Gifting firearms

[JonChimpo]

Hi there,

Cal DOJ has been no help on this one for me. I've sifted through contradictory sites, threads, unclear laws, ect.

My cousin that lives in WA state wants to gift me a Winchester 70 xtr, and a Remington 1100, both purchased new in early 80s. He wanted to just give them too me me without registering, or transfer. I said we have to transfer them through a FFL. Am i just brainwashed thinking that everything must be approved by our state masters?

My cousin is under impression because we are family, and they are long guns that no paper work is needed.

Any help would be appreciated.

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[lexanidubs09]

Someone with a lot more knowledge than me will chime in shortly. But, from what I know the only way it can be done is if both guns are transferred through an FFL. Your cousin may be family but doesn't qualify for intrafamilial transfer as they need to be direct family and up or down a generation if I'm not mistaken. For instance, Mother/Father to Son/Daughter.

[edgerly779]

You are not family in this regard must go thru ffl here. He is clueless.

[JonChimpo]

Someone with a lot more knowledge than me will chime in shortly. But, from what I know the only way it can be done is if both guns are transferred through an FFL. Your cousin may be family but doesn't qualify for intrafamilial transfer as they need to be direct family and up or down a generation if I'm not mistaken. For instance, Mother/Father to Son/Daughter.

That's what I thought. When he brought it up, he stated some wiki ca doj law. Didnt seem right, so i started to research it.

I can't even get an off roster gun from my sister in OR, but i thought he knew something I didn't with the long guns.

Thank you

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[SkyHawk]

Residents of different states must use a FFL in the recipient state when transferring firearms unless the recipient is a FFL. It does not matter if it is family or not - mom, dad doesn't matter.

Since 1968 it has been the law in all 50 states. It is not just CA. There is no exemption for family gifts etc. There is only an exemption if one party is deceased.

18 USC 922(a)(3) and 922(a)(5)

https://www.law.cornell.edu/uscode/text/18/922

[JonChimpo]

Residents of different states must use a FFL in the recipient state when transferring firearms unless the recipient is a FFL. It does not matter if it is family or not - mom, dad doesn't matter.

Since 1968 it has been the law in all 50 states. It is not just CA. There is no exemption for family gifts etc. There is only an exemption if one party is deceased.

18 USC 922(a)(3) and 922(a)(5)
https://www.law.cornell.edu/uscode/text/18/922

Does the same go for hand guns that are willed after a loved one passes away?

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[P5Ret]

Does the same go for hand guns that are willed after a loved one passes away?

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No that situation is the one exemption to an interstate transfer that does not require an FFL to be used. However Ca law requires an FFL if it is not following direct family line, parent or grandparent to child or grandchild or the reverse.

[onelonehorseman]

Does the same go for hand guns that are willed after a loved one passes away?

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Yes, but there are also other issues with handguns. If the person gifting it is not a direct linear relative, then the CA handgun roster applies and could prohibit the transfer of many models.

I any case, the firearm must not violate any CA AW laws.

[JonChimpo]

Yes, but there are also other issues with handguns. If the person gifting it is not a direct linear relative, then the CA handgun roster applies and could prohibit the transfer of many models.

I any case, the firearm must not violate any CA AW laws.

What's an AW?

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[edgerly779]

Assault weapon.

[JonChimpo]

Assault weapon.

What the hell is an assault weapon?

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[JonChimpo]

I'm being sarcastic.

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[fiddletown]

...My cousin is under impression because we are family, and they are long guns that no paper work is needed.....

Your cousin is wrong.

There potential issue in California becauses some long guns are prohibited or subject to restriction, but that doesn't appear to be an issue here with the long guns you mention. But because you are residents of different States, federal law applies.

Here's the whole story under federal law (and note paragraph C with regard to California).

1. Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
   
   
3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
   
   
4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. Here's what the statutes say:

   18 U.S.C. 922. Unlawful acts
   
   
   ...
   
   (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
   

   (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;

   
   ...
   
   (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;

   
   ....
   
   (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
   ...
   
   (3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph
   

   (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
   
   (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

   
   ...

   
   
7. Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.

[edgerly779]

assault weapon is any black rifle idiot libtards say it is. look it up in websters under clueless.

[SkyHawk]

Does the same go for hand guns that are willed after a loved one passes away?

There is a federal exemption for firearms that are bequeathed, and also a CA state exemption. But the state exemption only applies if the deceased person was a DIRECT family member, meaning your blood parent/grandparent/child/grandchild, and not step-person or person-in law.