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IntRAfamilial transfers - in-state and interstate

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  • Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44625

    IntRAfamilial transfers - in-state and interstate

    See the Calguns Foundation Wiki articles on

    Intrafamilial transfer - http://wiki.calgunsfoundation.org/in...Family_Members

    Interstate transfer - http://wiki.calgunsfoundation.org/in...rms_Interstate

    Summary: A child/parent/grandparent who lives in CA and has CA ID may transfer a long gun or a handgun to a child/parent/grandparent who also lives in CA and has CA ID. An HSC/FSC is required.

    No relationship other than child/parent/grandparent, up or down, meets CA's definition of 'immediate family'.

    For the all-CA-resident version, one need only file the OPLAW form with the fee. Form: http://oag.ca.gov/sites/all/files/ag...rms/oplaw.pdf? Optionally, the transferee may sign up with CFARS and do the report electronically.

    ===========

    If the transfer is interstate, Federal law requires the FFL. The OPLAW form is NOT the answer, no matter what the CA-DOJ telephone-answerer or the counter guy at your local FFL may say.

    "Interstate" means that the participants in a transfer are residents of different states. Where the gun is currently located is not relevant.

    A transfer through an FFL does not also need the OPLAW form.

    An interstate intrafamilial transfer through an FFL is exempt from the Handgun Roster.

    An interstate intrafamilial transfer through an FFL is not exempt from 1-handgun-in-30-days.
    UPDATE NOVEMBER 2018
    CA DOJ Inspectors are advising FFLs that 1-in-30 may be avoided - see this thread: http://www.calguns.net/calgunforum/s....php?t=1156542

    (I no longer have write access to the wiki, so I cannot add this new information there.)
    An interstate intrafamilial transfer through an FFL will require a background check, a 10 day wait, a safe-handling demonstration, a lock for a handgun, proof of residence, and a fee determined by the FFL.

    ===========

    An interstate intrafamilial transfer through an FFL is not a California PPT. PPT here stands for Private Party Transfer, and under CA's implementation in the DROS software, it is available only to buyers/sellers who each have CA ID.

    // edited back to cgf wiki links
    Last edited by Librarian; 11-26-2018, 1:17 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!
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44625

    And, NO you cannot go out of state to get the off-roster handgun, and bring it back to CA.

    Both Federal and CA law require the gun to run through (in this case a CA) FFL, and you the new owner may not bring it in yourself.

    See the sticky in the Laws forum, http://www.calguns.net/calgunforum/s...d.php?t=503873
    Last edited by Librarian; 04-09-2021, 3:03 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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