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Transfer of Off-Roaster from out of state relative

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  • Hennessy
    Senior Member
    • Mar 2013
    • 561

    Transfer of Off-Roaster from out of state relative

    I have a friend who has a cousin from LV who is going to be moving to California. The plan is, while he is looking for a place he is currently going to stay with my friend. As a thank you, the cousin wants to give an xdm(Off Roster Pistol) to my friend as a thank you. How would they go about the process? Can they both just meet at a California FFL and just do a PPT? Does the cousin need to first register the pistol in California and then PPT?
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  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44626

    As soon as the cousin has CA ID he can PPT the handgun.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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    • #3
      Hennessy
      Senior Member
      • Mar 2013
      • 561

      Thanks Librarian. Does the cousin need to register the handgun with California first before he takes care of the PPT or can he just straight PPT it once the CID is in? Also a side note, if he has other firearms does he need to register those as well? From what he told me he has an fs2000 which he needs to fit with a bullet button and a few other hand guns.
      sigpic Support the fight.

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      • #4
        Librarian
        Admin and Poltergeist
        CGN Contributor - Lifetime
        • Oct 2005
        • 44626

        Originally posted by Hennessy
        Thanks Librarian. Does the cousin need to register the handgun with California first before he takes care of the PPT or can he just straight PPT it once the CID is in? Also a side note, if he has other firearms does he need to register those as well? From what he told me he has an fs2000 which he needs to fit with a bullet button and a few other hand guns.
        If he PPTs the gun, that satisfies the new-resident requirement just as much as filing the registration form.

        Otherwise, he has to register the ones he keeps; in 2013, that's handguns only; if he brings the guns in 2014, that will include long guns, as well.

        See the wiki article -- http://wiki.calgunsfoundation.org/Mo..._with_firearms
        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

        Comment

        • #5
          Ninety
          Veteran Member
          • Nov 2012
          • 4062

          Any foreseeable issues with a person with dual residency? At the state level or Federal level?
          NRA Member
          The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
          All that is required for evil to prevail is for good men to do nothing.
          -Edmund Burke
          I'd much rather go to my grave never needing my gun, than go there wishing I had it.
          - Phil Dalmolin

          The Battle of Athens was illegal too.

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          • #6
            Quiet
            retired Goon
            • Mar 2007
            • 30241

            Originally posted by Ninety
            Any foreseeable issues with a person with dual residency? At the state level or Federal level?
            CA does not recognize "dual residency", you are either a CA resident or you are not a CA resident.

            CA considers you a resident if you do any of the following:
            1. Register to vote.
            2. Obtain employment in CA.
            3. Go to college/university in CA.
            4. Your dependents go to (K-12) school in CA.
            5. Own property in CA.
            6. Rent property in CA.
            7. Get a CA Driver's License.
            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).

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            • #7
              Ninety
              Veteran Member
              • Nov 2012
              • 4062

              The feds do recognize dual residency. So as to it pertains to firearms , is there any ca state law that says a person cannot purchase a firearm in state x and sell it or gift it ppt in CA ? (off roster)

              Sent from an electronic tracking device
              NRA Member
              The Constitution does not bestow wisdom. It's up to the body politic to be wise. -Patriot
              All that is required for evil to prevail is for good men to do nothing.
              -Edmund Burke
              I'd much rather go to my grave never needing my gun, than go there wishing I had it.
              - Phil Dalmolin

              The Battle of Athens was illegal too.

              Comment

              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44626

                Originally posted by Ninety
                The feds do recognize dual residency. So as to it pertains to firearms , is there any ca state law that says a person cannot purchase a firearm in state x and sell it or gift it ppt in CA ? (off roster)

                Sent from an electronic tracking device
                As implemented, CA PPT is for only participants with CA identification (or military with PCS orders to CA); this makes the transfer more expensive (not limited to PPT $35) and leaves the Roster of Handguns applicable.
                ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                Comment

                • #9
                  tactical one
                  Junior Member
                  • Jan 2014
                  • 6

                  P226 from family in michigan to CA

                  I inherited a sig p226 from my father when he passed away. He was a Michigan State Trooper for 30+ years and this was his service pistol. The gun has been transferred to my brother's name in Michigan. I just talked to saddleback valley gun center here in laguna Niguel, and Brad said he wont help me with the transfer because it is not a CA model p226. Is there any way around this as this would be an in family transfer of a gift. Obviously, the gun would be shipped minus the 15 rd mag...

                  Any help would be much appreciated. Maybe someone knows a shop that will do this??

                  Thanks!

                  Adam

                  Comment

                  • #10
                    lorax3
                    Super Moderator
                    CGN Contributor - Lifetime
                    • Jan 2009
                    • 4633

                    The firearm would need to come from a qualified relationship. Since your father passed and the firearm now belongs to your bother, a transfer from him would not be roster exempt. In order for it to be roster exempt it would need to be a transfer from your mother, daughter, son, granddaughter, or grandson.
                    You think you know, but you have no idea.

                    The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                    Comment

                    • #11
                      tactical one
                      Junior Member
                      • Jan 2014
                      • 6

                      Thanks Lorax3! Why do all ffl dealers i call say they wont do it, even if the gun was in my moms name? Anyone know a ffl near 92677 that will help? I've purchased several guns from Brad here at SVGC and he wont help me. Super bummed.

                      What about mailing from myself (using moms address in MI) to myself in CA? my understanding is that once here, roster or off roster, i can register it legally.

                      first time dealing with an out of state transfer in ca, and I have to say, the red tape is ridiculous!
                      Last edited by tactical one; 01-28-2014, 1:25 PM. Reason: added more text

                      Comment

                      • #12
                        lorax3
                        Super Moderator
                        CGN Contributor - Lifetime
                        • Jan 2009
                        • 4633

                        Originally posted by tactical one
                        Thanks Lorax3! Why do all ffl dealers i call say they wont do it, even if the gun was in my moms name?
                        It's not a common transaction. Only the more 'savy' FFLs may know the legalities.

                        Originally posted by tactical one

                        Anyone know a ffl near 92677 that will help? I've purchased several guns from Brad here at SVGC and he wont help me. Super bummed.
                        I would contact OCArmory or RifleGear. You can also create a thread in your geographical area and ask for recommendations.

                        Originally posted by tactical one

                        What about mailing from myself (using moms address in MI) to myself in CA? my understanding is that once here, roster or off roster, i can register it legally.
                        Not sure how you would "mail it to yourself". You do not currently own it. Even if you flew to MI there is no legal way for you to acquire it there. If brother/mom tried to "give" you the handgun in MI it would be against federal law, even though it may be not against MI law. Handgun transactions between residents of different states must be facilitated through an FFL in the buyers state.
                        You think you know, but you have no idea.

                        The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                        Comment

                        • #13
                          Tincon
                          Mortuus Ergo Invictus
                          CGN Contributor - Lifetime
                          • Nov 2012
                          • 5062

                          All PPT transfers are roster exempt, and you DO NOT need to be a CA resident to be the seller in a PPT. That said, the DROS system will (apparently) not allow a PPT unless both parties have a CA ID. Underground regulation.
                          My posts may contain general information related to the law, however, THEY ARE NOT LEGAL ADVICE AND I AM NOT A LAWYER. I recommend you consult a lawyer if you want legal advice. No attorney-client or confidential relationship exists or will be formed between myself and any other person on the basis of these posts. Pronouns I may use (such as "you" and "your") do NOT refer to any particular person under any circumstance.

                          Comment

                          • #14
                            tactical one
                            Junior Member
                            • Jan 2014
                            • 6

                            Thanks @Lorax3 and @Tincon for the wealth of knowledge. I now understand more about my motivation for seeking employment outside of CA. ha h aha. You can take the kid out of the country, but cant take the country out of the kid.

                            So, looks like unless i get my brother to move here this is not happening. Tile to get a team of lawyers and call the DOJ. (minus the team of lawyers)

                            Comment

                            • #15
                              tactical one
                              Junior Member
                              • Jan 2014
                              • 6

                              @ lorax3, you are the man! Called OC Armory and Mike knew what to do right away. Totally forgot about those guys! Problem solved thanks to calguns.net!

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