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Interfamilial Transfer of off roster gun, 2 hops

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  • 2Aftw
    Junior Member
    • Sep 2022
    • 25

    Interfamilial Transfer of off roster gun, 2 hops

    Let's say my Father In Law has the pistol, say a P365X off roster. He is a CA resident as am I.

    How quickly can I do the double hop, from him to my wife (his daughter), then from her to me?

    can we file the Interfamilial transfer forms one after the other? time differential? or acknowledgement differential? i.e. do I have wait 2 to 68 weeks or whatever the current 'post pandemic' time it takes to get CA DOJ acknowledgement then send in the next form?

    -First time poster (be gentle),
    2Aftw
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44624

    In theory, you cannot do that legally.

    The problem is PC 27515 -
    ARTICLE 1. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 27590] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )


    27515.

    No person, corporation, or dealer shall sell, loan, or transfer a firearm to anyone whom the person, corporation, or dealer knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to anyone who is not the one actually being loaned the firearm, if the person, corporation, or dealer has either of the following:

    (a) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the provisions of Section 27540 or 27545.

    (b) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the requirements of any exemption to the provisions of Section 27540 or 27545.
    Penalty is
    (c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:

    (1) A violation of Section 27515, 27520, or subdivision (b) of Section 27500.
    - a 'wobbler, could be charged as a misdemeanor but those seem to get charged initially as the 1170(h) felony.
    Last edited by Librarian; 10-10-2022, 2:06 PM.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30239

      Originally posted by 2Aftw
      Let's say my Father In Law has the pistol, say a P365X off roster. He is a CA resident as am I.
      Since you are both CA residents, you can both meet at a CA FFL dealer and conduct a PPT (he transfers to you).
      PPT of handguns are exempt from needing to be listed on the Roster of Handguns Certified for Sale.

      You will need to be a non-prohibited person aged 21 or older and will need to have valid proof of identification, valid proof of residency, and a FSC or an exempt to the FSC.

      You pay the fees ($37.19 + $10.00 = $47.19), complete the paperwork (4473/DROS), and undergo a 10 day wait.
      Afterwards, the handgun is legally yours and registered to you in AFS.
      Last edited by Quiet; 10-10-2022, 2:44 PM.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

      Comment

      • #4
        BAJ475
        Calguns Addict
        • Jul 2014
        • 5023

        Originally posted by Librarian
        In theory, you cannot do that legally.

        The problem is PC 27515 -

        Penalty is - a 'wobbler, could be charged as a misdemeanor but those seem to get charged initially as the 1170(h) felony.
        He could avoid this problem by simply doing a PPT. On the other hand, I have no problem shooting my wife's SSE P226, which she acquired because I was still under a 1 in 30 restriction. Of course, now that we are in Idaho there is no mine or hers, just ours!

        Comment

        • #5
          SkyHawk
          I need a LIFE!!
          • Sep 2012
          • 23354

          Just do a PPT, intrafamily has no place in this transfer
          Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

          Comment

          • #6
            sofbak
            Veteran Member
            • Aug 2010
            • 2628

            Doesn't the "method" or process that FIL used to acquire this pistol enter into the equation?

            If FIL acquired th gun via a LEO exemption, doesn't that restrict who he can xfer the gun to(?).
            Tire kickers gonna kick,
            Nose pickers gonna pick
            I and others know the real

            Comment

            • #7
              9Cal_OC
              Calguns Addict
              • Apr 2019
              • 6635

              Originally posted by sofbak
              Doesn't the "method" or process that FIL used to acquire this pistol enter into the equation?

              If FIL acquired th gun via a LEO exemption, doesn't that restrict who he can xfer the gun to(?).
              Freedom isn't free...

              sigpic

              iTrader

              Comment

              • #8
                2Aftw
                Junior Member
                • Sep 2022
                • 25

                Originally posted by sofbak
                Doesn't the "method" or process that FIL used to acquire this pistol enter into the equation?

                If FIL acquired th gun via a LEO exemption, doesn't that restrict who he can xfer the gun to(?).
                Great question.

                In this hypothetical, my FIL (father in law) got it from my BIL (brother in law, son of FIL from Georgia) doing the inter-state Intrafamilial transfer through an FFL.

                ...then PPT from FIL to me... is the advice I'm hearing.

                Is this legal? What am I looking at for a time frame? Is there a list of Intrafamilial Interstate friendly and knowledgeable FFLs in northern cali? I'm near Gilroy, CA

                Tiers?

                Comment

                • #9
                  morrcarr67
                  I need a LIFE!!
                  • Jul 2010
                  • 14910

                  Originally posted by 2Aftw
                  Great question.

                  In this hypothetical, my FIL (father in law) got it from my BIL (brother in law, son of FIL from Georgia) doing the inter-state Intrafamilial transfer through an FFL.

                  ...then PPT from FIL to me... is the advice I'm hearing.

                  Is this legal? What am I looking at for a time frame? Is there a list of Intrafamilial Interstate friendly and knowledgeable FFLs in northern cali? I'm near Gilroy, CA

                  Tiers?
                  Yes it's legal.

                  DO NOT MENTION ANYTHING ABOUT HOW THE GUN GOT TO YOUR FIL.

                  With the new rules on what SOME LEO's can do with their lawfully owned personal property some dealers are being over cautious.

                  Just call around and say that you have the opportunity to pick up a used P365 and want to know if they will do the transfer. The way they answer will tell you if they are a good choice or not.

                  Sent from my BE2026 using Tapatalk
                  Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                  Originally posted by Erion929

                  Comment

                  • #10
                    sofbak
                    Veteran Member
                    • Aug 2010
                    • 2628

                    "In this hypothetical, my FIL (father in law) got it from my BIL (brother in law, son of FIL from Georgia) doing the inter-state Intrafamilial transfer through an FFL.

                    ...then PPT from FIL to me... is the advice I'm hearing."

                    Then u r gtg for a ca legal PPT!
                    Tire kickers gonna kick,
                    Nose pickers gonna pick
                    I and others know the real

                    Comment

                    • #11
                      Old Marine
                      Senior Member
                      • Aug 2016
                      • 789

                      And this is exactly why I spend a little money on a lawyer because these laws are purposely vague and open to interpretation.

                      Comment

                      • #12
                        OlderThanDirt
                        FUBAR
                        CGN Contributor - Lifetime
                        • Jun 2009
                        • 5599

                        So, for $47.19 you can do a perfectly legal PPT. Or, you could save big bucks ($9.19) by doing a sketchy double interfamilial transfer. Yup, Saving $9.19 is definitely worth risking a felony conviction.
                        We know they are lying, they know they are lying, they know we know they are lying, we know they know we know they are lying, but they are still lying. ~ Solzhenitsyn
                        Thermidorian Reaction . . Prepare for it.

                        Comment

                        • #13
                          bugsy714
                          Senior Member
                          • Mar 2011
                          • 2418

                          Originally posted by OlderThanDirt
                          So, for $47.19 you can do a perfectly legal PPT. Or, you could save big bucks ($9.19) by doing a sketchy double interfamilial transfer. Yup, Saving $9.19 is definitely worth risking a felony conviction.

                          Some people like to add excitement to their life lol personally I like it nice and boring


                          Sent from my iPhone using Tapatalk
                          dictated but not read

                          Voice typing will butcher whatever I was trying to say

                          Comment

                          • #14
                            racinjason233
                            Senior Member
                            • Apr 2015
                            • 1456

                            Originally posted by BAJ475
                            He could avoid this problem by simply doing a PPT. On the other hand, I have no problem shooting my wife's SSE P226, which she acquired because I was still under a 1 in 30 restriction. Of course, now that we are in Idaho there is no mine or hers, just ours!
                            Originally posted by smashycrashy
                            Damn, you are right, I suck
                            Originally posted by OleCuss
                            I despise Trump.

                            Comment

                            • #15
                              BAJ475
                              Calguns Addict
                              • Jul 2014
                              • 5023

                              Your location says Sagle, Idaho, how do you have a CA CCW? In any event, when we were in CA my IA only required that I qualified with what was listed.

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