Inter family transfers

[dan12580]

can someone explain to me the intra family transfer rules? are in laws family? would my wife, who is a texas resident- with tx drivers license, be able to transfer to me a non rostered pistol? am i just retarded and way off on what the family transfer thing is? thanks.

[paul0660]

Here is the form for transfers:

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

It doesn't have a place to enter the previous owner (your wife's) address, so the Texas thing does not matter. She can't mail it from Texas to you, it would have to go through a FFL if mailed so it could not be a non roster gun in that case. She can come to California or you can go to Texas and she can hand it to you.

Intra familial works for spouses, parent to child, grandparent to child, and vice versa.

[Librarian]

See also the Calguns Foundation Wiki, Transferring Firearms Among Some Family Members

[dan12580]

ok- so i go to texas, get the gun, bring it here to an ffl and 10 days later pick up my gun? non rostered ok? seems like one of those way too simple to be true loopholes. i guess for christmas ill be getting a springfield emp 40sw, kel tec pf9 and a ruger lcp. awesome.

[paul0660]

you don't even have to go to an FFL. You just fill out the form and mail it in with $19.........really! And non rostered ok.

[Mssr. Eleganté]

Since you and your wife are residents of two different States, Federal law requires that the transfer would have to go through an FFL in California. But if your wife can meet the Federal definition for "resident" of California, then you can just use the Operation of Law form to register the gun as suggested above. The Federal definition of "resident" of a particular State is much more lax than most State definitions...

'A' maintains a home in State 'X' and a home in State 'Y'. 'A' resides in State 'X' except for weekends or the summer months of the year and in State 'Y' for the weekends or the summer months of the year. During the time that 'A' actually resides in State 'X', 'A' is a resident of State 'X', and during the time that 'A' actually resides in State 'Y', 'A' is a resident of State 'Y'.

Do you and your wife maintain a home in California? Does she reside at that home for part of the year? If so, then the Feds consider her a California resident for the purposes of the Gun Control Act during the time she is residing in California. But if your wife does not reside in California then you will have to process the transfer through a California FFL. The FFL will have to use the "operation of law" exemption to the Roster when he submits the DROS.