Delay in transfer

[LeadFarmer74]

not sure if I can agree with that based on this [URL]http://www.calguns.net/calgunforum/showthread.php?t=1058641/URL] but still looking for answer to original questions 30 days passed and they want me to pay dros again. and why would only 1 of 3 pass if all on same check??

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Once again buddy you can only dro 1 handgun per 30 days. So they denied two and you got approved on your one. Just go to the store and pick them up because you are exempt from the federal law. Did you PM Fiddletown?

[taperxz]

not sure if I can agree with that based on this [URL]http://www.calguns.net/calgunforum/showthread.php?t=1058641/URL] but still looking for answer to original questions 30 days passed and they want me to pay dros again. and why would only 1 of 3 pass if all on same check??

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Your CA FFL and your New Jersey FFL could have told you that you didn't need them if you told them this was an inheritance.

If they/you didn't, they are treating this as a regular interstate transfer where you are subject to the 1 in 30 rule but still exempt from the roster.

The state doesn't know or care if they were an inheritance. There is nothing to notify them about this via the DROS system. You needed to do a self registration online or via paper after the guns were sent to you direct.

[taperxz]

Once again buddy you can only dro 1 handgun per 30 days. So they denied two and you got approved on your one. Just go to the store and pick them up because you are exempt from the federal law. Did you PM Fiddletown?

You can't do that once the FFL has received them. They would have to go back to where they came from and start over.

[LeadFarmer74]

You can't do that once the FFL has received them. They would have to go back to where they came from and start over.

Why? If he already owns them then.....

[taperxz]

Why? If he already owns them then.....

There are only two exemptions in CA to take a gun from an FFL without the 10 day wait. Law enforcement with a letter from the chief/sheriff or an FFL with a CFD.

Even when a consignor decides not to sell his guns, in order to get them back he must go through the DROS process in order to get them back.

Its CA law.

[Librarian]

Not litigation - moved.

[taperxz]

False, he is NOT exempt from using not having to use an FFL. Even if it is an interfamilial transfer of an off-roster firearm, it MUST be transferred through an FFL unless the firearm was already pre-existing in CA.

These interfamilial transfers are also EXEMPT from the 30-day handgun restriction as they were not a DEALER HANDGUN TRANSACTION, which is a selection the DEALER chooses through the initial DROS. Interfamilial transfers are done as exempt handgun sales which are exempt from the 30 day.

A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

[SkyHawk]

Should have come here first. FFL not required for inherited firearms from direct family.

False, he is NOT exempt from using not having to use an FFL. Even if it is an interfamilial transfer of an off-roster firearm, it MUST be transferred through an FFL unless the firearm was already pre-existing in CA.

These interfamilial transfers are also EXEMPT from the 30-day handgun restriction as they were not a DEALER HANDGUN TRANSACTION, which is a selection the DEALER chooses through the initial DROS. Interfamilial transfers are done as exempt handgun sales which are exempt from the 30 day.

ATF laws are one thing, State/DOJ laws have been told otherwise..

You are wrong. Just stop already. CA law explicitly provides for FFL free transfer into CA when inherited from direct family. Inherited - that means someone died. And as noted, so does Fed law. If both people are still living then you are correct, it requires FFL. But this thread is about inheriting firearms, so let's keep it relevant for the OP.

And while off topic for this thread, intrafamily interstate handgun transfers ARE subject to one in thirty. So you are wrong there as well.

PC27585(b)(6)

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27585.&lawCode=PEN

27585.
(a) Commencing January 1, 2015, a resident of this state shall not import into this state, bring into this state, or transport into this state, any firearm that he or she purchased or otherwise obtained on or after January 1, 2015, from outside of this state unless he or she first has that firearm delivered to a dealer in this state for delivery to that resident pursuant to the procedures set forth in Section 27540 and Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.
(b) Subdivision (a) does not apply to or affect any of the following:
...
(6) A person who complies with subdivision (b) of Section 27875.

PC27875(b)

27875.

(b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.

[foffie]

Should have come here first. FFL not required for inherited firearms from direct family.








You are wrong. Just stop already. CA law explicitly provides for FFL free transfer into CA when inherited from direct family. And as noted, so does Fed law.

PC27585(b)(6)

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27585.&lawCode=PEN

PC27875(b)

woooo..... thus is getting heated.... so is it basically too late and I just need to ride it out or can I stop the FFL and just take em outright??

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[Librarian]

You were federally exempt from the FFL requirement since this was an inheritance

Those guns could have been sent to you and you could have self registered them

Note: You needed to be the actual person who inherited these guns. This would not apply to Mom or Dad getting them and passing them on to you after THEY INHERITED THEM and simply wanted you to have them after the fact.

If thats the case, you were exempt from the federal law that requires the use of an FFL from an out of state transfer. Since the guns were in fact sent to an FFL, you missed that window and must adhere to the process unless you want to send them back to where they came from and start over.

This is correct. See also the wiki -- http://wiki.calgunsfoundation.org/in...and_Interstate

[EvoXguy]

Might this LGS be off Winchester?

[foffie]

Might this LGS be off Winchester?

it might

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[foffie]

So..... lesson learned check with calguns first lol. But end result 2 days after the 30 days they released em. i guess the government felt i was more likely to commit a crime with 2 revolvers than an old 1911 Still waiting on my delay letter from DOJ but whatever. Anyways figured I'd share what I waited so long for. Also got this 50 cal black powder rifle that should be quite fun

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