Can I "Gift Myself" handguns? I think I figured it out.

[fabguy]

wait, my father in Ohio can purchase a firearm there, visit here in california and gift it to me when he is here?

[Librarian]

wait, my father in Ohio can purchase a firearm there, visit here in california and gift it to me when he is here?

Yes, so long as he takes it to a CA FFL for the transfer.

See also the Calguns Foundation Wiki articles on

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

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

[M. D. Van Norman]

There is no TRANSFER taking place within California.…

Unless there is … which is part of our overall disagreement.

[morrcarr67]

Oh, there's no question that he can drive to another state with his CA/NV 03FFL and legally buy or be gifted all the C&Rs he wants.

But the Op-Law intrafamilial TRANSFER form is not the proper form for registering the gun in California, because the TRANSFER is taking place legally under his FFL in the state where he is located when he takes possession.

There is no TRANSFER taking place within California. OpLaw is no good.

The fact that the exchange of a gift is taking place out side of CA has nothing to do with it.

The fact that we both; in this exercise, hold FFL's doesn't change the fact that it is a gift. CA laws states that gifts of handguns between GP/P/GC/C are exempt from the need to use a dealer; note I said dealer and not licensee, for transfer and that they should be completed by filling out the OpLaw form. Federal law allows a non-licensee or licensee to give a licensee of a different state a firearm while they are in a state other than where licensed.

So again I ask you to please tell me where it says that the exchange of this gift must be done in CA to use the OpLaw form.

You are also reading things that have note been posted. I never said where my mom lives. But to clear up that matter she lives here in CA.

You are also reading things that haven't been asked for:

Go ahead... Try it.
File an OpLaw listing Mom's Nevada address and your California address and see if it gets approved.

Re-read the OpLaw form. The only address being asked for is for the person registering the gun(s)

[Cokebottle]

But there isn't.
He's talking about going to NV and executing the transfer there.

That's the extent of it involving mom.

On the original original question, can he gift it to himself using the intrafamilial transfer.... that might work in West Virginia

[M. D. Van Norman]

Actually, it was never clear where the hand-off would take place, so you may have a good point about the op-law approach. Otherwise, the where and how remain points of contention.

[Cokebottle]

Actually, it was never clear where the hand-off would take place, so you may have a good point about the op-law approach. Otherwise, the where and how remain points of contention.

He said it would be in Nevada (it has to take place in Nevada because, being a handgun, it can not be shipped or hand-delivered even to a C&R holder). Mom can't bring it to him without going to an FFL for a full-fee transfer... and even I couldn't hand-deliver one without doing a $35 PPT.

That is if it is handed off from his Mom to him, assuming he can get his mom listed on his 03 (and I don't think that's possible because it's not a "business" license where you can have multiple persons operating under one FFL).

His ORIGINAL idea was to, as he has been doing, have C&R handguns shipped to his Nevada residence under his Nevada 03.
Then he goes to Nevada, retrieves the guns, and brings them into California under his California 03.
They are logged into and out of his NV bound book acquired from "No-Bubba Guns", and disposed of to himself, listing his CA 03 and address.
They are then logged into his California 03 bound book as acquired from himself, listing his NV address and 03 information.

He confirmed with the BATFE that this was legal and acceptable.
He's been doing it for a little over 6 months, maybe a year.

His NEW idea is to "gift" the gun to himself and use the OpLaw to register the transfer, since that can cover multiple handguns for one $19 fee, while the normal method of registering C&R handguns is $19 per gun.

[M. D. Van Norman]

[de1911]

Yes, so long as he takes it to a CA FFL for the transfer.

I thought FFLs could only execute PPTs if both persons were CA residents, is that not correct?

[M. D. Van Norman]

[Cokebottle]

Maybe I missed where morrcarr said that the transfers would occur while he was visiting Nevada.

That was the whole premise of his idea from the first post (Hence, the title "Can I "Gift Myself" handguns? I think I figured it out.")
He was thinking about using the OpLaw for personal importation, "gifting" the gun to himself from his NV 03 to his CA 03.
Mom got brought into the discussion as a possibility, but with her being in Nevada, the transfer must take place there OR it has to go through a dealer in California.
I hope you do not have an 03 and are doing this.

California requires ALL handguns that are not antiques (1898 or older) to be processed through an FFL except for in-state intrafamilial transfers.

His 03 does not exempt him from the dealer requirement for an out of state transfer IF the gun is shipped in, however, yes, he can travel to Nevada and legally take possession there and personally import it.

Intrafamilial, interstate handgun transfers are roster exempt, but they are not FFL-exempt for a California 03.
Long guns? Yes... the 03 is exempt.

The op-law form may or may not apply depending on how you view the situation, but the practical results are the same.

Nahh.... Results are very different.
If the OpLaw could be used, then it would be $19 for as many handguns as he can fit on the form and the attachments.
If it can't be used, it's $19 per handgun.
That adds up when he's buying 10 handguns over a 6 month period under his NV 03 and making one trip to NV to retrieve them.
$19 vs $190... I can see why he wants to do it.