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  • Spyder
    CGN Contributor
    • Mar 2008
    • 17041

    Automag and C&R

    Are all Automag's C&R's or is it just the "dirty harry" versions? My dad's got an automag III in .30 carbine that I've talked him into giving me but he's six states away and I really really want it but don't have any way to get it other than sending it to a dealer.

    Are the Automag II, III, IV and V c&r's?
  • #2
    freakshow10mm
    Veteran Member
    • Jun 2008
    • 3061

    If it's 50yrs or older, it's automatically a C&R.

    Comment

    • #3
      hawk1
      In Memoriam
      • Dec 2005
      • 7555

      If your father is giving it to you he can do so through your FFL and the roster will not apply to this "Intra- familial" transfer.

      Read more about it here:

      5. Can I give a firearm to my adult child? Can he/she give it back to me later?

      Yes, as long as the adult child receiving the firearm is not in a prohibited category and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit an Report of Operation of Law or Intra-Familial Handgun Transaction and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).
      sigpicNRA LIFE MEMBER

      Comment

      • #4
        dfletcher
        I need a LIFE!!
        • Dec 2006
        • 14787

        Originally posted by Spyder
        Are all Automag's C&R's or is it just the "dirty harry" versions? My dad's got an automag III in .30 carbine that I've talked him into giving me but he's six states away and I really really want it but don't have any way to get it other than sending it to a dealer.

        Are the Automag II, III, IV and V c&r's?
        These are the Automags listed by ATF as C & R eligible:

        Auto-Mag pistols, calibers .44 AMP and .357 AMP, mfd. and/or assembled by Auto-Mag Corporation, TDE, OMC, High Standard, Lee Jurras or AMT from 1969to 1985.

        Note that the C & R designation is caliber specific.
        GOA Member & SAF Life Member

        Comment

        • #5
          Spyder
          CGN Contributor
          • Mar 2008
          • 17041

          Yea, that's what I was worried about. Because its not the .44AMP or .357 AMP, I didn't think it would be. It's not fifty years old (made in 89-91) and because my dad is out of state, he would have to ship it in to california, in which case I don't believe the father-to-son transfer is doable. It would be the same as any other interstate transfer and would go down as a dealer sale. Hopefully I'm wrong though!

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by Spyder
            because my dad is out of state, he would have to ship it in to california, in which case I don't believe the father-to-son transfer is doable. It would be the same as any other interstate transfer and would go down as a dealer sale. Hopefully I'm wrong though!
            Incorrect.
            Yes, it would have to be shipped to an FFL in CA, but it could be DROSed to you as a Roster-exempt transaction per the intra-family exemption. The dealer would be free to charge whatever transfer fee he wanted, would not be limited to a $35 PPT.

            Others have mentioned that a letter from Pops stating that the gun was a gift can help facilitate the transaction.
            Jack



            Do you want an AOW or C&R SBS/SBR in CA?

            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

            Comment

            • #7
              hawk1
              In Memoriam
              • Dec 2005
              • 7555

              Originally posted by Spyder
              Yea, that's what I was worried about. Because its not the .44AMP or .357 AMP, I didn't think it would be. It's not fifty years old (made in 89-91) and because my dad is out of state, he would have to ship it in to california, in which case I don't believe the father-to-son transfer is doable. It would be the same as any other interstate transfer and would go down as a dealer sale. Hopefully I'm wrong though!
              You are wrong. Didn't you read my post above? The state allows for father to son transfer and the roster is not applicable to it.

              The Feds do not have a "family" transfer so that is why it needs to go through a FFL.

              Just shop FFL's for their lowest rate to do this transfer for you. Post what city you are close to and we'll give you suggestions on where to go.
              sigpicNRA LIFE MEMBER

              Comment

              • #8
                dfletcher
                I need a LIFE!!
                • Dec 2006
                • 14787

                Just curious, how does the FFL determine if it's a "father to son" deal? Is documentation required?

                If Joe Blow in Idaho goes to an FFL, the FFL mails it to a CA FFL & Fred Smith says "Joe Blow's my Dad" is that it?
                GOA Member & SAF Life Member

                Comment

                • #9
                  Spyder
                  CGN Contributor
                  • Mar 2008
                  • 17041

                  Ok. I've already got my ffl all lined up. Pretty sure he'll be onboard for it and charge a reasonable price. Sweet. I'll go talk to him tomorrow and see what how to do it.

                  I've bought a couple of SA oll's from him, along with a P6 and a bunch of random other stuff in the last few months. Cool guy, great shop. Gunsmith and Mercantile in Yuba City, CA.

                  Comment

                  • #10
                    freakshow10mm
                    Veteran Member
                    • Jun 2008
                    • 3061

                    Gifts of firearms does not only cover family transfers, it covers all gifts. I can gift a firearms to anyone that is legally able to own the firearm.

                    Comment

                    • #11
                      ke6guj
                      Moderator
                      CGN Contributor - Lifetime
                      • Nov 2003
                      • 23725

                      Originally posted by freakshow10mm
                      Gifts of firearms does not only cover family transfers, it covers all gifts. I can gift a firearms to anyone that is legally able to own the firearm.
                      Yes, but in this case, we are talking about importing a non-Rostered handgun that would normally not be permitted. But since it is coming from his father, it is a transaction exempt from the ROster. And, since an intra-family inter-state transfer is uncommon, the FFL may need some help in understanding it. And a "gift" letter from the father to the son helps show the intra-family exemption.

                      A handgun gift from a person not in the straight-up/down the family tree, grandfather, father, or son, would need to be on the roster to be transfered though an FFL, except in a PPT or consignment transfer.
                      Jack



                      Do you want an AOW or C&R SBS/SBR in CA?

                      No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                      Comment

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