Interstate / Intrafamiliar Off Roster Question

[Librarian]

Here's my question:
If my son lives in another state but is moving back to California and wants to gift me an off roster gun, does he first have to register the firearm using the New Resident Report of Firearm Ownership then I submit the Intra-Familial Firearm Transaction form? Or, can I just take possession of the firearm and then submit the Intra-Familial Firearm Transaction form and not bother with the New Resident form?

I would suggest he moves here, registers guns as New Resident, then pass the one to you as intrafamilial.

PC 27560 suggests the move, then transfer should work:

(2) Sell or transfer the firearm in accordance with the
provisions of Section 27545 or in accordance with the provisions
of an exemption from Section 27545.

is an option instead of registering. These days, even following the law as written seems to have peril.

[KimE65]

[KimE65]

@325inthe510 - I have no plans on selling this off roster gun.

[Gryff]

Mud? Cement.

Here's my conclusion and understanding (from within the cement)(librarian...please offer corrections...)

1. A linear family member (grandfather - father - son... as opposed to lateral family member such as cousins, aunts, uncles...) may gift an off roster handgun to a California resident BUT IT MUST BE DONE THROUGH AN FFL.

2. Either the out of state party has the firearm sent to a California FFL, or brings it personally to the California FFL, for the transfer. The recipient in California can't just bring it in on his own; the out of state owner must be present to prove they are out of state at the FFL.

3. The out of state person can send it himself or herself, but it depends on the FFL in California as to whether they will receive a gun from a private party or whether they only accept from another FFL from out of state. Also - there is a question as to whether a non-licensed person can walk into FedEx or UPS or USPS and ship a firearm on their own.

4. There is a 10-Day waiting period.

5. The transaction is subject to the 1:30 rule (Penal Code Section 27535)

6. The Giftor must include a LETTER OF GIFT stating that they are over 21, giving it to someone over 21, they are out of state, they are the legal owner of the firearm, and that no consideration was paid by the California recipient for the gift. Some FFL's require that the letter be NOTARIZED. The letter must include a copy of BOTH SIDES of the out of state Driver's license; the letter must include identifying information for the firearm (brand, model, caliber, serial number).

I'm sure that there are other issues - i.e., if both giftor an giftee are California residents, they can simply send in the DOJ form with a $19 fee, but that is a different issue (Penal Code Section 27875, exemptions from using a dealer for private party transactions). The analysis above would apply to INTRAFAMILY and INTERSTATE transactions.

Yeah - clear as cement.

And note that the California FFL isn't limited to the $35 PPT fee, since this is not legally a PPT in the eyes of the state. They can charge whatever fee they usually charge for an Internet transfer.

[underpressure]

Intrerfamilial transfer

I'm not as well versed in current law as others on this board so would like clarification to my findings if possible.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2016.pdf

In the pdf included, titled "California Firearms Laws Summary" written by Kamala D. Harris, it would seem and I can be totally mistaken but my understanding is that with Interfamilial transfer the only requirement necessary is the Firearm Safety Certificate. Starting on page 5 of said pdf goes over the legal transfer and or requirements necessary. On page 7 there is an illustration of what is and isn't required. Page 6 covers the off-roster issue and states that under penal code 32000 that ppts, interfamilial and pawn/consignment transfers are all exempt. On page 7 it states that pen code 27540 that the 1 in 30 day is exempt as well. Page 5 also goes over the requirement for an FFL is not necessary either during an infrequent interfamilial transfer.

So after reading through that, my conclusion is that the only requirement for the infrequent interfamilial transfer of roster/non-roster handgun is that the transferee needs to have a valid and or current Firearm Safety Cert and also to fill out the Report of Operation of Law or Interfamilial Firearm Transaction BOF 4544A form within 30 days of taking possession either through mail or electronically on their website.

I was quite surprised to find this and would like clarification if I am interpreting this wrongly.

Thanks for looking at this.

For clarification, page numbers mentioned are not actual document page numbers but pdf pages when scrolling doc if that makes sense.

[Gryff]

I'm not as well versed in current law as others on this board so would like clarification to my findings if possible.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2016.pdf

In the pdf included, titled "California Firearms Laws Summary" written by Kamala D. Harris, it would seem and I can be totally mistaken but my understanding is that with Interfamilial transfer the only requirement necessary is the Firearm Safety Certificate. Starting on page 5 of said pdf goes over the legal transfer and or requirements necessary. On page 7 there is an illustration of what is and isn't required. Page 6 covers the off-roster issue and states that under penal code 32000 that ppts, interfamilial and pawn/consignment transfers are all exempt. On page 7 it states that pen code 27540 that the 1 in 30 day is exempt as well. Page 5 also goes over the requirement for an FFL is not necessary either during an infrequent interfamilial transfer.

So after reading through that, my conclusion is that the only requirement for the infrequent interfamilial transfer of roster/non-roster handgun is that the transferee needs to have a valid and or current Firearm Safety Cert and also to fill out the Report of Operation of Law or Interfamilial Firearm Transaction BOF 4544A form within 30 days of taking possession either through mail or electronically on their website.

I was quite surprised to find this and would like clarification if I am interpreting this wrongly.

Thanks for looking at this.

For clarification, page numbers mentioned are not actual document page numbers but pdf pages when scrolling doc if that makes sense.

Your reading is based entirely on the process for when both family members are California residents. The process is dramatically different when the giver lives out of state (which is the point of this thread).

In inter-state transfers, Federal law becomes applicable (must go through an FFL). Because it goes through an FFL, California views it differently, although you do retain the benefit of the roster not being applicable.

[kemasa]

The title of this thread is interstate. Federal law requires that the transfer of a firearm between residents of two different states go through a FFL in the state of residence of the recipient.

What you read is only correct when both parties are residents of CA. Details matter.

[acespawnshop]

The title of this thread is interstate. Details matter.

Ah, the old interstate/intrastate confusion.

[underpressure]

When things appear too good to be true......

Good to know and thanks for the clarification.