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  • BothEyesOpen
    Member
    • Jun 2013
    • 274

    Inter state Intrafamiliar Help

    OK so heres the thing, Mother in Law is going to Gift an Off roster M&P 40 to my wife. They are biological. Mother in LAW lives out of state and is coming over soon and wants to bring the firearm with her. Now i have called all kinds of FFL and i keep getting different answers.

    One is saying all we need to do is get the gun and fill out a Intrafamilar form and send it to the DOJ. another place is saying its not possible since mother in law does not have a California ID. Other place is saying its possible but we need to have her ship it to them from another FFL in Nevada.

    Can someone please point me in the right direction preferably a shop local to the 909 or 951 area that can help us with this.

    She also had a mossberg 500 that i wish to purchase from her that is California complaint so i want to DROS that one also if i can for my self.

    Please any help would be appreciated. Thanks.
  • #2
    cavemanlrrp
    Senior Member
    • Jul 2010
    • 1079

    First you need to find an FFL that dose know the law and procedure.
    Then when Mom gets here wife and mom go to said FFL do the paper work and 10 days later wife picks up gun.

    Best
    caveman
    A mans words may paint a pretty picture, but his actions show his true colors.

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44646

      None of the above.

      Mom-in-law lives in Nevada?

      The CA-resident-only OPLAW form is out - Federal law requires a CA FFL from a NV resident to a CA-resident.

      Perfectly legal for out of state parent to transfer to CA child through a CA FFL.

      A particular FFL might prefer shipment from a NV FFL, but it's not required, it's just that shop's business policy. A 'walk-in' is legal.

      But remember such a transfer would be an 'interstate transfer' and the shop may charge whatever they like for the service.

      See also the wiki articles,

      and
      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      Frozen in 2015, it is falling out of date and I can no longer edit the content.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

      • #4
        cavemanlrrp
        Senior Member
        • Jul 2010
        • 1079

        There is a sticky in the " how laws apply" section.

        I had to show it to three gun stores before one would do it.

        Best
        caveman
        A mans words may paint a pretty picture, but his actions show his true colors.

        Comment

        • #5
          MotoFahren
          Senior Member
          • Mar 2015
          • 643

          Did you mean walk in is "not legal"? You can't drive it here and walk into an ffl with it, correct?
          "Simplify, then add lightness." - Colin Chapman

          Comment

          • #6
            cavemanlrrp
            Senior Member
            • Jul 2010
            • 1079

            A little time overlap on posts.

            Go read links Librarian posted.

            Mom can walk in with your wife.

            You may have to educate FFL before mom gets here.
            Have info handy.

            Best
            caveman
            Last edited by cavemanlrrp; 05-25-2017, 5:15 PM.
            A mans words may paint a pretty picture, but his actions show his true colors.

            Comment

            • #7
              BothEyesOpen
              Member
              • Jun 2013
              • 274

              So anyone know a shop local to the 909 or 951 area that would do this kind of transfer ??

              Comment

              • #8
                ElDub1950
                Calguns Addict
                • Aug 2012
                • 5688

                Originally posted by MotoFahren
                Did you mean walk in is "not legal"? You can't drive it here and walk into an ffl with it, correct?
                It IS legal for the mom to bring it here and deliver it to the FFL. But as stated you need to clear all that ahead of time with the FFL. Some want it shipped to them but it's not required .. just their policy.

                Comment

                • #9
                  hvacins
                  Member
                  • Nov 2013
                  • 145

                  Any chance you can go a little further out of your area code??? Say to West Covina perhaps? Talk to Chris and Aces Jewelry and Loan, he sincerely knows his ish about interstate intrafamily transfers. It will cost you $50 per firearm to do it, $25/DROS plus $25 for the 4473. I am kinda in the same position you are in, I've walked and talked to many FFL's in the area and the information you get is all over the map! Long story real short...
                  California doesn't care about details, when you see the intrafamily transfer form it's dumb Vague and it would go through, all they ask for is name and relationship of the person gifting it to you.

                  Where you run into problems is on the FEDERAL side as they don't care WHERE the firearm currently is and don't care who it's from, THEY CARE ABOUT CROSSING STATE LINES.

                  In the end, go to YOUR local FFL, do your standard DROS, Fill out the form 4473 and they will need to put the code in for ROSTER EXEMPT, typically C&R/OTHER TRANSFER. You are roster exempt, the 1 in 30 STILL APPLIES, the 10 day wait applies, No sales tax (Due to family gift) it's virtually just like any other firearm transfer.

                  This is the only truly LEGIT way to gift a firearm from out of state, I don't care who you are or how many times you've done it the other way.... just because the ish hasn't hit the fan yet, some day some suit and tie guy may cross paths with your paperwork and slap on a nice pair of shiny bracelets on your wrists.

                  Cover Your Arse and go to the local FFL dros/4473 route, it's a small price to pay for relief of not needing to watch your back for the rest of your life.

                  Aces Jewelry & Loan is a pawn shop located in West Covina, CA.



                  Sent from my iPhone using Tapatalk

                  Comment

                  • #10
                    hvacins
                    Member
                    • Nov 2013
                    • 145

                    Feel free to pm me if you wanna talk this over the phone. Takes less time and banter to get the answers you need in regards to interstate intrafamily transfer. ✌️


                    Sent from my iPhone using Tapatalk

                    Comment

                    • #11
                      SkyHawk
                      I need a LIFE!!
                      • Sep 2012
                      • 23513

                      Originally posted by MotoFahren
                      Did you mean walk in is "not legal"? You can't drive it here and walk into an ffl with it, correct?
                      Yes, you can. Yes, it is legal.

                      The daughter cannot go to NV and bring it back home to CA, and daughter can't bring it to a FFL here. But Mom can drive here from NV and present the gun to a CA FFL in person for transfer to daughter - if the CA FFL will accept the walk in transfer and knows how to process a roster exempt DROS to the daughter.


                      This is where a good FFL relationship is invaluable.
                      Last edited by SkyHawk; 05-25-2017, 7:40 PM.
                      Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

                      Comment

                      • #12
                        bonnfamily
                        Junior Member
                        • Dec 2015
                        • 21

                        2A zone in Rancho Cucamonga. Call and make an appointment for when mother in law is here.

                        Sent from my SM-G930T using Tapatalk

                        Comment

                        • #13
                          hvacins
                          Member
                          • Nov 2013
                          • 145

                          Here's a good read...




                          Sent from my iPhone using Tapatalk

                          Comment

                          • #14
                            BothEyesOpen
                            Member
                            • Jun 2013
                            • 274

                            Originally posted by hvacins
                            Any chance you can go a little further out of your area code??? Say to West Covina perhaps? Talk to Chris and Aces Jewelry and Loan, he sincerely knows his ish about interstate intrafamily transfers. It will cost you $50 per firearm to do it, $25/DROS plus $25 for the 4473. I am kinda in the same position you are in, I've walked and talked to many FFL's in the area and the information you get is all over the map! Long story real short...
                            California doesn't care about details, when you see the intrafamily transfer form it's dumb Vague and it would go through, all they ask for is name and relationship of the person gifting it to you.

                            Where you run into problems is on the FEDERAL side as they don't care WHERE the firearm currently is and don't care who it's from, THEY CARE ABOUT CROSSING STATE LINES.

                            In the end, go to YOUR local FFL, do your standard DROS, Fill out the form 4473 and they will need to put the code in for ROSTER EXEMPT, typically C&R/OTHER TRANSFER. You are roster exempt, the 1 in 30 STILL APPLIES, the 10 day wait applies, No sales tax (Due to family gift) it's virtually just like any other firearm transfer.

                            This is the only truly LEGIT way to gift a firearm from out of state, I don't care who you are or how many times you've done it the other way.... just because the ish hasn't hit the fan yet, some day some suit and tie guy may cross paths with your paperwork and slap on a nice pair of shiny bracelets on your wrists.

                            Cover Your Arse and go to the local FFL dros/4473 route, it's a small price to pay for relief of not needing to watch your back for the rest of your life.

                            Aces Jewelry & Loan is a pawn shop located in West Covina, CA.



                            Sent from my iPhone using Tapatalk

                            Thanks Man ended up taking mother in law out there with gift letter and copy of her ID. Now i just have to take the wife back on Wednesday to start the DROS process on them.

                            Thanks again.

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