Interstate Father-Son Handgun Transfer

[jethrod]

I know this question comes up a lot. Sorry if a repeat or redundant but I'm getting a lot of conflicting information from all dealers I call.

Father lives in Wisconsin. Flies to California with CA legal handgun (Ruger SP101) in checked luggage. Gives handgun to son in person, flies back to Wisconsin.

My understanding in researching here is that this transaction needed to happen through an in-California FFL. The father and numerous dealers in California are telling me only the OPLAW form and $19 is required.

Can anyone help shed some light? Any suggestions on an FFL to help me with this? I am in the Riverside, CA area.

[Librarian]

FFL is required for interstate, per Federal law.

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

[Firemark]

same scenario Librarian but handgun is NOT on the handgun roster for CA, can it be transferred by FFL father to son during a visit to CA???

[Hanniballs]

same scenario Librarian but handgun is NOT on the handgun roster for CA, can it be transferred by FFL father to son during a visit to CA???

Yes.The father can also ship it to the CA FFL.

[proclone1]

same scenario Librarian but handgun is NOT on the handgun roster for CA, can it be transferred by FFL father to son during a visit to CA???

Oooh lemme get this one:
6) Receives a handgun from immediate family (grandparent, parent, child) who DO NOT LIVE IN CA -- Roster does not apply, Federal law says FFL required because this is an interstate transfer.

Taken from here: http://wiki.calgunsfoundation.org/in...e_Handgun_List

[jethrod]

There are a lot of misinformed people about this particular situation. Bass Pro Shop, several smaller dealers (including a few that I found on here), and a woman from the DOJ all told me the OPLAW form was all that's needed.

Just trying to do things the right way...

[dantodd]

same scenario Librarian but handgun is NOT on the handgun roster for CA, can it be transferred by FFL father to son during a visit to CA???

But it has to be done as an FFL transfer, it cannot currently be transferred as a Private Party Transfer via the FFL. This means the lower price of a PPT doesn't apply. The dealer can charge any transfer fee he chooses.

[dantodd]

There are a lot of misinformed people about this particular situation. Bass Pro Shop, several smaller dealers (including a few that I found on here), and a woman from the DOJ all told me the OPLAW form was all that's needed.

Just trying to do things the right way...

Yes, there are a lot of misinformed people. The CA DoJ doesn't require you to use an FFL, which is probably why they don't know, but the feds do. Almost every interstate transfer other than bequest must go through an FFL.

[Librarian]

So, I wonder - does anyone around here have standing to influence the information DOJ dispenses on interstate intrafamilial transfer?

I would think DOJ providing info that actually follows the law would be within their mission statement ...

[Gryff]

But it has to be done as an FFL transfer, it cannot currently be transferred as a Private Party Transfer via the FFL. This means the lower price of a PPT doesn't apply. The dealer can charge any transfer fee he chooses.

And I believe that the FFL has to process it specifically as an Intrafamilial Transfer rather than a normal DROS.

[GoodRevrnd]

What about a long term loan (period of months, not taking actual "ownership") interstate? And shotguns exempt or not?

[choprzrul]

Can OP take ownership in his father's state and then ship it to himself in CA?

.

[kemasa]

Can OP take ownership in his father's state and then ship it to himself in CA?

No, that is still an interstate transfer between residents of two different states and it is not allowed under Federal law.

And I believe that the FFL has to process it specifically as an Intrafamilial Transfer rather than a normal DROS.

It is processed as exempt, I think SB15, but would have to check on that.

So, I wonder - does anyone around here have standing to influence the information DOJ dispenses on interstate intrafamilial transfer?

I would think DOJ providing info that actually follows the law would be within their mission statement ...

Actually, what they are saying follows the law in which they enforce, the problem is that they forget or don't care about Federal law. There is a long standing issue with the CA DOJ giving information on Federal law and as I have been told, they have been told numerous times to not do it. I don't think that the BATF can go after them, so they do what they want. A person who listens to what they say will be the one who gets in trouble and since you don't have it in writing, the person would be SOL and I suspect there would be a disclaimer if they did put it in writing.

[Sig Marine]

Can OP take ownership in his father's state and then ship it to himself in CA?

.

Short answer is NO.

In part from http://wiki.calgunsfoundation.org/in...Family_Members

"INTERSTATE transfers are generally NOT FFL-free, because Federal law says so. So, out of state family members MAY transfer guns to family living in California, but almost always must use the services of a CA-licensed, in-California FFL -- the 'OPLAW' form does not work for INTERSTATE transfer."

It's my understanding that the father can:
1. Physically bring the gun with him into state and transfer to son/daughter
2. Ship the gun to a California FFL with a letter stating it is a transfer to son/daughter.

The gun can be off-roster.

[kemasa]

It's my understanding that the father can:
1. Physically bring the gun with him into state and transfer to son/daughter

This is true only if you mean that the father brings it to a FFL to do the transfer.