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  • HoosierD
    Member
    • Mar 2014
    • 190

    Gifting and Delivery

    I have read and read looking for a specific scenario of interstate handgun gifting to son (older than 30), and unclear on a few things. I have scoured previous posts and the wiki. Looking for expert opinion/knowledge. My resultant questions.

    1) Texas resident father wants to buy son non-roster handgun as a gift. Can father purchase a new handgun (in Texas) as a gift to son, or is father violating Form 4473, 11a? He is the buyer, but going to gift it to his son.

    2) I understand the FFL transfer requirements completely. Can father fly to CA with any handgun (following all appropriate airline protocol) and transfer to son at an FFL, or is father required to ship to a CA FFL for transfer?

    I understand magazine requirements and that part is easy. Father ships disassembled and son permanently modifies to 10 round during reassembly.
  • #2
    saudadeii
    Veteran Member
    • Dec 2012
    • 3408

    Heres' the wiki on intrafamilial transfers.

    My Marketplace Feedback: https://www.calguns.net/forum/market...k#post54003245

    Comment

    • #3
      saudadeii
      Veteran Member
      • Dec 2012
      • 3408

      Originally posted by HoosierD
      I understand magazine requirements and that part is easy. Father ships disassembled and son permanently modifies to 10 round during reassembly.
      As of 1 Jan 2014, you can no no longer ship large cap magazine kits into the state.

      You need to make them 10 round mags before you send.
      My Marketplace Feedback: https://www.calguns.net/forum/market...k#post54003245

      Comment

      • #4
        Baboosh
        Calguns Addict
        • Jun 2008
        • 6769

        1) As long as the father is transferring the handgun legally to his son this is not a violation of 11a. This is more for people who buy guns for convicted felons, not for people who will be transferring legally to others.

        2) If the father flys to CA it will be treated as a transfer so the dealer can charge whatever he wants for it. It is not exempt from the 1 in 30 rule. He will still need a gift letter.

        Do not bring parts kit into the state. Ship them to a dealer with the permits and pay them to pin them for you.
        Just a normal guy

        Comment

        • #5
          morrcarr67
          I need a LIFE!!
          • Jul 2010
          • 14927

          Originally posted by HoosierD
          .......

          1) Texas resident father wants to buy son non-roster handgun as a gift. Can father purchase a new handgun (in Texas) as a gift to son, or is father violating Form 4473, 11a? He is the buyer, but going to gift it to his son.

          2) I understand the FFL transfer requirements completely. Can father fly to CA with any handgun (following all appropriate airline protocol) and transfer to son at an FFL, or is father required to ship to a CA FFL for transfer?

          I understand magazine requirements and that part is easy. Father ships disassembled and son permanently modifies to 10 round during reassembly.
          This will answer your first question:

          Originally posted by 4473 page 4 of 6

          Question 11.a. Actual Transferee/Buyer:
          For purposes of this form, you are
          the actual transferee/buyer if you are purchasing the firearm for yourself or
          otherwise acquiring the firearm for yourself
          (e.g., redeeming the firearm from
          pawn/retrieving it from consignment, firearm raffle winner)
          . You are also the
          actual transferee/buyer if you are legitimately
          purchasing the firearm as a gift
          for a third party.
          As to your second question Yes; kind of.

          Not all FFL's will allow this. Check with the CA FFL and see what his rules are. His FFL His rules. Also keep in mind that this IS NOT A PPT so the CA FFL may and will charge what ever they want for the transfer. Lastly not all CA FFL's understand that all Intrafamiliar Gifts are roster exempt. Be sure the CA FFL knows this is an off roster gift and is ok with it.

          As was mentioned new laws that went into effect on 2014.01.01 will not allow to to bring in parts that could be used to make greater than 10 round magazines. You will need to have them permanently; what ever that means, converted to hold no more than 10 rounds before they come to CA.
          Last edited by morrcarr67; 03-28-2014, 2:11 PM.
          Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

          Originally posted by Erion929

          Comment

          • #6
            HoosierD
            Member
            • Mar 2014
            • 190

            Less than 20 minutes! Wish the rest of the world worked this way. Thanks everyone.

            1) I didn't read the instructions on 4473 11a. My bad.
            2) We'll see if I can find a knowledgeable and willing FFL.
            3) That was close on the magazines. MUCH thanks. I'll discuss with the accepting FFL (pin, block, both,...) before so I don't end up without magazines. Read a lot on this topic too, but not enough yet.

            Comment

            • #7
              Baboosh
              Calguns Addict
              • Jun 2008
              • 6769

              You are in Ventura, hit up EBR Works

              Just a normal guy

              Comment

              • #8
                HoosierD
                Member
                • Mar 2014
                • 190

                Yep. He has exactly what I need, and was going to drop him a note to see if he'll do the transfer.

                Comment

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