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Father to son pistol transfer

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  • evlblkrfl
    Member
    • Feb 2009
    • 471

    Father to son pistol transfer

    My adult son is visiting from a free state and I want to give him a pistol. He's going to take it back home with him. Does he have to do all the kalifornia safety card bs first? Then the family transfer form? Can I just give it to him? Just trying to keep the dark overlords happy.Thanks guys.
  • #2
    ElDub1950
    Calguns Addict
    • Aug 2012
    • 5688

    He's not a CA resident, so the gun has to be sent to an FFL in his state. Feds require that.

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    • #3
      SkyHawk
      I need a LIFE!!
      • Sep 2012
      • 23513

      Originally posted by ElDub1950
      He's not a CA resident, so the gun has to be sent to an FFL in his state. Feds require that.
      This. You can't just hand it to him. CA laws do not apply to this, so no family transfer form, no firearm safety card. It is Fed law you are dealing with.

      The Gun Control Act of 1968 requires all firearms transfers between residents of different states go through a FFL in the receiver state. There is no exception for family. The only exception to this law is if one party died and willed the firearms to someone or they were inherited via succession.

      18 USC 922(a)(5)


      (a) It shall be unlawful
      ...
      (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
      Last edited by SkyHawk; 12-03-2016, 10:42 PM.
      Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

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      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Gun Control Act of 1968

        For the last 48 years...
        Federal laws requires the firearm be transferred to him through a FFL dealer in his State of residence.

        So, you need to deliver the firearm to a FFL dealer in the State where he resides and that FFL dealer will transfer the firearm to him.

        There is no intra-familial gift exemption to this.

        Failure to utilize a FFL dealer equates to a Federal felony for everyone involved.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

        Comment

        • #5
          evlblkrfl
          Member
          • Feb 2009
          • 471

          That answers that. Thanks fellas.

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