interstate intrafamilial need to be direct?

[broadside]

If an out of state parent wants to gift a firearm to a child in CA, does that firearm need to come directly from the parent via an FFL shipper or can it come direct from any FFL (such as a custom shop) as long as the gift letter with serial number and copy of parent's driver's license ends up at the receiving FFL?

I've never thought about this method of transfer and was curious.

[Quiet]

The out-of-state immediate family member needs to own the firearm they are gifting.

They order it and have it transferred (4473/NICS + whatever their State requires) to themselves.

They then can gift it to their CA resident immediate family member through a CA FFL dealer.


If they order/pay for a firearm that is then shipped/transferred to another person, then it could be considered a straw purchase and the transferred refused by the FFL, since the person buying the firearm is not the person acquiring the firearm.
In addition, it would not be considered an intra-familial transfer since they never owned the firearm being gifted.

[broadside]

Thanks and figured. Doesn't make sense but no CA gun law does.

[Quiet]

Thanks and figured. Doesn't make sense but no CA gun law does.

This issue mostly has to do with Federal laws/regulations and SCOTUS ruling regarding straw purchases and what legally is or is not considered a gift.

[axioma]

The out-of-state immediate family member needs to own the firearm they are gifting.

They order it and have it transferred (4473/NICS + whatever their State requires) to themselves.

They then can gift it to their CA resident immediate family member through a CA FFL dealer.


If they order/pay for a firearm that is then shipped/transferred to another person, then it could be considered a straw purchase and the transferred refused by the FFL, since the person buying the firearm is not the person acquiring the firearm.
In addition, it would not be considered an intra-familial transfer since they never owned the firearm being gifted.

just want to make sure I got this straight. my mom lives in oregon and owns a sweet Staccato XC 2011 competition pistol, she can simply meet me at a CA FFL and transfer it to me there and then as long as I pass CA requirements?

[9Cal_OC]

just want to make sure I got this straight. my mom lives in oregon and owns a sweet Staccato XC 2011 competition pistol, she can simply meet me at a CA FFL and transfer it to me there and then as long as I pass CA requirements?

Ask the FFL ahead of time. Some want them mailed in.

[Usual_Suspect]

just want to make sure I got this straight. my mom lives in oregon and owns a sweet Staccato XC 2011 competition pistol, she can simply meet me at a CA FFL and transfer it to me there and then as long as I pass CA requirements?

When I did this, the FFL in Cali wanted it shipped from an FFL in Nevada. The Cali FFL also required a letter stating it was a gift. YMMV.

[Librarian]

If it comes from an FFL, in this case an OR FFL to a CA FFL, the shipping FFL must get an authorization from CA-DOJ; see https://oag.ca.gov/firearms/cflcoverview

Some out of state FFLs want nothing to do with that silliness.

[axioma]

hopefully she can just bring it with her next time she comes to town, since it's totally legal for an oregon citizen to drive in to CA with a firearm they legally own as long as the firearm itself is legal in CA to possess.

[BAJ475]

Ask the FFL ahead of time. Some want them mailed in.

Yes, always check with the FFL for their requirements. When my son transferred off roster handguns to me while I was a CA resident they were always face to face transfers at the FFL. The FFL keep the gift letter and photo copied his Idaho DL.

[Quiet]

just want to make sure I got this straight. my mom lives in oregon and owns a sweet Staccato XC 2011 competition pistol, she can simply meet me at a CA FFL and transfer it to me there and then as long as I pass CA requirements?

hopefully she can just bring it with her next time she comes to town, since it's totally legal for an oregon citizen to drive in to CA with a firearm they legally own as long as the firearm itself is legal in CA to possess.

FYI.

The Staccato XC 2011 is a CA illegal off-Roster handgun.
It is CA illegal because CA laws considers it to be an assault weapon due to its threaded barrel [PC 30515(a)(4)(A)].

In order to be a CA legal off-Roster handgun, the threaded barrel needs to be replaced with a non-threaded barrel or the compensator needs to be permanently attached (pin & weld) to the barrel.

In addition, the standard capacity magazines for it are illegal to import or transfer in CA. [PC 32310(a)]

In order to be CA legal, the magazines need to be permanently altered into 10 round magazines before they enter CA.

[axioma]

thank you I forgot about those features. Will make sure to swap the barrel and find 10 round magazines for it before we visit the FFL

FYI.

The Staccato XC 2011 is a CA illegal off-Roster handgun.
It is CA illegal because CA laws considers it to be an assault weapon due to its threaded barrel [PC 30515(a)(4)(A)].

In order to be a CA legal off-Roster handgun, the threaded barrel needs to be replaced with a non-threaded barrel or the compensator needs to be permanently attached (pin & weld) to the barrel.

In addition, the standard capacity magazines for it are illegal to import or transfer in CA. [PC 32310(a)]

In order to be CA legal, the magazines need to be permanently altered into 10 round magazines before they enter CA.