inter family transfer

[badicedog]

I need some help/advise on a family transfer. 1 hand gun(glock 45 Gen 5) and a brownells pistol lower. I am unsure how to fill out the form on the pistol lower. It's been some time since I've done a transfer. I understand that I do NOT need to use a FFL since its a family transter but I am unsure about the pistol lower. Do I still mark it down as a single fire pistol? Thanks a million.

[edgerly779]

Must be up or down. No siblings, aunts,uncled in laws. Must be ftf with both parties being ca resident or must go thru ffl if interstate . It is an intrafamilial transfer. Lots of posts on thick. How was brownells lower originally drosed?

[SkyHawk]

If the person giving these to you lives out of state then you DO need to use a FFL

[badicedog]

Must be up or down. No siblings, aunts,uncled in laws. Must be ftf with both parties being ca resident or must go thru ffl if interstate . It is an intrafamilial transfer. Lots of posts on thick. How was brownells lower originally drosed?

I believe the Lower was dros as a stripped lower which it is. Not rifle nor pistol, it has never been assembled or had a buttstock

[morrcarr67]

I believe the Lower was dros as a stripped lower which it is. Not rifle nor pistol, it has never been assembled or had a buttstock

If it was sold originally in CA it has to have been DROSed as a long gun or pistol. There is no way for them to DROS it as a stripped lower.

Was this sold in CA originally? Is it being given to you by a CA resident? If not you can't just fill out the OpLaw form. You and the family member giving it to you would be committing federal felonies.

Sent from my motorola one action using Tapatalk

[SkyHawk]

I believe the Lower was dros as a stripped lower which it is. Not rifle nor pistol, it has never been assembled or had a buttstock

It was DROSd as a long gun unless the person DROSing it was a cop. In CA, stripped lowers are DROSd as long guns.

It is very hard to give you much information without knowing who you got these from, what state that person lives in etc.

[ohsmily]

I need some help/advise on a family transfer. 1 hand gun(glock 45 Gen 5) and a brownells pistol lower. I am unsure how to fill out the form on the pistol lower. It's been some time since I've done a transfer. I understand that I do NOT need to use a FFL since its a family transter but I am unsure about the pistol lower. Do I still mark it down as a single fire pistol? Thanks a million.

Inter family transfers (between different families) are standard FFL transfers. Intrafamilial transfers (transfers within the same family vertically in the lineage) are exempt and may be done by mailing paperwork to the DOJ.

[ar15barrels]

I believe the Lower was dros as a stripped lower which it is. Not rifle nor pistol, it has never been assembled or had a buttstock

If the stripped lower was DROS'd in CA, it was DROS'd as a long gun unless the buyer was roster exempt and specifically had the transfer done as a pistol.

[Quiet]

I believe the Lower was dros as a stripped lower which it is. Not rifle nor pistol, it has never been assembled or had a buttstock

If it was DROS'd before 2014...
It would have been DROS'd as a "long gun".

If it was DROS'd after 2013...
It would have been DROS'd as a "rifle, semi-auto, receiver".

It could not have been DROS'd as a "pistol, semi-auto" or as a "pistol, semi-auto, receiver", unless an exemption was utilized (LEO sale, etc.).

Was this sold in CA originally? Is it being given to you by a CA resident? If not you can't just fill out the OpLaw form. You and the family member giving it to you would be committing federal felonies.

This be the truth.

[badicedog]

[badicedog]

If the stripped lower was DROS'd in CA, it was DROS'd as a long gun unless the buyer was roster exempt and specifically had the transfer done as a pistol.

Was DROS in AZ. My son was an AZ resident at the time.

[Quiet]

This was sold/Dros in AZ last year. As far as I understand was just a bare lower receiver. Under BATFE laws isn’t that just considered a lower? Forgive my poor memory as it’s been a long time since I’ve DROS anything.

Was DROS in AZ. My son was an AZ resident at the time.

DROS is a CA thing.

4473 = Federal

A stripped reciever would have been marked as a "other" on the ATF 4473 form.

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

Federal laws prohibits a FFL from transferring a firearm to a non-resident of their State, unless the firearm is a Title 1 Rifle or a Title 1 Shotgun and the transfer complies with the State laws of both the FFL and the non-resident. [18 USC 922(b)(3)]

There is no intra-familial or gift exemption to these 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 prohibits a CA resident from importing a firearm they acquired in another State into CA, unless it is imported into CA through a CA FFL dealer. [PC 27585(a)]

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

Out-of-state intra-familial gifts of handguns are exempt from needing to be listed on the Roster of Handguns Certified for Sale. [PC 32110(b)]

Therefore, in order to be legal under Federal and CA laws...

1. Your AZ son must deliver the firearms to a CA FFL dealer.
2. That CA FFL dealer will then transfer (4473/DROS/10 day wait) the firearms to you.

Failure to utilize a CA FFL dealer equates to Federal felonies for your son and Federal felonies & CA felonies for you.
Submitting a Report of Intra-Familial Firearm Transaction to CA DOJ BOF will just be documenting the violations of Federal and CA laws, making it easier for you and your son to be prosecuted.


However, if your son moved from AZ to CA and became a CA resident, then...

After he established residency in CA, he had 60 days to submit a New Resident Report of Friearm Ownership to CA DOJ BOF.
^This report would register all the firearms he brought with him to CA.

As a CA resident, if he is now gifting the firearms to you, then he can gift them to you without utilizing a CA FFL dealer.

Within 30 days of receiving the firearms, you will need to submit a Report of Intra-Familial Firearm Transaction to CA DOJ BOF.
^How the firearms are marked on this form should be identical to how they were marked on the New Resident Report of Firearm Ownership.

If for some reason your son is considered a CA resident while he was an AZ resident (such as maintaing a valid CA DL/ID or owning property in CA), then CA will consider him a CA resident during his duration as an AZ resident.
This means he will not be considered a new resident of CA when he moved back to CA and any firearm he brings from AZ to CA must be done through (DROS/10 day wait) a CA FFL dealer.
^Handguns must be listed on the Roster of Handguns Certified for Sale or be exempt from it (C&R, OTP, SAE, SSE2).
Failure to utilize a CA FFL dealer equates to a CA misdemeanor per long gun and a CA felony per handgun.

[badicedog]

[Quiet]

Thank you for setting me straight on these laws. I appreciate it very much. FFL it is. As far as the lower dros’ing it as a pistol. How would I go about it?

Contact a CA FFL dealer that knows about and is willing to conduct an out-of-state intra-familial gift transfer.
^Nearest to Los Alamitos... IMO, contact RifleGear in Fountain Valley or Shoot SoCal Firearms & Training in Fullerton.

Tell them the types of firearms being gifted to you and they will DROS it accordingly.
^off-Roster Glock semi-auto pistol and off-Roster Brownells semi-auto AR pistol receiver.

Your AZ son should include a copy of his valid AZ DL/ID and a gift letter with the firearms.
^ Gift letter should state his name and relationship to you and the firearms (make, model, serial number) being gifted.
~Example...out-of-state intra-familial gift letter format used by UG imports in Fremont CA.

Firearms can not include any large capacity magazines.

[badicedog]

One last thing, my son is moving back to CA. With that said, should I wait until he’s a resident?