intrafamilal transfers - not in stcky

[Nardo1895]

Great information in the sticky on this topic. For out of state intrafamilar transfers, the sticky says these are not subject to the roster. I could not find a legal reference for that. Does anyone have the legal reference? Thanks.

[ugimports]

Great information in the sticky on this topic. For out of state intrafamilar transfers, the sticky says these are not subject to the roster. I could not find a legal reference for that. Does anyone have the legal reference? Thanks.

TL;DR: There is no "new" legal reference. It's the existing federal and state laws.

--details
It's the same PC for California - 12078(c). The only difference being they have to go through an FFL due to federal laws (as any out of state transfer would).

Feds don't have roster issues so you won't find it there, but that is the law that says it goes through FFL.

CA has roster laws and the law is the same one as written - 12133. The only reason you have to do DROS is because of what I just mentioned above by meeting federal requirement. The 12078(c) makes you exempt from 12133.

Confusing? Yes.
Do all dealers know how to do this? No
Is it really difficult? Not really, but they have to be willing to try and understand.

[Librarian]

Great information in the sticky on this topic. For out of state intrafamilar transfers, the sticky says these are not subject to the roster. I could not find a legal reference for that. Does anyone have the legal reference? Thanks.

Intrafamilial transfers are always exempt from the Roster; the Roster applies only to dealer transfers, and in-CA intrafamilial is exempt from using the FFL.

The Legislature seems never to have figured an interstate intrafamilial transfer would occur, with Federal law forcing the transfer through an FFL.

ETA And, it's helpful if one follows the links off to the wiki, as I did NOT do last night -- PC 32110 specifically exempts 27545 transfers from the Roster.

[Nardo1895]

I checked the Wiki article but didn't find what I was looking for the first time through. Reading again, I think you are referring to this (from the wiki article):


Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following:
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.

I think I need to track down each article/chapter/division reference to fully understand, but I think think I get the jest of it. CA law doesn't specifically preclude interstate interfamilia transfers from the roster exemption provided to in-state residents therefor if not specifically precluded its legal.

[Librarian]

I checked the Wiki article but didn't find what I was looking for the first time through. Reading again, I think you are referring to this (from the wiki article):


Article 4 (commencing with Section 31900) and Article 5
(commencing with Section 32000) shall not apply to any of the
following:
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of Section 27545 pursuant to any applicable exemption
contained in Article 2 (commencing with Section 27600) or Article 6
(commencing with Section 27850) of Chapter 4 of Division 6, if the
sale, loan, or transfer complies with the requirements of that
applicable exemption to Section 27545.

I think I need to track down each article/chapter/division reference to fully understand, but I think think I get the jest of it. CA law doesn't specifically preclude interstate interfamilia transfers from the roster exemption provided to in-state residents therefor if not specifically precluded its legal.

Yes, that quotes 32110, and the wiki article also quotes 27545 (which requires using an FFL for transfers), and 27870 the relevant bit of PC that creates the intrafamilial transfer exceptions.

I wrote the wiki article.

[Nardo1895]

And a great article it was! CA law seems to jump you all around the code making it difficult to follow without three computer screens and a law degree