Transfer of LEO

[HMBxplore]

[Spanky8601]

If both of you are residents of California, yes. If she wants to give it to you do an op of Law Intra Family Firearm Transfer. $19

If she want to sell it to you head down to an FFL and do a PPT. Should cost you $35 and 10 days wait.

[Librarian]

And, the Roster is not exactly LEO-only, though that's an adequate quick summary of the effect on direct sales from FFL.

LEOs and their agencies can buy things off-Roster, directly from an FFL.

Non-LEO can buy from California residents, including LEO.

Or, in the case of direct-line family (child-parent-grandparent), the intrafamilial transfer may be used, both paths mentioned by Spanky.

[P5Ret]

If both of you are residents of California, yes. If she wants to give it to you do an op of Law Intra Family Firearm Transfer. $19

If she want to sell it to you head down to an FFL and do a PPT. Should cost you $35 and 10 days wait.

Does it really have to go through an FFL if she sells it to him? It seems that there should be no difference in paperwork just because money is changing hands.

[code_blue]

You and your mother do not need to go to an FFL to perform the transfer. An OPLAW form is all that you need, but you will still need an FSC.

Librarian, IIRC the OPLAW form didn't have a section for FSC exemption. Do you have any insight on that?

I do not see any requirement that this has to be a gift, only a transfer within vertical family or as I recently learned, spouses.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

(a)  Section 27545 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.

[Chewy65]

Not a legal opinion, but it does not have to be a gift. P5Ret thinks I should not tell people that it does not need be a gift to do an interstate intrafamilial transfer, since all we know is that gifts work, and I respect his thinking on that. Which is why it is not a legal opinion; not fully researched and I have no case law, regs, or DOJ opinions saying that a sale from a parent to a child qualifies. Your mileage may differ.
I am only talking about when one family member already owns it. If you buy it from a dealer for the other family member, and not as a gift for them, it is a straw purchase and a Federal felony.

http://www.calguns.net/calgunforum/showthread.php?t=1427616

[OlderThanDirt]

The OPLAW form has a space for FSC number or exemption code.

[HMBxplore]

Thank you everyone! We are actually going to trade. She likes my S&W Air Light, I prefer the Bersa. Guess we just need to head down to the good ole gun shop and do the paperwork.

[P5Ret]

Thank you everyone! We are actually going to trade. She likes my S&W Air Light, I prefer the Bersa. Guess we just need to head down to the good ole gun shop and do the paperwork.

No you don't. You are both Ca resident's correct? All you need to do is both fill out this form https://oag.ca.gov/sites/all/files/a...orms/oplaw.pdf
mail it with a check for $19, or do it on-line here

https://cfars.doj.ca.gov/logoff!displayLogoff.do

[Chewy65]

Listen to P5Ret.

18 USC 922 requires the use of an FFL if the transfer is made to a resident of ANOTHER state.

The rule that a transfer between two CA residents, if neither are a FFL, is a creature of CA law. The intrafamily exception eliminates that requirement.

Were you to do this trade through an FFL, there would be two separate DROS transactions and two sets of fees. This way, there are still two transactions and you each complete an OPLAW and pay $19.

[HMBxplore]

@P5ret
Awesome!! Thank you for the link.

@Chewy65
Thanks, Ca gets enough of my hard earned money.