemption. Call your FFL to see if he understand and will accept doing this transfer.

          Intrafamilial transfers of handguns are exempted from the handgun roster. However, the transfer across state lines is regulated by federal law which mandates the transfer be through an FFL.

          How it works:

          You call your FFL and get authorization to do this, first.

          Father ships handgun to your FFL. Have him include a note that this is an intrafamilial gift to you for (whatever reason). He should also include his name and address, just for the FFL's records.

          You go to the FFL to run the transfer.

          When the FFL runs the DROS, he should run the pistol as an "exempt pistol" (the DROS program doesn't have a button for "intrafamilial transfer" so the acceptable choice is "exempt handgun"). The FFL will likely note on the DROS that this is an intrafamilial transfer, and will retain the gift note, or at least a copy.

          Return in 10 days to pick up your pistol.

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44640

            Originally posted by Brooke
            Thanks. One more ...

            If my Dad in Nevada has a gun not on The List, may he transfer it to me (I live in CA)?
            Usual caveats: you're eligible, you have HSC, handgun is not a California 'assault weapon -- Yes, as a gift, through a CA FFL. He can bring it here and both of you go to a willing FFL, or he could ship it to a wllling FFL. The FFL can charge a fee, pretty much whatever s/he wants.
            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
              Moonclip
              Veteran Member
              • Jan 2004
              • 4390

              Pre 1898 handgun or black powder handgun doesn't need a FFL transfer.
              .22short .22lr .22mag .25acp .32acp .32H&Rmag,.35rem .30carbine
              7.62x25Tok 7.62x38r .380acp .38S&W .38spl 9x18Mak 9mmPara .35rem
              9mmLargo .38super .357mag .40S&W 10mm .41mag .44spl .44mag
              .45acp .45LC 6.5Carcano 7.7Japanese 7.62x54r 6.5Swede,6.5x54r
              .30-40Krag 7.5French 8x57Mauser .223Rem 7.62x39 .410bore .30-30
              20ga 12ga .303British 8x56r 7.5x55Swiss .30-06...

              Comment

              • #8
                ctbassman
                Member
                • Mar 2007
                • 360

                The majority of what has been written is wrong. You cannot DROS a gun that is not on the CA DOJ approved roster via an ffl, not even in the curio/relic/exempt. You can legally obtain the gun though. What is required is that either your father brings the gun into CA and gives it to you or you pick it up from him and bring it back. Once the firearm is in your possession you fill out this form, a copy of your HSC, and a money order for $19.00, and mail it to the DOJ. Once you have the gun in your possession you fill out this form and mail it in.

                Operation of Law or Intrafamilial Handgun Transaction Report

                This form is located on the CA DOJ firearms page, no FFL required for a gift, no 10 wait. You either pick it up or your father delivers it to you and you fill this out and comply with the requirements on the form and the pistol is legally yours.

                Comment

                • #9
                  Moonclip
                  Veteran Member
                  • Jan 2004
                  • 4390

                  Originally posted by ctbassman
                  The majority of what has been written is wrong. You cannot DROS a gun that is not on the CA DOJ approved roster via an ffl, not even in the curio/relic/exempt. You can legally obtain the gun though. What is required is that either your father brings the gun into CA and gives it to you or you pick it up from him and bring it back. Once the firearm is in your possession you fill out this form, a copy of your HSC, and a money order for $19.00, and mail it to the DOJ. Once you have the gun in your possession you fill out this form and mail it in.

                  Operation of Law or Intrafamilial Handgun Transaction Report

                  This form is located on the CA DOJ firearms page, no FFL required for a gift, no 10 wait. You either pick it up or your father delivers it to you and you fill this out and comply with the requirements on the form and the pistol is legally yours.

                  So the gun can't be shipped to the FFL? So if you inherited a bunch of non list.non assault weapon, non "high cap mag" equipped handguns due to a death of your dad in another state or soemthing you would have to bring them in personally?
                  .22short .22lr .22mag .25acp .32acp .32H&Rmag,.35rem .30carbine
                  7.62x25Tok 7.62x38r .380acp .38S&W .38spl 9x18Mak 9mmPara .35rem
                  9mmLargo .38super .357mag .40S&W 10mm .41mag .44spl .44mag
                  .45acp .45LC 6.5Carcano 7.7Japanese 7.62x54r 6.5Swede,6.5x54r
                  .30-40Krag 7.5French 8x57Mauser .223Rem 7.62x39 .410bore .30-30
                  20ga 12ga .303British 8x56r 7.5x55Swiss .30-06...

                  Comment

                  • #10
                    leelaw
                    Junior Member
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 10445

                    Originally posted by ctbassman
                    The majority of what has been written is wrong. You cannot DROS a gun that is not on the CA DOJ approved roster via an ffl, not even in the curio/relic/exempt. You can legally obtain the gun though. What is required is that either your father brings the gun into CA and gives it to you or you pick it up from him and bring it back. Once the firearm is in your possession you fill out this form, a copy of your HSC, and a money order for $19.00, and mail it to the DOJ. Once you have the gun in your possession you fill out this form and mail it in.

                    Operation of Law or Intrafamilial Handgun Transaction Report

                    This form is located on the CA DOJ firearms page, no FFL required for a gift, no 10 wait. You either pick it up or your father delivers it to you and you fill this out and comply with the requirements on the form and the pistol is legally yours.
                    Unless I'm forgetting something, what you are suggesting is not lawful.

                    In order for a firearm transfer to be legal, the two non-licensed transfering parties need to be residents of the same state. There is an exemption for interstate transfer of firearms without an FFL, but that has to do with picked-up firearms that were willed to another as part of an estate.

                    As to the intrafamilial transfer above being illegal, you are simply mistaken. It is legal as stated.
                    Last edited by leelaw; 07-27-2008, 3:31 AM.

                    Comment

                    • #11
                      CSACANNONEER
                      CGN/CGSSA Contributor - Lifetime
                      CGN Contributor - Lifetime
                      • Dec 2006
                      • 44093

                      Originally posted by ctbassman
                      The majority of what has been written is wrong. You cannot DROS a gun that is not on the CA DOJ approved roster via an ffl, not even in the curio/relic/exempt. You can legally obtain the gun though. What is required is that either your father brings the gun into CA and gives it to you or you pick it up from him and bring it back. Once the firearm is in your possession you fill out this form, a copy of your HSC, and a money order for $19.00, and mail it to the DOJ. Once you have the gun in your possession you fill out this form and mail it in.

                      Operation of Law or Intrafamilial Handgun Transaction Report

                      This form is located on the CA DOJ firearms page, no FFL required for a gift, no 10 wait. You either pick it up or your father delivers it to you and you fill this out and comply with the requirements on the form and the pistol is legally yours.
                      The majority of what ctbassman wrote here is wrong! Someone (even family) from another state can't just bring a gun across state lines and sell/give it to you unless all laws in both states as well as federal laws are met. In this case they would not be. If the gun is C&R and you have a C&R license then you could go to his state and pick it up. He still could not bring it here and give it to you without going through a DROS.
                      NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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                      Ventura County approved CCW Instructor
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                      Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

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                      Comment

                      • #12
                        HowardW56
                        Calguns Addict
                        • Aug 2003
                        • 5901

                        Originally posted by leelaw
                        Unless I'm forgetting something, what you are suggesting is not lawful.

                        In order for a firearm transfer to be legal, the two non-licensed transfering parties need to be residents of the same state. There is an exemption for interstate transfer of firearms without an FFL, but that has to do with picked-up firearms that were willed to another as part of an estate.

                        As to the intrafamilial transfer above being illegal, you are simply mistaken. It is legal as stated.
                        I've see what he is sugguesting done before without a problem in California...

                        My neighbor's son drove with his family from Az to his dad's (my neighbor) he had two old .22 revolvers he wanted to give his dad. His father called DOJ and all they wanted was the form and money... As long as he personally brought the gun with him and gave it to his father...

                        You can travel from state to state with a firearm, you legally posess as long as it isn't prohinited in the state you are traveling to...
                        sigpic

                        Comment

                        • #13
                          Josh3239
                          Calguns Addict
                          • Dec 2006
                          • 9189

                          It sounds like you are describing a transfer amongst family members that go up and down the family tree, an intrafamilial transfer. That is an entirely different matter. An FFL is not needed if a transfer of firearms go up and down the family tree, this is one of the few transfer that can be done without an FFL.

                          Comment

                          • #14
                            HowardW56
                            Calguns Addict
                            • Aug 2003
                            • 5901

                            Originally posted by Josh3239
                            It sounds like you are describing a transfer amongst family members that go up and down the family tree, an intrafamilial transfer. That is an entirely different matter. An FFL is not needed if a transfer of firearms go up and down the family tree, this is one of the few transfer that can be done without an FFL.

                            THat is exactly what I described, even though he traveled across state lines with it
                            sigpic

                            Comment

                            • #15
                              hawk1
                              In Memoriam
                              • Dec 2005
                              • 7555

                              Originally posted by HowardW56
                              I've see what he is sugguesting done before without a problem in California...

                              My neighbor's son drove with his family from Az to his dad's (my neighbor) he had two old .22 revolvers he wanted to give his dad. His father called DOJ and all they wanted was the form and money... As long as he personally brought the gun with him and gave it to his father...

                              You can travel from state to state with a firearm, you legally posess as long as it isn't prohinited in the state you are traveling to...
                              DOJ may have been fine with it, but the feds say interstate transfers as you mention above must go through a FFL.
                              sigpicNRA LIFE MEMBER

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