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Question on straw purchases?
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I'm usually wrong on these things but...
Since you are out of state. I believe you have to purchase the guns you want to gift and ship them to your folks FFL.
You can send off roster because it is child to parent.
Somebody correct me please if I got it wrong.^^ Said by some lunatic on the internetComment
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No.https://oag.ca.gov/sites/all/files/p...orms/oplaw.pdf
This should be all you need. Now how many you can do before being frowned upon by CA is the issue.
OP is out of state, parents in CA. Federal law requires transfers between people who reside in different states to use an FFL, and in the case of handguns, that FFL must be in the state of residence of the receiver, here CA.
The OPLAW form you link is for transfer between CA residents only.
See the sticky, http://www.calguns.net/calgunforum/s....php?t=1179771
That's correct.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Frozen in 2015, it is falling out of date and I can no longer edit the content.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!Comment
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FUD from ths916. Has to go thru ffl interstate intrafamilial transfer. Here in socal several ffls are familiar and reasonable in price.Comment
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No.
OP is out of state, parents in CA. Federal law requires transfers between people who reside in different states to use an FFL, and in the case of handguns, that FFL must be in the state of residence of the receiver, here CA.
The OPLAW form you link is for transfer between CA residents only.
See the sticky, http://www.calguns.net/calgunforum/s....php?t=1179771
That's correct.That's my bad. My apologies.
Excellent sticky Librarian.James
-I Like Guns, Cars, and Boobs-Comment
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Lots of people make that mistake and some ffls are telling people to commit felonies out of ignorance I guess. They are saying take delivery and oplaw interstate intrafamilial.Comment
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OP, I don't think you have anything to worry about. Your LEO status as it pertains to the roster doesn't matter anymore because you are out of state.
Any parent in nearly any state can buy their CA child an off roster gun and send it in. They don't have to be LE. My dad, once every few years, will send me a couple or few off roster guns all at once. It has never been a problem, but I have never sold any of them either.
I think the only way this becomes a problem is if you send them a lot at once (tens or twenties) or frequently, and then they are getting flipped in PPTs.
As noted, they must go through a CA FFL. No mags over 10rds unless the FFL is willing to block them. Each recipient must have firearms safety card or exemption. If you need FFL referrals let us know what area they are in.Last edited by SkyHawk; 01-08-2021, 3:29 PM.Comment
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Off roster is not a factor for interfamily transfer.
LEO and off roster also means nothing outside of CA.
The transfer going through an FFL when interstate is a Federal law not a CA one.
He could not personally deliver it to them and let them do the CA form.
He and they could go to a CA FFL together and do the transfer. It would not be a PPT and the FFL can charge more since he must log the gun into his bound book.
A gift must be paid for by you. They can not give you money to buy x gun as a gift to themselves.
Form 4473 - Question 11a: Actual Transferee/Buyer: For purposes of this form, a person is the actual transferee/buyer if he/she is purchasing the firearm for him/herself or otherwise acquiring the firearm for him/herself. (e.g., redeeming the firearm from pawn, retrieving it from consignment, firearm raffle winner). A person is also the actual transferee/buyer if he/she is legitimately purchasing the firearm as a bona fide gift for a third party. A gift is not bona fide if another person offered or gave the person completing this form money, service(s), or item(s) of value to acquire the firearm for him/her, or if the other person is prohibited by law from receiving or possessing the firearm.Comment
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