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  • ebyrd10000
    Junior Member
    • Nov 2009
    • 52

    Father to son transfer

    Ok so I am confused here I see the report of operations for for for a transfer of a gun from son to child and am confused if my father who lives in another state is visiting me and gives me a gun can i use the report of operations form and do i transfer like that?
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44652

    No.

    See http://www.calguns.net/calgunforum/s...d.php?t=503873 for the details.

    In short, 'father who lives in another state' transferring to you, who live in California, is an interstate transfer, and Federal law requires you use an FFL for the transfer. (CA law requires you use a CA FFL.)

    You can legally just walk in together, where Father will do the transfer; he can't leave the gun with you, and you try to transfer the gun to yourself. Call ahead to your local FFL to see how s/he runs the business.

    See also the WAYBACK CGF wiki -- https://web.archive.org/web/20151027..._located_in_CA
    Last edited by Librarian; 02-08-2016, 7:46 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    Frozen in 2015, it is falling out of date and I can no longer edit the content.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!

    Comment

    • #3
      ebyrd10000
      Junior Member
      • Nov 2009
      • 52

      damn Cali is so confusing ....So i talked to some guys at two different gun shops and they both said just fill out the oplaw forms transfer it to me and call it a day????? so what am i missing here i am so confused.

      Comment

      • #4
        M1NM
        Calguns Addict
        • Oct 2011
        • 7966

        Originally posted by ebyrd10000
        so what am i missing here i am so confused.
        You're missing the Federal requirement that it has to be shipped from your father to an FFL in your state.

        Comment

        • #5
          code_blue
          Veteran Member
          • Sep 2012
          • 3452

          Listen to Librarian. Gun shop folk are either knowledgeable, completely ignorant, or misunderstood what you were asking.

          Where are you located? Go to any of the familiar FFL vendors here and you'll be fine. Interstate Intrafamilial transfer is correct.
          Classifieds:

          Radian & Aero Pistol lowers, Folsom

          Comment

          • #6
            ebyrd10000
            Junior Member
            • Nov 2009
            • 52

            I am located in the High desert area near Hesperia California anyone know any good FFL dealers in that area that i can have my dad send the handgun..

            Comment

            • #7
              kemasa
              I need a LIFE!!
              • Jun 2005
              • 10706

              Originally posted by ebyrd10000
              damn Cali is so confusing ....So i talked to some guys at two different gun shops and they both said just fill out the oplaw forms transfer it to me and call it a day????? so what am i missing here i am so confused.
              The CA DOJ got some bad info from the Sacramento BATF and spread it. I am not sure if they got the real info. This has caused people to violate Federal law.

              For CA law, you would just need to fill out the form, BUT there is a PROBLEM with Federal law which requires that when the people are residents of different states, the firearm has to go through a FFL in the state where the buyer/transferee lives.

              The CA DOJ also says to copy Military IDs, which is illegal. I asked about it and was told that if the person objects, that I would not have to copy it. I then asked what if I objected. I was told that they have never been asked that.

              In other words, you can't trust anyone and it is not always the fault of the person who is telling you the false information. You should personally check on the law.

              Here is the answer from the BATF. You can look at the actual Federal Code sections to confirm that it is correct. Some FAQ are not correct.



              Kemasa.
              False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

              Don't tell someone to read the rules he wrote or tell him that he is wrong.

              Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

              Comment

              • #8
                kemasa
                I need a LIFE!!
                • Jun 2005
                • 10706

                Originally posted by ebyrd10000
                I am located in the High desert area near Hesperia California anyone know any good FFL dealers in that area that i can have my dad send the handgun..
                I don't know that this is the place that I am thinking about, but there is:

                Kemasa.
                False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                Don't tell someone to read the rules he wrote or tell him that he is wrong.

                Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                Comment

                • #9
                  ebyrd10000
                  Junior Member
                  • Nov 2009
                  • 52

                  interesting so let me ask this what if I never take possession fill all the paperwork out to transfer the gun then make a trip and pick it up ? just a curious question

                  Comment

                  • #10
                    code_blue
                    Veteran Member
                    • Sep 2012
                    • 3452

                    You're asking if an FFL would risk their license for you? No reputable FFL will complete paperwork and release the firearm to you without verifying the firearm.

                    Just follow the correct procedure for interstate intra-familial transfer.
                    Classifieds:

                    Radian & Aero Pistol lowers, Folsom

                    Comment

                    • #11
                      kemasa
                      I need a LIFE!!
                      • Jun 2005
                      • 10706

                      The CA paperwork makes no difference to Federal laws. When you go and pick it up, you are violating Federal law. While you might never get caught, if you do, then you might not be able to legally own a firearm again. Is it worth the risk? I personally don't think so. I don't think a FFL would do a transfer without the firearm and they would have serious issues if they did since it would never be recorded in their bound book.
                      Kemasa.
                      False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                      Don't tell someone to read the rules he wrote or tell him that he is wrong.

                      Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                      Comment

                      • #12
                        mej16489
                        Veteran Member
                        • Aug 2008
                        • 2714

                        Originally posted by ebyrd10000
                        I am located in the High desert area near Hesperia California anyone know any good FFL dealers in that area that i can have my dad send the handgun..
                        I would recommend you contact CalGunner yzernie. He's a CalGuns.net Vendor and FFL located in the Oak Hills area. He might be able to help you out.

                        Comment

                        • #13
                          ebyrd10000
                          Junior Member
                          • Nov 2009
                          • 52

                          always good info much appreciate all the input from people here. just have to ask questions as laws are confusing

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