done

[Jay-lee]

gone

[Librarian]

Who is stationed out of state? As written, could be either father or brother.

Doesn't matter very much - military with PCS orders to a state location are residents of that state and that state only for gun purposes.

Son to father is 'immediate family', so the transfer would be Roster-exempt.

Federal law says the form cannot be used. Interstate handgun transfer requires an FFL in the state of residence of the receiver.

[fiddletown]

My brother wants to gift our father a gun but he is currently stationed out of state. Can he bring a firearm into CA and have my dad fill out the intrafamliar transfer? ...

No, that would be a violation of federal law. In general, federal law requires that a transfer of a gun from a resident of one State to a resident of another must go through an FFL.

So your brother would need to arrange to get the gun to a California FFL to transfer to your father. The FFL would do the transfer following all the usual rules, 4473, DROS, ten day wait, etc. The father would need his FSC.

For the purposes of federal law the gun can get to the transfer FFL by any legal means. So it would be legal under federal law --

• for the transferee to hand deliver the gun(s) to the transfer FFL; or
  
  
• for the transferee to personally ship the gun(s) in a legal manner (i. e., FedEx or UPS for long guns or handguns, or USPS for rifles or shotguns only) to the transfer FFL; or
  
  
• for the transferee to have an FFL ship the gun(s) on his behalf to the transfer FFL.

However some FFLs have their own business policies. For example, some won't accept "walk-ins" for transfer, or some won't accept for transfer guns shipped by a non-FFL. FFLs may also charge a fee for doing the transfer. So it makes some sense to do some shopping for a transfer FFL to find one whose fee is acceptable and to work out mutually acceptable procedures for delivery.

[Jay-lee]

Sorry so my.brother is stationed out of state. He wants to gift the gun to my father when he comes to visit. It is not on the roster so he wouldn't be able to ship it here. So from my understanding he cannot do the intrafamliar transfer while he is here? And cannot transfer via ppt because he is not currently a CA resident?

[wowsza]

It is not on the roster so he wouldn't be able to ship it here.

yes, he can.

you'll need to find an FFL willing to perform an intrafamilial transfer from out of state, and ship it to them for the transfer.

[Jay-lee]

yes, he can.

you'll need to find an FFL willing to perform an intrafamilial transfer from out of state, and ship it to them for the transfer.

I thought an ffl wouldn't accept off roster pistols via shipment?

[P5Ret]

I thought an ffl wouldn't accept off roster pistols via shipment?

You thought wrong. The only thing that the roster does is prevent a dealer from selling a handgun not on the roster. An intrafamily transfer from out of state is legal.


There is no law requiring it to be shipped. If you can find a local dealer who will accept a walk in interstate transfer and understands the process, they can do the transfer that way. Remember no greater than 10 round mags may be brought into the state.

[wowsza]

I thought an ffl wouldn't accept off roster pistols via shipment?

for an intrafamilial transfer, they can.


there are two hangups though:

1. you need to find an FFL willing to perform said intrafamilial transfer

2. that FFL must be willing to accept shipments from individuals (as opposed to FFLs)

[CSACANNONEER]

for an intrafamilial transfer, they can.


there are two hangups though:

1. you need to find an FFL willing to perform said intrafamilial transfer

2. that FFL must be willing to accept shipments from individuals (as opposed to FFLs)

For ANY roster exempt transfer they can. Hell, they can accept the shipment even if they can't transfer it to the buyer and just make the buyer use them as a broker. Of course, while that would be legal, it would be highly unethical.

[Jay-lee]

Thanks for all the replies guys that gives me some peace of mind, I know my dad will be stoked he doesn't even know it yet!

[Erion929]

Thanks for all the replies guys that gives me some peace of mind, I know my dad will be stoked he doesn't even know it yet!

Not sure if you understood it, but see post #3.....yes, your brother CAN PERSONALLY BRING the gun to a Cali FFL and do the 10-day DROS transfer for intrafamilial transfer....besides shipping it.


-

[Steve1968LS2]

Who is stationed out of state? As written, could be either father or brother.

Doesn't matter very much - military with PCS orders to a state location are residents of that state and that state only for gun purposes.

Son to father is 'immediate family', so the transfer would be Roster-exempt.

Federal law says the form cannot be used. Interstate handgun transfer requires an FFL in the state of residence of the receiver.

Could the brother bring the gun into CA and then go with the father to an FFL for the transfer or does the gun have to ship into CA to the FFL?

[fiddletown]

Could the brother bring the gun into CA and then go with the father to an FFL for the transfer or does the gun have to ship into CA to the FFL?

For the purposes of federal law the gun can get to the transfer FFL by any legal means. So it would be legal under federal law --

• for the transferee to hand deliver the gun(s) to the transfer FFL; or
  
  
• for the transferee to personally ship the gun(s) in a legal manner (i. e., FedEx or UPS for long guns or handguns, or USPS for rifles or shotguns only) to the transfer FFL; or
  
  
• for the transferee to have an FFL ship the gun(s) on his behalf to the transfer FFL.

However some FFLs have their own business policies. For example, some won't accept "walk-ins" for transfer, or some won't accept for transfer guns shipped by a non-FFL. FFLs may also charge a fee for doing the transfer. So it makes some sense to do some shopping for a transfer FFL to find one whose fee is acceptable and to work out mutually acceptable procedures for delivery.

[Jay-lee]

Not sure if you understood it, but see post #3.....yes, your brother CAN PERSONALLY BRING the gun to a Cali FFL and do the 10-day DROS transfer for intrafamilial transfer....besides shipping it.


-

So there is still a 10 day waiting period even if it's an intrafamilial transfer? This state is beyond stupid.

[Librarian]

So there is still a 10 day waiting period even if it's an intrafamilial transfer? This state is beyond stupid.

Well, yes, the laws here are stupid, but in this case this is not an example thereof.

10-day wait is required because the transfer is forced into a CA FFL by Federal law on interstate transfer.

It's also subject to 1-in-30 - interstate intrafamilial is not a PPT and is not listed among the exemptions.

Remember, our legislators generally know nothing about gun technology, and little about laws; what they care about is getting re-elected. Passing laws is their measure of productivity.