Out of state gift of pistol (Son to CA father)

[EASonBASS]

OP just did this. In a nut shell:

Son ships via FedEx or usps next day to CA FFL. Must verbally tell shipper it's a firearm/check dangerous item box but no indications on box itself. Include gift statement with make, model etc. Include color copy of sons WA state DL. Exclude >10 mags.

CA FLL does DROS. 10 day wait. Enjoy.

Sorry can't recommend an FFL in SD.

[alabamacoastie]

OP just did this. In a nut shell:

Son ships via FedEx or usps next day to CA FFL. Must verbally tell shipper it's a firearm/check dangerous item box but no indications on box itself. Include gift statement with make, model etc. Include color copy of sons WA state DL. Exclude >10 mags.

CA FLL does DROS. 10 day wait. Enjoy.

Sorry can't recommend an FFL in SD.

This is correct... Try Parallax Tactical OR Gunfighter Tactical. I have used both to great result...

[Librarian]

You don't need to use an ffl, but you must file paperwork with do within 10 days of your brining it into the State.if you are driving up there to get it. Gratz

It is an interstate transfer, WA to CA - you MUST use an FFL in CA for a handgun transfer.

Federal felony to do otherwise - 5 years in jail and/or $10,000 fine for both the son and the father - see http://www.calguns.net/calgunforum/s...d.php?t=503873

ETA - yes, we know that some FFLs and often the telephone-answerers at DOJ will give that answer. It's wrong every time anyone would say that.

[BennyAdeline]

Be happy...you're going to get the gun!! It needs to go through an FFL that knows what they are doing as others have said.

Make sure the magazine is 10 or less rounds. If not, have him rivet them or you can buy legal ones. Good luck and enjoy!

[Chewy65]

Like several have said. It must be delivered to a FFL in the state of CA, else a federal felony is committed. Arrange in advance with the FFL. Some will not accept a delivery from a private party. Some will allow your son to personally deliver it to the CA FFL. Some will require it to be shipped through an FFL in your son's state to the CA FFL. See the link posted by Librarian.

No 10+ magazines and no threaded barrels. Although this is not a PPT, the roster does not apply to certain intra-familiar transactions.

[mwhite]

I thought threaded barrels were ok as long as it is not installed in the firear.

Sent from my SAMSUNG-SM-N910A using Tapatalk

[alejandrodizzle]

ARE YOU SURE???

Penal code 27875 says that Section 27545 (which requires non-dealers to go through an FFL) does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.


Its also legal (state & federal) to drive a firearm into California (across state lines) as long as its legally owned in another state and transported appropriately (unloaded/in a locked container/car trunk, etc).

So...WHY can't my father from Arizona, drive a pistol that's off the CA registry, into California and then gift it to me here.


The second part of the penal code below, does make it illegal for ME (the recipient) to bring/drive the gun into California (after receiving it as a gift in Arizona)...but I see nothing that would prevent my father from driving it into California and giving it to me here.

Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met:
(1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession.
(2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730.
(4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older.
(5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.


These amendments took effect Jan 2015...so is anyone uptodate on the new laws?

[morrcarr67]

Ke6guj is right. There are several ffl's that know the law on here if your in socal, baboosh is one, kemasa another. Be sure you and the ffl know the law.

Baboosh is no longer in the state. Though the guy he sold the business to (basically) knows what to do. He has even opened up a brick and mortar store in Upland. He's known on CG as waygekkierthanu.

[jeremiah12]

So...WHY can't my father from Arizona, drive a pistol that's off the CA registry, into California and then gift it to me here.

You completely missed the links that Librarian provided to Federal laws about the interstate transfer of firearms for the intent of transfer between residents of different states. Since it is an interstate transfer between residents of different states, Federal law applies. CA law does not apply until it comes to transferring to the CA resident.

So here is the part of the Federal that is important:

http://wiki.calgunsfoundation.org/index.php?title=Transferring_firearms_Interstate

Interstate transfer is governed by a combination of Federal and State laws. 18 USC 922 (a) makes it unlawful:
(2) for any importer, manufacturer, dealer, or collector licensed
under the provisions of this chapter to ship or transport in
interstate or foreign commerce any firearm to any person other than a
licensed importer, licensed manufacturer, licensed dealer, or
licensed collector, ...

(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;

Right now I am dealing with this. My FIL, who is nearing 90, decided a while back to give me his 1962 Remington 700 hunting Rifle chambered in .270. Now, I have have enough hunting rifles and I also have a very bad back and my days of hunting are likely over. I thought his grandson, my son would appreciate the rifle much more. He also would like to take up hunting and his fiance has relatives with lots of farmland and wooded acreage with plenty of deer. They have offered to take him deer hunting.

I am driving out to see him right now. Since I have a FFL03, my son's local FFL in Illinois will let me bring it to him and do the transfer for $10 because it is easier than receiving a package and unboxing it. Legally, under Federal law, I have to transer it to my son through a FFL in IL because my son in an IL resident and I am a CA resident. If my son had an FFL03, I could just hand it over to him because it qualifies as a C&R.

[M1NM]

I have a similar situation. Consulting CA DOJ, it looked like straight-line familial transfer (parents-children, through FFL) was OK, even off-roster. My LGS told me no go, only from father to son and not the other way around.

Up or down the family tree is legal. Roster makes no difference. The only limitations are no threaded barrel (unless it has a thread protector or some other type of muzzle device pinned or welded and of course no mags over 10 rounds. (no AW long guns either)

Find a good FFL first then have your son use one of the gun shipping services (cheaper than doing it himself). Federal law requires that all guns be delivered to you in your state of residence by an FFL. Yes your son can bring it here but to be legal he would have to deliver it to the FFL who would then log it into his book then do the paperwork to transfer it to you and 10 days later you can pick it up. Got your FSC yet? That will be required for the paperwork.

Post your location and someone will recommend an FFL who knows the rules and can get it done.

[SkyHawk]

Penal code 27875 says that Section 27545 (which requires non-dealers to go through an FFL) does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:


So...WHY can't my father from Arizona, drive a pistol that's off the CA registry, into California and then gift it to me here.

First, don't bump a thread that is 5 years old to ask a new question, because half the new replies will be to the old question.

Second, the reason WHY is called the Gun Control Act of 1968. It is a federal law. The part that directly prohibits what you want to do is 18 USC 922 (a)(3) and (a)(5)

https://www.law.cornell.edu/uscode/text/18/922

Violation of that law is up to a 5 year prison term for each party to the transfer and a loss of gun rights forever.

Federal law says that residents of different states cannot transfer guns between each other without using a FFL. There is no exception for family. It has been that way since 1968 and nothing has changed.

State law cannot give a pass on federal law. The state law you refer to only applies if both parties are CA residents, or one party has died.

[fiddletown]

....So...WHY can't my father from Arizona, drive a pistol that's off the CA registry, into California and then gift it to me here. ...

Because it would violate federal law earning both giver and recipient up to five years in federal prison and a lifetime loss of gun rights.

Federal law:

1. Under federal law, any transfer of a gun (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. And a handgun must be transferred through an FFL in the transferee's State of residence. 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.). 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.
   
   
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 complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. 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.
   
   
4. 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.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. 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;

   ...

   
   
7. Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.

[Librarian]

Necropost closed.