How to Sell to CA resident

[awhit22]

Hi There,

My Apologies if this has been answered before. I didn't find what I was looking for in a quick search...

I am and Arizona resident. We are not required to register any of our handguns or show proof of purchase. I have a .45 and a .22 (both handguns) given to me as a gift years ago. I want to sell both to my Father-in-law, who is a resident in San Diego. As I understand it, there are more restrictive laws in CA. Can someone help me out with the legal process/procedure to be able to sell to him? Want to make sure everything in on the up and up.

Thanks,

-Adam

[69Mach1]

Hi Adam. I think it would be easier to give the handguns to your wife, and have her gift them to her father. It still has to go to his local FFL dealer, but at least it doesn't have to be on the approved handgun list. Your father in law can then go to the dealer to start the paperwork.

[69Mach1]

If the two handguns happen to be on the CA approved hand guns for sale list, then you can ship them directly to the CA FFL.

http://certguns.doj.ca.gov/

[awhit22]

Hi Adam. I think it would be easier to give the handguns to your wife, and have her gift them to her father. It still has to go to his local FFL dealer, but at least it doesn't have to be on the approved handgun list. Your father in law can then go to the dealer to start the paperwork.

Thank you for your recommendations....

Does anyone know a reputable FFL dealer in the San Diego area?

Thanks,

-Adam

[microstencil]

I have used this form in the past to transfer a hand gun that was given to me by friends that live in Arizona

http://www.ag.ca.gov/firearms/forms/pdf/volreg.pdf

Public Inquiry Unit
Voice: (916) 322-3360 or

(Toll-free in California)

(800) 952-5225

Fax: (916) 323-5341



You may want to call CA DOJ to confirm that this is legal but it has worked for me in the past.

[Vin496]

Hi Adam. I think it would be easier to give the handguns to your wife, and have her gift them to her father. It still has to go to his local FFL dealer, but at least it doesn't have to be on the approved handgun list. Your father in law can then go to the dealer to start the paperwork.

+1

and as also stated, if it's on the roster then even less hassle.

I have used this form in the past to transfer a hand gun that was given to me by friends that live in Arizona

http://www.ag.ca.gov/firearms/forms/pdf/volreg.pdf

Public Inquiry Unit
Voice: (916) 322-3360 or

(Toll-free in California)

(800) 952-5225

Fax: (916) 323-5341



You may want to call CA DOJ to confirm that this is legal but it has worked for me in the past.

Never fails someone always chimes in with this response. Under Federal Law you cannot transfer a firearm between residents of different States without going through an FFL of the buyers/receivers State.

And no it doesn't matter if you were both in the same place at the same time, and the gun wasn't shipped across State lines.

What you did here was break Federal Law, at that point why worry about California law, and register it at all? You might as well enjoy the "benefits" of an illegal gun transfer.

[microstencil]

+1

and as also stated, if it's on the roster then even less hassle.



Never fails someone always chimes in with this response. Under Federal Law you cannot transfer a firearm between residents of different States without going through an FFL of the buyers/receivers State.

And no it doesn't matter if you were both in the same place at the same time, and the gun wasn't shipped across State lines.

What you did here was break Federal Law, at that point why worry about California law, and register it at all? You might as well enjoy the "benefits" of an illegal gun transfer.

PM Sent

[Vin496]

Let me clarify.

The California DoJ only cares about California gun laws, they do not enforce Federal Law. They are many examples on this forum of the DoJ giving advice that does not abide by Federal Law.

The prime one being the example above. There have been a few post where people have posted a very similar scenario, gun given by friend/relative in another State. They will then contact the California DoJ, and the DoJ will tell them, "You need to register it, and it will be good".

That only deals with California Law, the fact is Federal Law was still broken.

Let's be honest here. Is the ATF going to bust down your door and arrest you for the .22 revolver your Aunt Peg gave you in Nebraska when you went for Thanksgiving?

Probably not.

I'm just making a point that people will conform and obey State law, but have no problem with busting Federal.

For the poster above, what you have done is the best with the situation you created. I mean you knew to register it when you got it home to comply with State law. Yet, somehow you didn't know you needed to go through an FFL for the Feds?

[awhit22]

Guys,

Thanks for your responses. But I am still a little unclear about the process....

So I understand that I or my father-in-law needs to register the 2 guns with CA. Most likely using the link to the form above. Does he have to be in possession of the guns to register, or can he register them before I give them to him?

But how do the FFL's work? Am I essentially selling the guns to them, then they sell to my father-in-law??? Or are they just a holder of the guns? The process seems very confusing to me.

Thank for all your help!

-Adam

[Vin496]

Guys,

Thanks for your responses. But I am still a little unclear about the process....

So I understand that I or my father-in-law needs to register the 2 guns with CA. Most likely using the link to the form above. Does he have to be in possession of the guns to register, or can he register them before I give them to him?

But how do the FFL's work? Am I essentially selling the guns to them, then they sell to my father-in-law??? Or are they just a holder of the guns? The process seems very confusing to me.

Thank for all your help!

-Adam

There first thing you have to do is check the California Safe handgun Roster.

http://certguns.doj.ca.gov/

If the guns you want to give/sale him are on there, then that is all there is to that. You would send them to his local FFL(which is required via Federal Law of all Inter State transfers of firearms). The his FFL will charge him a transfer fee, and he will register them with the State and wait his 10 days. There are other things he will have to deal with, but the process is done with for you.

Now if the guns are not on the roster, you can use an intra familial transfer exemption to the Safe handgun roster. This would require his daughter(your wife, I'm assuming still), to gift the guns to him.

Again she would send the guns to his local FFL with a letter stating they are a gift from his daughter, and his FFL will enter the appropriate exemption in the paperwork(actually called a DROS). He will wait the 10 days and so on.

Your best bet is to look at the roster link and find the guns, if they are not on there. Then the intrafamilial transfer is his option.

A few more suggestions, have him check with his FFL to see if he will accept a transfer from a non FFL(as some will not, and this goes for the whole United States, not just a Cali thing). If he will not then you will need to send the guns through an FFL on your end.

If you use an FFL on your end he will need to be set up for the CFLC system.

http://ag.ca.gov/firearms/cflcoverview.php

Also have your Father in Law contact his FFL and see if his FFL is familiar with the Intra Familial transfer, as this is not common and many will not know how to do this.

It may help if you told us exactly what guns you want to give him.

Or, ready for this?

Next time you visit him, your Wife can bring the guns and she and him can both go to his FFL and do the transfer.

Remember no magazines over 10 rounds allowed, unless they are in parts.

I know this may seem like a smack to the head, but if you need any more clarification, just ask, as it really is easy once you understand a few points.

[awhit22]

Nope, this is not a slap in head. This is very useful info and I really appreciate you spelling it all out for me. I know nothing about guns nor all the rules, so this was perfect. Yes my wife and I are still together and it might be easier just to take them out there the next time we visit. Hopefully soon, cuz AZ is still hot!

I'll run with this and see how far we get.

The two guns are:

Smith and Wesson .22 - It has a clip, but I'm not sure how many shots.
Ruger Vaquero .45 Revolver - 6 shot.

Thanks again for all your help!!

-Adam

[Vin496]

Nope, this is not a slap in head. This is very useful info and I really appreciate you spelling it all out for me. I know nothing about guns nor all the rules, so this was perfect. Yes my wife and I are still together and it might be easier just to take them out there the next time we visit. Hopefully soon, cuz AZ is still hot!

I'll run with this and see how far we get.

The two guns are:

Smith and Wesson .22 - It has a clip, but I'm not sure how many shots.
Ruger Vaquero .45 Revolver - 6 shot.

Thanks again for all your help!!

-Adam

The Ruger Vaquero Single Action is free of the roster as SA guns are exempt provided,


Taken from Poster bwiese

hold 5 or more rounds;
have min 3" bbl length;
have min 7.5" min overall length (measured parallel to bore),

For the .22 you need to provide the full model and color if applicable.