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Intra-Familiar Transfer

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  • 1uptopglock
    Junior Member
    • Jan 2023
    • 7

    Intra-Familiar Transfer

    Hello Calgunners,

    Im currently an out of state student in Idaho. Since being here i have went to the dmv to obtain an Idaho drivers license in order to purchase a handgun. I have successfully purchased the handgun (off roster) (Walther pdp-f) . I wanted to gift this to my mom for her birthday. would i be able to do so legally and if so what would the process look like. I have been seeing different answers everywhere. Also if i am able to do this, is there a limit on how many can be transferred at once or does the 1 in 30 rule still apply to Intra-Familiar transfers. Please provide your insight, very much would appreciate it. Thank you.
  • #2
    BrokerB
    Calguns Addict
    • Sep 2010
    • 5410

    Yes you can.


    Talk to your local ffl near your mom about transfer.

    Fairly sure she will still be 1 for 30 days BS
    Beans and Bullets

    Comment

    • #3
      edgerly779
      CGN/CGSSA Contributor
      CGN Contributor
      • Aug 2009
      • 19871

      Firearm goes to ffl convenient to your mom. She needs fsc. You ship direct to ffl. Find ffl with decent fees. No limit on what they can charge. Must be ca legal no large cap mags.

      Comment

      • #4
        Tripplet918
        Senior Member
        • Mar 2022
        • 906

        Add a gifting letter detailing your gift to your mom, your relationship, plus hard copies of your drivers license. Send those to the FFL as well.

        Comment

        • #5
          CAL.BAR
          CGSSA OC Chapter Leader
          • Nov 2007
          • 5632

          And since you are already asking about the 1 in 30 stuff for the "gift" to your mom, please DON'T push it. Cal. DOJ does actually watch these transfers and raids on several local gun shops have occurred. If they see large numbers or consistent flow from you to mom for many "gifts" that miraculously get resold in a short period of time.... they will react. Just sayn'.

          Comment

          • #6
            treborscott
            Junior Member
            • Feb 2013
            • 57

            You can always fill out the form yourself send it to the state. They usually approve it without an FFL. I'm sure that's not right but I know people have done it, all they could do is say no.

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            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44678

              Originally posted by treborscott
              You can always fill out the form yourself send it to the state. They usually approve it without an FFL. I'm sure that's not right but I know people have done it, all they could do is say no.
              No, this is an interstate transfer, as proposed, ID to CA. Federal law (18 USC 922 (a)(3) and (a)(5)) requires that such transfers go through an FFL, and for handguns, that FFL must be in the state of residence of the receiver. If detected and prosecuted, failing to use an FFL could lead to 5 years in Federal prison. So, no form applies.

              Aha! you say, he's a CA resident, too - he could bring it home and hand it to Mom, and Mom files the form!

              Nope. CA's PC 27585 requires that if one is a non-FFL CA resident and somehow gets a gun out of state, that resident must return such gun through a CA FFL. Unless our ID college student were Roster-exempt, that FFL could not reconvey his own property back to him, so he could not hand the gun to Mom.

              Failure to follow 27585 with a handgun would be charged as a CA felony.
              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

              Comment

              • #8
                IVC
                I need a LIFE!!
                • Jul 2010
                • 17629

                Originally posted by Tripplet918
                Add a gifting letter detailing your gift to your mom, your relationship, plus hard copies of your drivers license. Send those to the FFL as well.
                Correct idea, but there is more... Call the FFL and confirm they'll do the transfer, then ask what documents they'll want to see, how they want it shipped and what parts they don't want to receive (high cap magazines, threaded barrels, etc.). Follow their requirements and you're good to go.

                Many FFLs won't do quite a few things they are allowed or could do.
                sigpicNRA Benefactor Member

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