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Complicated Intra-Familial Transfer

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  • Rekrab
    Valar Dohaeris
    CGN Contributor - Lifetime
    • May 2009
    • 5534

    Complicated Intra-Familial Transfer

    So my dad is from Montana, the last time we did a transfer he mailed it to my FFL via FedEx and that was simple enough. This time he brought it to California and I'm still in my 30 days. If he were to leave the handgun with me with a copy of his driver license and a gift letter could I personally take it down to the FFL and do the transfer after my 30 days are up?

    Or if anyone has any other ideas I'd love to hear.
    Beretta PX4 Storm .40 S&W (Round Count 3,050) | Yugo M72 | Romy M44

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  • #2
    Carsgunsandchics
    Veteran Member
    • Mar 2009
    • 3537

    Originally posted by Rekrab
    So my dad is from Montana, the last time we did a transfer he mailed it to my FFL via FedEx and that was simple enough. This time he brought it to California and I'm still in my 30 days. If he were to leave the handgun with me with a copy of his driver license and a gift letter could I personally take it down to the FFL and do the transfer after my 30 days are up?

    Or if anyone has any other ideas I'd love to hear.
    30 day does not apply to ppt/interfamilial , but someone will speak up on what form is needed or just how to go about it.
    Originally posted by fighterpilot562
    I am more of a sucker than a blower...

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    • #3
      G-forceJunkie
      Calguns Addict
      • Jul 2010
      • 6304

      I would have your dad deliver it to the ffl. Or worst case (and probably the easiest) have him fed x it to the dealer. I wouldnt worry about the 30 days, the ffl will just hold it (I would pay them first) untill the dros can be put through. Keeping the firearms chain of custody legal is the more difficult part.

      Comment

      • #4
        CSACANNONEER
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Dec 2006
        • 44093

        30 days on ALL handgun transfers ONLY applies in the CITY of Los Angeles. Just go to any FFL outside of the city limits.
        NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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        Ventura County approved CCW Instructor
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        Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

        sigpic
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        • #5
          Rekrab
          Valar Dohaeris
          CGN Contributor - Lifetime
          • May 2009
          • 5534

          A post made by Librarian in a separate thread led me to believe that an out of state intra-familial transfer would be counted as a dealer transfer.
          Beretta PX4 Storm .40 S&W (Round Count 3,050) | Yugo M72 | Romy M44

          Big Ammo Sale!
          Harris Bipod and Bushnell Elite 3200 Scope for Sale

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          • #6
            4DSJW
            CGN/CGSSA Contributor
            CGN Contributor
            • Dec 2009
            • 749

            Originally posted by Rekrab
            A post made by Librarian in a separate thread led me to believe that an out of state intra-familial transfer would be counted as a dealer transfer.
            That is correct. CA doesn't care about using an FFL for an Intrafamilial Transfer, it is a Federal Gov't requirement since the firearm is crossing State lines. Your dad can ship it to your FFL or he can carry it in in person. If your dad has left the State and the gun is still here then I don't know where that leaves you, if he is still here then the two of you going to your FFL together and doing the transfer is the way to go.

            Comment

            • #7
              Cokebottle
              Seņor Member
              CGN Contributor - Lifetime
              • Oct 2009
              • 32373

              Dad can still hand-deliver the gun to an 01 right now.
              Since he is not a California resident, it will still be an FFL transfer, not a $35 PPT.
              The FFL can hold the gun until your 30 days are up and you may then begin DROS. Make sure to arrange everything with the FFL, some may not be comfortable with the hand delivery, and some may charge a storage fee.

              You must NOT take direct possession and retain it after he leaves (he can loan it to you while he is here)... it has to go through an 01.
              - Rich

              Originally posted by dantodd
              A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

              Comment

              • #8
                Quiet
                retired Goon
                • Mar 2007
                • 30241

                Originally posted by Cokebottle
                Dad can still hand-deliver the gun to an 01 right now.
                Since he is not a California resident, it will still be an FFL transfer, not a $35 PPT.
                The FFL can hold the gun until your 30 days are up and you may then begin DROS. Make sure to arrange everything with the FFL, some may not be comfortable with the hand delivery, and some may charge a storage fee.

                You must NOT take direct possession and retain it after he leaves (he can loan it to you while he is here)... it has to go through an 01.
                sigpic

                "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                Comment

                • #9
                  CSACANNONEER
                  CGN/CGSSA Contributor - Lifetime
                  CGN Contributor - Lifetime
                  • Dec 2006
                  • 44093

                  Originally posted by Rekrab
                  A post made by Librarian in a separate thread led me to believe that an out of state intra-familial transfer would be counted as a dealer transfer.
                  Yea, as a practical matter DOJ does make FFLs do that. However, technically, there is nothing in the law to preclude a PPT from occuring with an out of state seller and a California resident.
                  NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
                  California DOJ Certified Fingerprint Roller
                  Ventura County approved CCW Instructor
                  Utah CCW Instructor


                  Offering low cost multi state CCW, private basic shooting and reloading classes for calgunners.

                  sigpic
                  CCW SAFE MEMBERSHIPS HERE

                  KM6WLV

                  Comment

                  • #10
                    Cokebottle
                    Seņor Member
                    CGN Contributor - Lifetime
                    • Oct 2009
                    • 32373

                    Originally posted by CSACANNONEER
                    Yea, as a practical matter DOJ does make FFLs do that. However, technically, there is nothing in the law to preclude a PPT from occuring with an out of state seller and a California resident.
                    Nothing in the law, but the DROS software will only accept a California ID for the seller's ID.

                    Underground regulation.
                    - Rich

                    Originally posted by dantodd
                    A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

                    Comment

                    • #11
                      SJgunguy24
                      I need a LIFE!!
                      • May 2008
                      • 14849

                      Originally posted by Cokebottle
                      Nothing in the law, but the DROS software will only accept a California ID for the seller's ID.

                      Underground regulation.
                      IIRC they can call it in. The state is breaking the federal commerce clause and needs to be called out for violating our rights.
                      There are 3 kinds of people in this world.
                      The wise, learn from the mistakes of others.
                      The smart, learn from their own mistakes.
                      The others, well......they just never learn.

                      "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
                      Patrick Henry.

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