Transfer of gun question (FAQ: interstate transfer requires using FFL)

[ebyrd10000]

I have a handgun transfer question.If My dad was to come down to visit me and give me a handgun he bought in another state the question I would like to know is how do I transfer it to my name. FYI my dad doesn't live in California. Can he give me a copy.of hid Drivers license and a note saying that this was a gift from him to me. Or does he need to ship the gun to a local FFL directly? How exactly does the father to son transfer work?

[SkyHawk]

Father to son transfer means nothing in Federal law, which is what you are concerned with since dad lives in another state. Your dad must ship/deliver the pistol to a FFL here, period. Contact a FFL near you who will receive shipments from private parties, and find out what they require to be shipped with the pistol (ie, copy of ID etc). If the pistol is off roster, be sure they know how to transfer using the roster exemption for father to son (which is a matter of state law).

https://www.law.cornell.edu/uscode/text/18/922#

18 USC 922 (a)(5)

(a) It shall be unlawful
...
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

https://www.law.cornell.edu/uscode/text/18/924

18 USC 924 (a)(1)(D)

(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever—
(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both.

There is no exception for 'father to son' for 18 USC 922(a)(5).

If he wants to give it to you, he can have it sent to a FFL near you and you can pay a transfer fee and DROS it, wait ten days, pick it up. You must have a valid handgun safety card, firearms saftey card, or exemption.

Your dad might use this service to stay legal when he sends it back to a FFL near you, since shipping handguns have certain special laws that must be adhered to. Wouldn't want to mess that up too...

http://www.shipmygun.com/go/

Or he could bring it here and deliver it to a FFL personally, but check with the FFL first to be sure they will accept that - some will and some wont.

[kemasa]

I have a handgun transfer question.If My dad was to come down to visit me and give me a handgun he bought in another state the question I would like to know is how do I transfer it to my name. FYI my dad doesn't live in California. Can he give me a copy.of hid Drivers license and a note saying that this was a gift from him to me. Or does he need to ship the gun to a local FFL directly? How exactly does the father to son transfer work?

He would have to go to a FFL and deliver the firearm to the FFL, who then can transfer it to you. As said, make sure that they know how to do an interstate intrafamilial transfer.

Due to Federal law, he can not directly give it to you as you are residents of different states. He would need to provide a letter to the CA FFL documenting that it is a gift from your father.

[ebyrd10000]

as always I appreciate the feedback and guidance you guys are great