Intrafamilial Transfers

[Veggii]

question ,
how long does the CA DOJ have to process a Intrafamilial Transfer Application?
what do they do > a background check ?
how do you prove you own the guns ?
when can you sell the guns?

we posted our app to the cadoj a month ago, we called and got a status check and they got it but have not processed it and said it could be a long time before they do ! really

please post only 100% facts as i have got several different answers from local FFL's

[Veggii]

I have another question for a FFL,
so I was made a prohibited person some years ago, so I ended up giving my guns to a Local FFL with a power of attorney for sale/transfer/storage of (until prohibition over 5yrs) 3 yrs has gone by, FFL contacts me says they are closing up shop need to move guns.
add: later I had also gave them a shotgun that was stored away, under consignment

so my mother in available to get them she has her firearms cert.she has clean bkgd, how can she legally get them from the FFL?
can she just do a Intra familial Transfer as one local FFL says ,or does it have tobe a Private Party Transfer as another FFL says or is there another way this needs to happen? any links to the laws would be awesome! I cant seem to find any dealing with this specific scenario and I have got different story from every local FFL

[kemasa]

Since it sounds like you did a consignment basically, I think all that it would take is to do it as a consignment sale (PPT) to your mother. If they have a power of attorney and could just return the firearms to you, then the intrafamilial transfer form would work, but I suspect that based on how the firearms are stored all the paperwork would have to be done in order to return them to you (DROS, 4473).

It needs to be a gift or sale to your mother since she needs to be the actual purchaser/transferee.

[Veggii]

Intra Familial

Since it sounds like you did a consignment basically, I think all that it would take is to do it as a consignment sale (PPT) to your mother. If they have a power of attorney and could just return the firearms to you, then the intrafamilial transfer form would work, but I suspect that based on how the firearms are stored all the paperwork would have to be done in order to return them to you (DROS, 4473).

It needs to be a gift or sale to your mother since she needs to be the actual purchaser/transferee.

so am i understanding this correct, they have one firearm on consignment & one on power of attorney, both for sale/transfer/storage, and they both require return to me with dros & 4473, then the intra familial takes over ?
or option 2, they can just do the PPT straight over to mother from FFL as either way the dros & 4473 has tobe done? and this way saves the $19 intra familial fee.

I am trying to get this correct so the DOJ does'nt flag the transfer, we unfortunately mom has filed the intra-familial already based on another FFL told her this is how todo it. , so I am confused know
and this is costing way too much of my hard earned $$$, I am so fedup
so I need to know if we can do PPT to mother or they have to come back to me first, as the FFL has made appt for mother todo 4473 & dros tomm. but if thats incorrect doj will kick it ,
and i'll be out the $19 IF fee,& out the dros $25x3 fees and $10ea dealer transaction fees and have to repay the fees to file them correct
everyone else makes error and I have to pay for it

[kemasa]

so am i understanding this correct, they have one firearm on consignment & one on power of attorney, both for sale/transfer/storage, and they both require return to me with dros & 4473, then the intra familial takes over ?
or option 2, they can just do the PPT straight over to mother from FFL as either way the dros & 4473 has tobe done? and this way saves the $19 intra familial fee.

Since you are prohibited, the firearms can not be returned to you until you are no longer prohibited. This prevents the use of the intrafamilial form unless there is an exception that I am not aware of in regards to storage.

With the exception of gunsmith work, a return of a firearm from a FFL requires the paperwork to be done (DROS, 4473). I don't know of an exception for storage firearms, but there could be or perhaps not.

They should be able to do the PPT straight to your mother as that is how consignments are done.

I am trying to get this correct so the DOJ does'nt flag the transfer, we unfortunately mom has filed the intra-familial already based on another FFL told her this is how todo it. , so I am confused know
and this is costing way too much of my hard earned $$$, I am so fedup
so I need to know if we can do PPT to mother or they have to come back to me first, as the FFL has made appt for mother todo 4473 & dros tomm. but if thats incorrect doj will kick it ,
and i'll be out the $19 IF fee,& out the dros $25x3 fees and $10ea dealer transaction fees and have to repay the fees to file them correct
everyone else makes error and I have to pay for it

Have you talked to the FFL who has the firearms? If that FFL entered the firearms into their bound book, there has to be paperwork when it leaves their inventory.

There are CA and Federal laws which need to be followed.

There is only one DROS fee for any number of firearms transferred at the same time.

From what you said and what I know, the FFL should be able to do the transfer out as a CA DROS PPT and the 4473 since you said it is basically a consignment. Since this is a consignment, the fees would not really be limited to $10/firearm, but it depends on the agreement that you have in regards to storage and what the FFL wants to charge.

[Veggii]

[QUOTE=kemasa;20142846]Since you are prohibited, the firearms can not be returned to you until you are no longer prohibited. This prevents the use of the intrafamilial form unless there is an exception that I am not aware of in regards to storage.

>>yes there are provision in the 8103 laws for prohibited person to name a designee to facilitate the sale/transfer/storage of firearms until prohibition period is over (typically 5 yrs), so they can leave them in my name at store until prohibition period is over or sale/transfer, prohibited party cannot have access to firearms but does maintains ownership.

With the exception of gunsmith work, a return of a firearm from a FFL requires the paperwork to be done (DROS, 4473). I don't know of an exception for storage firearms, but there could be or perhaps not.

They should be able to do the PPT straight to your mother as that is how consignments are done.

>> this is how the FFL is going todo tomm with mother, most likely the correct way, we just got bad info from the FFL @downrange in regards to doing the intrafamilial with no dros


Have you talked to the FFL who has the firearms? If that FFL entered the firearms into their bound book, there has to be paperwork when it leaves their inventory.
>> I suspect they have not entered the bound book, they have not done anything with them, she said everything still in my name, so legally I suspect she may be able to hand them over to mother after she gets proof of ownership from doj, without dros
I am tired of all of this , so i will pay out more $$$ to dros them to her & have her sell everything. and never again buy any firearm in california
they have bleed me dry, this is just too much ! a $500 firearm has know cost $1200

There are CA and Federal laws which need to be followed.

There is only one DROS fee for any number of firearms transferred at the same time.

From what you said and what I know, the FFL should be able to do the transfer out as a CA DROS PPT and the 4473 since you said it is basically a consignment. Since this is a consignment, the fees would not really be limited to $10/firearm, but it depends on the agreement that you have in regards to storage and what the FFL wants to charge.