Conflictig FFL advice

[moose71]

I'm getting some conflicting advice on handling an interfamily transfer from out of state. I am currently visiting my father in Ohio and he wants to give me an off roster handgun to take back to CA with me. Everything I'm reading here on this forum suggests that he has to send it to an FFL so the DROS process can be completed.

BUT

I have been given advice from a CA FFL who says that I just need to bring it with me on the airplane and complete a form that I can download off the internet. He says that doing so negates the need for an FFL.

I've read all the discussion threads on this forum about interfamily transfers and thought I had it figured out but this new advice has confused me.

Can anyone clarify?

[SonofWWIIDI]

I believe that the first FFL is right. It must be shipped to a local (in CA) FFL for the process to be legal. Unless it's a C&R and you have an 03 and a COE.

Here some wiki that might have your answer.

http://wiki.calgunsfoundation.org/Transferring_firearms_Interstate

Of course someone who is more versed on this topic will undoubtedly chime in soon to correct me if I'm wrong.

Good luck.

[moose71]

Thanks but I've read that thread already. Unfortunately it doesn't address my particular scenario where I am currently In Ohio and wether or not I can just take it back with me. I'm also confused by the discussion thread in light of the additional advice I received.

[Jimbo60]

This from the wiki is all you need to know.

California Intrafamilial Needs FFL

California allows Non-FFL transfers among certain family members, all of whom live within California. Federal law has nothing similar - an intrafamily transfer between residents of different states must use a FFL in the state of residence of the person receiving the gun.

oh...... and the FFL who said you just need a "form" is full of ****e.

Jim

[monk]

Any kind of interstate gun dealings are subject to federal laws. Iirc, they don't have laws that say anything about family transfers but they do have laws that pertain to selling guns across state lines.

[moose71]

Any kind of interstate gun dealings are subject to federal laws. Iirc, they don't have laws that say anything about family transfers but they do have laws that pertain to selling guns across state lines.

It's not a sale though. It's a gift.

[Jimbo60]

TRANSFER!.........

Can either be a sale or gift.

When ownership TRANSFERS from one person to another.

Subject to federal law.

Jim

ETA - as you are a resident of CA, it doesn't matter if you are physically present in Ohio or not it is still an interstate transfer of ownership.

[DEPUTYBILL]

I think you need to find a dealer in CA. that knows how to do family transfers.
Then your father or an FFL can send the gun to the Ca. FFL.
The Ca. FFL can then do the paperwork to transfer it to you.

[Condorguns]

You used to be able to bring it back.

The law has changed.

You will need to send it to a California FFL ( please call ahead and make sure they know how to do this).

[monk]

A lot of times the FFL who's receiving wants it to come from an FFL in the other state.

[EBR Works]

A lot of times the FFL who's receiving wants it to come from an FFL in the other state.

It is up to each FFL as to their policy on this. We will accept shipment from non-FFLs if they provide a photo of their state ID or drivers license to us first.
.
.
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[kemasa]

The law has not changed. Federal law requires that the transfer of a firearm between residents of two difference states have the transfer done at a FFL in the state of residence of the transferee. This means that the firearm has to be shipped, or it can be brought by the seller to the FFL.

BTW, the CA DOJ has incorrectly stated that the person can pick it up from out of state and just fill out the form. From what I can tell it has to do with bad information from the Sacramento BATF.

[Mssr. Eleganté]

You used to be able to bring it back.

The law has changed.

The law has not changed.

Condorguns may have been talking about the bill that President Lyndon Johnson "recently" signed into law.

[Librarian]

See also the sticky thread http://www.calguns.net/calgunforum/s...d.php?t=503873

[moose71]

Alright folks. Thanks for the advice.