Interstate Intrafamily gun transfers

[Clee]

I'm sure this has been discussed here before, I have used the search button but it only gives me a bunch of threads that are irrelevant. I've done some googling but can't seem to get the answer I'm looking for.

How does this situation work:

My sister (lives in Kansas) wants to give my father a single shot hunting rifle to my dad (lives in CA). Gun is not illegal in CA.

1. Can he go to Kansas and just pick it up?
2. Does he need to DROS it?
If so, I assume the dros is done in CA.
3. Does my sis need to be there?
4. Does he need to pay tax on it?

Anything info you can give will be much appreciated. Thanks.

[fiddletown]

...My sister (lives in Kansas) wants to give my father a single shot hunting rifle to my dad (lives in CA). Gun is not illegal in CA.

1. Can he go to Kansas and just pick it up?
2. Does he need to DROS it?
If so, I assume the dros is done in CA.
3. Does my sis need to be there?
4. Does he need to pay tax on it?...

[1] No, he can't go to Kansas and pick it up. That would violate federal law. Your sister would have to either send it to an FFL in California or hand deliver it to an FFL in California.

[2] Yes, he needs to DROS it, and that must be done in California.

[3] No, your sister need not be there.

[4] I don't believe your father would have to pay tax. He would have to pay the FFL for handling the transfer.

Different rules might apply if the rifle is a Curio and Relic. Someone familiar with those rules will need to chime in.

Here's the whole nine yards:

[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer is in compliance with the laws of the State in which it takes place; and (3) the transfer complied with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

Here's what the statutes say:

18 U.S.C. 922. Unlawful acts


...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph

(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and

(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

....

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph

(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

...

[Librarian]

And, having tired of retyping what Fiddletown just posted, and not thinking cut-and-paste much better, you can find the same information at the Calguns Foundation Wiki:

Intrafamilial transfer - http://wiki.calgunsfoundation.org/in...Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/in...rms_Interstate

[Cokebottle]

One possible exception, if the gun is over 50 years old AND if father has an 03FFL, he may travel to Kansas and pick it up there.