Interfamily transfer out of state

[littlebear44]

Ok long story short, I have a father who lives in another state and wants to pass down a few handguns to me. unfortunately they are not on the roster. Im guessing this is a no go but i need some clarification. I read some on it but wasn't quite sure.
thanks guys

[Librarian]

IntRAfamily transfer from out of state.

Happens all the time at CA FFLs who understand the interstate transfer requires the FFL.

That transfer is exempt from the Roster, but not from 1 handgun in 30 days.

Tell us where you are in CA, and someone may suggest an FFL to handle the transfer.

[littlebear44]

I am in Orange County, but I work in riverside. So anything on the 60/10 in from the 57 to the 91/215 is doable for me.
thank you

[Quiet]

I am in Orange County, but I work in riverside. So anything on the 60/10 in from the 57 to the 91/215 is doable for me.
thank you

Check with RifleGear in Fountain Valley.
They use to do it (out-of-state intra-familial gift transfer) in the past.

[Chakachaka]

Ok long story short, I have a father who lives in another state and wants to pass down a few handguns to me. unfortunately they are not on the roster. Im guessing this is a no go but i need some clarification. I read some on it but wasn't quite sure.
thanks guys

Riflegear has processed 3 of these for my dad and I. They charge $60 for the fee + dros. I trust them to do it right

[bhf]

Similar question. How about a NorCal (Bay Area) FFL that will do an interstate transfer from wife (WA State) to husband (in CA) via Operation of Law for off roster handgun?

[LeadFarmer74]

Similar question. How about a NorCal (Bay Area) FFL that will do an interstate transfer from wife (WA State) to husband (in CA) via Operation of Law for off roster handgun?

This wouldn't work. It is not an intrafamilial transfer so therefore the roster applies.

[bhf]

I see that the guide from Cal DOJ lists PPT & Intra-familial transfers as exempt from the roster and does not specifically list Operation by Law (OpLaw). I tried reading through the actual laws to find the specific exemptions for Intra-Familial and PPT and didnt find them.
AFAIK the roster law applies to dealer sales, but since Intra-Familial transfers and PPT are not dealer sales they are exempt. Seems like OpLaw would be the same. Also the form to report Intra-Familial transfers is the same form for OpLaw
Still looking though.

[LeadFarmer74]

I see that the guide from Cal DOJ lists PPT & Intra-familial transfers as exempt from the roster and does not specifically list Operation by Law (OpLaw). I tried reading through the actual laws to find the specific exemptions for Intra-Familial and PPT and didnt find them.
AFAIK the roster law applies to dealer sales, but since Intra-Familial transfers and PPT are not dealer sales they are exempt. Seems like OpLaw would be the same. Also the form to report Intra-Familial transfers is the same form for OpLaw
Still looking though.

Wife to husband is not an interfamilial transfer. That would just be a regular sale and the roster would apply just like having to use an FFL.

[bhf]

I don't think that firearms transfers between spouses is a sale. It is similar to an Intra-Familial transfer, but is called an Operation by Law. Penal Code 12070 defines Operation of Law is as the transmutation of property between spouses.

Cal DOJ Form 4544A is titled "Report of Operation of Law or Intra-Familial Firearms Transfer". So the implication is they are equivlent.

The Law that allows Intra-Familial transfers to be exempt from a FFL transfer is Penal Code 12078(c)(2). Penal Code 12078(i)(2) similarly exempts Operation of Law transfers.

Both seem to be exempted from the Roster by Penal Code 12132(b)

12125. (a) Commencing January 1, 2001, any person in this state who
manufactures or causes to be manufactured, imports into the state
for sale, keeps for sale, offers or exposes for sale, gives, or lends
any unsafe handgun shall be punished by imprisonment in a county
jail not exceeding one year.

12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section
12082 in order to comply with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.


12078 (c)(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and all of the
following conditions are met:


12078 (i)(2) Subdivision (d) of Section 12072 shall not apply to a person
who takes title or possession of a handgun by operation of law if the
person is not prohibited by Section 12021 or 12021.1 of this code or
Section 8100 or 8103 of the Welfare and Institutions Code from
possessing firearms and all of the following conditions are met:

[LeadFarmer74]

I don't think that firearms transfers between spouses is a sale. It is similar to an Intra-Familial transfer, but is called an Operation by Law. Penal Code 12070 defines Operation of Law is as the transmutation of property between spouses.

Cal DOJ Form 4544A is titled "Report of Operation of Law or Intra-Familial Firearms Transfer". So the implication is they are equivlent.

The Law that allows Intra-Familial transfers to be exempt from a FFL transfer is Penal Code 12078(c)(2). Penal Code 12078(i)(2) similarly exempts Operation of Law transfers.

Both seem to be exempted from the Roster by Penal Code 12132(b)

Interstate transfers require the use of an FFL and since you and your wife live in different states it would have to go through an FFL and the roster applies. Not sure what you can't understand about that but good luck.

[bhf]

Not to beat a dead horse, but Interstate Intra-Familial transfers have to go through a CA FFL, so just going through a FFL does not trigger the roster. I will agree that the law is complex, but the portion that exempts Intra-Familial from the roster seems to be the same that exempts Operation by Law.

[Librarian]

Not to beat a dead horse, but Interstate Intra-Familial transfers have to go through a CA FFL, so just going through a FFL does not trigger the roster. I will agree that the law is complex, but the portion that exempts Intra-Familial from the roster seems to be the same that exempts Operation by Law.

True. That doesn't affect the chain-of-transactions problem from the sister-mother-sister hypothetical in the other thread.

[Librarian]

I see that the guide from Cal DOJ lists PPT & Intra-familial transfers as exempt from the roster and does not specifically list Operation by Law (OpLaw). I tried reading through the actual laws to find the specific exemptions for Intra-Familial and PPT and didnt find them.
AFAIK the roster law applies to dealer sales, but since Intra-Familial transfers and PPT are not dealer sales they are exempt. Seems like OpLaw would be the same. Also the form to report Intra-Familial transfers is the same form for OpLaw
Still looking though.

In-CA OPLAW is the right path for husband-wife, if both are CA residents. 'Transmutation', Family Code 850, is an Operation of Law.

Interstate is still driven to the FFL by Federal law, but would also be Roster-exempt.

See also the wiki -- https://web.archive.org/web/20151027...Family_Members

[bhf]

Librarian, I agree that the CA-OPLAW form is for CA to CA only (although most LGS FFL have told me it is good for interstate because ....). Also I agree that Interstate transfer is driven to the FFL by Federal law. Thank you for the link, it helps put things in perspective.

I realize none of us are lawyers, but for arguments sake, is CA Penal Code 27875 the key to a CA Interstate Intra-Familial off roster handgun transfer? It would seem so based on the recommendation for the CA FFL to use the DROS "Curio/Relic/Exempt process and add the comment 27875PC intrafamily transfer".

Given that, would not the interstate spousal transfer fall under 27920PC? It is in the same section of the Penal code as 27875 and seems to have the same effect. It seems logical that the CA FFL could use the DROS Curio/Relic/Exempt process and add the comment "27920PC Operation of Law transfer".

Am I missing something?