I'm Sorry Guys...

[MILLITIAof1]

just out of curiosity, what if the father lived out of state?
can the father drive to CA and give the guns to the son with no ffl transfer?

[THE 0NE]

he can just give it to him!!! no questions asked

[Waingro]

just out of curiosity, what if the father lived out of state?
can the father drive to CA and give the guns to the son with no ffl transfer?

Driving is fast but UPS is quicker.

[MILLITIAof1]

?

he can just give it to him!!! no questions asked

[MILLITIAof1]

do you mind if I semi-hijack the thread real quick waingro?

[Mssr. Eleganté]

just out of curiosity, what if the father lived out of state?
can the father drive to CA and give the guns to the son with no ffl transfer?

Federal law says an FFL is required when the father and son are residents of two different States.

[MILLITIAof1]

Federal law says an FFL is required when the father and son are residents of two different States.

what if mother is NV resident and father is CA resident?
and long guns are exempt right?

[leelaw]

what if mother is NV resident and father is CA resident?
and long guns are exempt right?

If the firearm is transfered across state lines, an FFL must be involved.

Long guns are not exempt from this requirement.

[Waingro]

do you mind if I semi-hijack the thread real quick waingro?

Go for it - the more info the better.

[Librarian]

what if mother is NV resident and father is CA resident?
and long guns are exempt right?

Transfer from the mother would have to go through a California-licensed FFL.

-----------------------------

If you live in California, AND you are not licensed, then

* you cannot legally buy or receive a gun out of California and bring it back here
* you CAN legally buy guns from a willing out of state FFL who ships the gun to a willing California FFL, who will do a standard DROS transfer.
* an non-licensed person out of California cannot legally sell to an non-licensed California resident
* you CAN legally buy guns from an out of state non-licensed individual who ships the gun to a willing California FFL, who will do a standard DROS transfer.

"Sell" is short for "transfer, sell, trade, give, transport, or deliver any firearm to any person "

California, since 1991, has required that transfers go through FFLs (in PC 12070). Hold that thought. (There are a few exceptions - ignore those for now.)

FedLaw 18 USC 922 (a)(3) says a non-licensed individual may not bring a gun acquired outside one's state of residence back to that state of residence. It's a 5-year gig in the Federal Pen.

FedLaw 18 USC 922 (a)(5) says a non-licensed person may not transfer a firearm to a non-licensed person who does not live in the same state where the seller lives. Again, it's a 5-year gig in the Federal Pen.

FedLaw 18 USC 922 (b)(3) has an exception for long guns, but says

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

Remember California PC 12070 from above? California requires the transfer to go through the California-licensed FFL.

An unlicensed California resident CAN buy guns out of state, from an FFL if the out of state FFL is willing -

* the gun MUST be sent to a California-licensed FFL for DROS and the usual wait;
* the unlicensed California resident MAY NOT take possession of the firearm and bring it back to California; s/he MUST receive it at the California FFL.


Since that covers about 9 out of 10 of these questions, I'll do the exceptions last.

1. Curio and Relic is a kind of license - if you have a C&R license, your rules are different.
2. FOR IMMEDIATE FAMILY (grandparent/parent to/from child/grandchild) interstate inheritance of long guns is exempt - Feds say all inheritance is exempt, and CA doesn't care about papering long guns in Intrafamilial transfers.
3. FOR IMMEDIATE FAMILY interstate inheritance of handguns is exempt from the FFL - Feds say so and CA allows the Intrafamilial transfer form
4. For Rifles and Shotguns 50 years old and older, CA exempts the transfer from the FFL requirement, so if it's legal to buy a rifle/shotgun that old from an FFL in some other state, it will be legal to bring those home to California - not using the FFL is following CA law.


There is no such thing as a California PPT with a California buyer and an out of state seller - 18 USC 822 (a)(5) says no. So if a friend from NV wants to sell you a gun, both of you go to a willing California FFL and do a sale - but it will not be a PC 12082 PPT.

The Feds make no exception for gifts; California does, for within California.

The Feds do not have the concept of 'immediate family' that California does.

Remember that handguns purchased from out of state, routed through a California FFL, must be on the California Roster, or the California FFL may not deliver it to the buyer.

Note the repeated use of the expression willing FFL; California FFls need not accept out of state transfers. That's a business decision, not a legal requirement.