Question on a transfer.

[Swampcrip]

I have an uncle coming out to cali to stay at the family ranch for the winter.

He offered to bring me a bday gift.


If he were to bring some of his guns with him would he be able to transfer any to me that might be off roster?

[Quiet]

Gun Control Act of 1968

I have an uncle coming out to cali to stay at the family ranch for the winter.

He offered to bring me a bday gift.


If he were to bring some of his guns with him would he be able to transfer any to me that might be off roster?

Federal laws prohibits the transfer of firearms between residents of different States, unless the transfer is done through a FFL. [18 USC 922(a)(3)&(5)]
Failure to utilize a FFL equates to a Federal felony for everyone involved. [18 USC 924(a)(1)(D)]

Therefore...

Any firearm your uncle wants to gift to you must be transfered to you through a CA FFL dealer.
^It is up to your CA FFL dealer on how they will accept the firearm being delievered to them (shipped or hand delivered).

Because your uncle is not considered an "immediate family member", if the firearm is a handgun, the handgun must be listed on the Roster of Handguns Certified for Sale or be exempt from it (C&R, OTP, SAE, SSE2).

[Rink Rat]

If uncle's father, you and your grandfather are all blood related it could happen. Uncle transfers to father(your grandfather) in a legal way depending on what states those two live in. Then grandfather transfers a gift to his grandson even from out of state but it must go through a CA FFL and have a letter stating it is a gift.

If grandfather and grandson live in CA it gets easier. Uncle --> grandfather via FFL then grandfather --> grandson via oplaw if grandson is not prohibited from owning firearms. Roster would not apply.

[Mitch]

If uncle's father, you and your grandfather are all blood related it could happen. Uncle transfers to father(your grandfather) in a legal way depending on what states those two live in. Then grandfather transfers a gift to his grandson even from out of state but it must go through a CA FFL and have a letter stating it is a gift.

If grandfather and grandson live in CA it gets easier. Uncle --> grandfather via FFL then grandfather --> grandson via oplaw if grandson is not prohibited from owning firearms. Roster would not apply.

Fiddletown will be here in 4 . . . 3 . . . 2 . . . 1 . . .

[fiddletown]

If uncle's father, you and your grandfather are all blood related it could happen. Uncle transfers to father(your grandfather) in a legal way depending on what states those two live in. Then grandfather transfers a gift to his grandson even from out of state but it must go through a CA FFL and have a letter stating it is a gift.

If grandfather and grandson live in CA it gets easier. Uncle --> grandfather via FFL then grandfather --> grandson via oplaw if grandson is not prohibited from owning firearms. Roster would not apply.

These sorts of sham transactions can be problematic. There are specific California statutes (PC27515 and PC27520) which would prohibit this sort of thing when the purpose is to avoid going through an FFL.

[ap3572001]

Two California residents can do a PPT at CA FFL on ANY handgun that is legal to own in California regardless of handguns origin as long as it's not on lost/stolen list. PS. I hope I understood the question correctly (?)

[Librarian]

OP's "coming out to cali" suggests uncle is not a CA resident.

[Twiki357]

I don’t want to hijack this thread, but can a non-California resident (such as the OPs uncle) who brings a hand gun into the state as a visitor, then do a PPT at a California FFL to the California resident? If so, any handgun or on roster only?

[Librarian]

Not a PPT - DROS software requires proof of CA residency for both buyer and seller. The sale you propose is an interstate transfer (between residents of different states, does not matter where the gun is located.)

Can't do an off-Roster handgun transfer except proper intrafamilial relationship - parent/child, grandparent/grandchild.