Transfer between siblings

[Captain Bob]

[Garv]

No.

[CSACANNONEER]

That would be against both CA law and Federal law.

[G_FNH57]

[Quiet]

Nope.

Federal laws prohibits the transfer of firearms between residents of different States unless a FFL is utilized. [18 USC 922(a)(3)&(5)]

There is no intra-familial or gift exemption to the Federal laws.

Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

CA laws requires a CA resident to utilize a CA FFL dealer to legally import firearms they acquire from out-of-state into CA. [PC 27585(a)]

Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].

Firearms imported to CA must be CA legal and can not include any large capacity magazines or large capacity magazine part kits.
If the firearms are handguns, then they must be listed on the Roster of Handguns Certified for Sale or be exempt from it (LEO, C&R, OTP, SAE, SSE2, out-of-state intra-familial/operation of law transfer).

A sibling is not considered an immediate family member for the purpose of CA firearm laws. [PC 16720]
Therefore, a sibling to sibling transfer does not qualify for the out-of-state intra-familial gift transfer exemption to the on-Roster requirement.

[Librarian]

And, a transfer to a parent, knowing that a subsequent transfer to another is planned, is Ungood - PC 27515

ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 27590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

27515.

No person, corporation, or dealer shall sell, loan, or transfer a firearm to anyone whom the person, corporation, or dealer knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to anyone who is not the one actually being loaned the firearm, if the person, corporation, or dealer has either of the following:

(a) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the provisions of Section 27540 or 27545.

(b) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the requirements of any exemption to the provisions of Section 27540 or 27545.

[BrokerB]

Im not clear on the logic of you cant give personal property to a family member.

[edgerly779]

^^Firearms under Federal law . Not interstate if from siblings. Read the law.

[Librarian]

Im not clear on the logic of you cant give personal property to a family member.

^^Firearms under Federal law . Not interstate if from siblings. Read the law.

Both Feds and CA have decided firearms are not merely 'personal property' - guns are 'special'.

Feel free to Write Your Congress-critter to get the law changed.