Looking for ffl

[jeffm223]

I am in Chico, looking for a (hopefully) nearby FFL to do an interstate, intrafamily transfer of an off roster handgun that my father (a Florida resident) has brought here as a gift. Both LGS say that the CA op law form is sufficient, which I know to be incorrect. So, if there is anyone around who actually knows what they are doing, I would be stoked to hear from you.

[Corpral_Agarn]

Hey Jeff!

I am pursuing this question with the local FFL that you visited.

Will hopefully have an answer for you soon!

You mentioned the other day that the Librarian had a page that discribed this process.
Post the link?

Thanks!

[acespawnshop]

Yes, both FFLs are wrong. OPLAW is a CA form and doesn't consider federal law. You would have to find an FFL that's competent enough to understand what you are doing and help you out. As said above this was addressed by Librarian some time back. Ill try and find that thread.

[Librarian]

Wiki article - https://web.archive.org/web/20151027...Family_Members

[Corpral_Agarn]

Wiki article - https://web.archive.org/web/20151027...Family_Members

Librarian,

It is my understanding that the pistol in question is physically in the state already.

I thought that the gun being physically in CA already changes things?

It is my understanding that because the gun is in CA it is then just the $19 interfamily transfer form.

Thank you for your time.

[kemasa]

It is my understanding that the pistol in question is physically in the state already.

I thought that the gun being physically in CA already changes things?

It is my understanding that because the gun is in CA it is then just the $19 interfamily transfer form.

While the firearm might be in CA now, the problem is that since the two parties are residents of two different states, that means that there was an illegal transfer between residents of two different states. If it is given back, that is another illegal transfer. Two wrongs doesn't make it right, although if it goes back, then it is harder to know what happened and there is no documentation of the illegal transfer, but that still does not make it right. CA does not care about the Federal law, so filling out the form is fine by them.

I was told in the past that in the case where it was illegally transferred, that the person should fill out the CA form and to never do it again. It is really a no-win situation.

[Corpral_Agarn]

While the firearm might be in CA now, the problem is that since the two parties are residents of two different states, that means that there was an illegal transfer between residents of two different states. If it is given back, that is another illegal transfer. Two wrongs doesn't make it right, although if it goes back, then it is harder to know what happened and there is no documentation of the illegal transfer, but that still does not make it right. CA does not care about the Federal law, so filling out the form is fine by them.

Um... What?

Sorry, but to my knowledge the gun has not changed hands. So none of that applies.

I was told in the past that in the case where it was illegally transferred, that the person should fill out the CA form and to never do it again. It is really a no-win situation.

I have been told by by a shop owner after a call with DOJ that the gun's physical location matters.
If the gun was coming from Florida via mail, it must go through CA FFL and the exception on DROS.
The gun is here.

Hopefully Librarian can clear that up for us.

[kemasa]

I am in Chico, looking for a (hopefully) nearby FFL to do an interstate, intrafamily transfer of an off roster handgun that my father (a Florida resident) has brought here as a gift.

OP, is your father still here? That is important to know since if he is, you can both go to a CA FFL to do the transfer.

Um... What?

Sorry, but to my knowledge the gun has not changed hands. So none of that applies.

See above.

I have been told by by a shop owner after a call with DOJ that the gun's physical location matters.
If the gun was coming from Florida via mail, it must go through CA FFL and the exception on DROS.
The gun is here.

Hopefully Librarian can clear that up for us.

The physical location does not matter at all, not in the least. All that matters is that the firearm is owned by a resident of another state and that under Federal law it is required to go through a FFL in the state residence of the buyer/transferee.

As said, the CA DOJ should NOT be asked about Federal issues. They have been known to give FALSE information and have told people that they could do things which are ILLEGAL under Federal law. People need to be very aware that the CA DOJ gives bogus information regarding Federal law. I can not make that statement strong enough. The same is the case in regards to state laws.