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California Interfamily Transfer Question

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  • 00BuckShot
    Senior Member
    • Jul 2009
    • 532

    California Interfamily Transfer Question

    I have an older cousin whose father (my uncle) recently had a heart attack. My uncle is recovering and is doing well but he would like my cousin to take a couple of firearms that he has back to California where my cousin lives. (My uncle lives in Michigan.) My uncle purchased them all legally and most of them are rifles. I only know of one handgun that, to my knowledge, is not on the roster list. It's a Ruger SR9 with 17rnd magazines. How does my cousin legally do this transfer and can he keep his mags?
    Last edited by 00BuckShot; 08-26-2009, 5:10 PM.
    -jeremy
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  • #2
    GarretB
    Member
    • Aug 2009
    • 282

    Sorry to hear about your uncle, glad he's doing better.

    There should be no problem as long as all the guns are legal in California. There are not going to be any restrictions on hunting-type rifles or shotguns. The SR9 is perfectly fine but unless your cousin happens to be an LEO the 17 round mag will have to stay out of CA. I believe you can disassemble the mag and keep it here to be used if you ever wanted to shoot the gun in another state but putting it together here would get you into trouble. Also your cousin must have a California handgun safety certificate to bring the SR9 back to CA and I believe there's a form you must fill out and submit to the CA DOJ for them to verify that you have all your ducks in a row.
    Last edited by GarretB; 08-26-2009, 5:26 PM.

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    • #3
      lorax3
      Super Moderator
      CGN Contributor - Lifetime
      • Jan 2009
      • 4633

      As your cousin and his father are residents of different states, and that the father is still alive, all firearm transfers must take place through an FFL.

      For one, the rifles cannot be assault weapons. If they are not they can be sent to a CA FFL and DROS'd to your cousin.

      The handgun also must go thorough an FFL. The roster does not apply in this case as it is a family transfer.

      However, your cousin must be at least 21 to take possession of the handguns. The age difference differs as it is going though an FFL. (If your uncle lived in CA then your cousin would only need be 18).

      The high-capacity magazines cannot be transfered as assembled. They may be disassembled and sent into the state as parts kits and be re-assembled to only hold ten rounds or for out-of-state usage; although can never be re-assembled into 17rd mags by your cousin in CA.

      See the flowcharts on the top blue navigation to make sure none of the weapons are AW's in CA.

      -lorax
      Last edited by lorax3; 08-26-2009, 5:27 PM.
      You think you know, but you have no idea.

      The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

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