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1-30 rule interstate IFT

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  • #16
    morrcarr67
    I need a LIFE!!
    • Jul 2010
    • 15054

    Originally posted by Dave21

    How do I make sure the FFL processes the DROS correctly?
    Originally posted by metalhead
    Thanks Librarian . Of course I now believe the word of the folks who have the power [emoji1]. I learned a lot from the discussions on our forum.


    Sent from my iPhone using Tapatalk
    I wrote this for Librarian and a project that he's working on. Feel free to share this with any dealer willing to learn how to do these. Just keep in mind that there are those that don't want to learn and you can't make them.

    Intrafamilial Transfers

    In this section we will go over what they are, what they’re for, how they’re done and what may be transferred, including when you as an FFL in California need to be used.

    What they are:

    In California an “Intrafamilial Transfer” is a transfer between certain family members (*1 CA PC 27875). The family members covered by this law are Grandparents/Parents/Child and Husband/Wife (*2 CA PC 16720, *3 CA Family Code 850). The person receiving the firearm/s needs to be at least 18 years old.

    What they are for:

    The Intrafamilial Transfer is a transfer that does NOT need the use of a CA FFL to complete so long as BOTH parties to the transfer are California residents.

    How they are done:

    For Intrafamilial Transfers done by two residents of California the person “receiving” the firearm/s must report to the state of California the transfer. The person receiving the firearm/s can do so in two different ways:

    1. They can fill out the CA OpLaw form #BOF 4544A (*4) and mail in their payment.
    2. They can create an account on the CFARS website (*5) and submit and pay online.

    The person receiving the firearm will need a valid FSC or an exemption to the requirement.

    What may be transferred:

    Any firearms not registered in the State of California as an “Assault Weapon” may be transferred to a person 18 years of age or older. This includes firearms that you as a CA FFL may NOT be able to transfer to them. Items like handguns; on or off roster, and centerfire semiauto rifles. This is a legal way for those 18-20 to legally own these types of firearms. (*1 and *6 CA PC 25605)

    When do you as a CA FFL need to be used:

    When the residents of two different states are doing a transfer, Federal Law requires that an FFL in the state of the new owner do the transfer. You will treat these transfers as you would any other Interstate firearm transfer. The only thing that is different is that these Interstate Interfamilial Transfers ARE roster exempt (*7 CA PC 32110) and ARE exempt from the 1 in 30 rule (*8 From a CA FFL). You should also get from the person sending the firearm/s: a copy of their ID and a letter stating their relationship to the person receiving the firearm/s.

    To DROS more than one handgun at a time enter the transaction as follows:

    • DROS as Exempt Handgun, type Operation of Law in the Comments field, and select the 30-day Restriction Exemption.

    *1 https://leginfo.legislature.ca.gov/f...ctionNum=27875.
    *2 https://leginfo.legislature.ca.gov/f...ctionNum=16720.
    *3 https://codes.findlaw.com/ca/family-...-sect-850.html
    *4 https://oag.ca.gov/sites/all/files/a...rms/oplaw.pdf?
    *5 https://cfars.doj.ca.gov/login.do;js...cfars_worker10
    *6 https://leginfo.legislature.ca.gov/f...ctionNum=25605
    *7 https://leginfo.legislature.ca.gov/f...ctionNum=32110.
    *8 http://www.calguns.net/calgunforum/s...&postcount=240
    Last edited by morrcarr67; 05-03-2021, 3:15 PM.
    Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

    Originally posted by Erion929

    Comment

    • #17
      fnlrun
      Member
      • Aug 2018
      • 486

      Originally posted by Dave21
      With a unexpired FFL 03 and COE, am I exempt from the 1-30 rule when its an off roster pistol and an interstate, intrafamilial transfer?
      How could you not know the answer? Seriously, you have a 03 and COE.

      Comment

      • #18
        CheapBloke
        Banned
        • Feb 2019
        • 3121

        Originally posted by fnlrun
        How could you not know the answer? Seriously, you have a 03 and COE.
        Having an FFL does not mean you know ALL. Ask Turners.

        Comment

        • #19
          morrcarr67
          I need a LIFE!!
          • Jul 2010
          • 15054

          Originally posted by S.O.A.R.
          Having an FFL does not mean you know ALL. Ask Turners.
          And many others.

          Sent from my Amazon Fire Tablet using Tapatalk
          Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

          Originally posted by Erion929

          Comment

          • #20
            ar15barrels
            I need a LIFE!!
            • Jan 2006
            • 57184

            Originally posted by Dave21
            I dros'd a g19, then the following day. I attempted DROS the interstate IFT off roster pistol however, it came back rejected due to the 1-30 rule. I am not sure if this makes a difference, but the shop filed the dros as a used gun and under the "30 day exemption" was marked "no"

            First the shop told me an ffl 03 and coe did not warrant me any exemptions. Then, after I sent them the bulletin from the DES, they said that exemption only applies to rostered pistol. Lastly, the shop went on how CADOJ is rejecting people in this kind of situation because they can and the shop has a lawsuit filed with them...

            How do I make sure the FFL processes the DROS correctly?
            Find a shop that actually understands the laws.
            The one you used is doing it wrong.
            Randall Rausch

            AR work: www.ar15barrels.com
            Handguns: www.handgunbarrels.com
            Bolt actions: www.700barrels.com
            Foreign Semi Autos: www.akbarrels.com
            Most work done while you wait on a scheduled shop visit.

            Comment

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