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Interstate Xfer, or is it?

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  • godsend1
    Junior Member
    • Sep 2020
    • 3

    Interstate Xfer, or is it?

    I have gifted my adult child with a SA XD duty 9mm.

    I maintain residence in GA, the adult child lives and works in CA, but maintains a residence in GA, only has GA DL, No CA DL or ID.

    The child will fly into CA with their firearm.

    What if any actions are needed to keep the firearm/child legal in CA?

    I have read and understood the CA RULES, BOF 4445A for CA law. FFL xfer in CA for Federal law.
    A Georgia citizen living temporarily in CA bringing a firearm into CA?
  • #2
    edgerly779
    CGN/CGSSA Contributor
    CGN Contributor
    • Aug 2009
    • 19871

    Where does he pay taxes? Grey area. Depends on what entity considers him ca resident. Lots of posts on this.Likely he can visit but not register here.

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    • #3
      edgerly779
      CGN/CGSSA Contributor
      CGN Contributor
      • Aug 2009
      • 19871

      To be safe ship to ca ffl as interstate intrafamilial. transfer.

      Comment

      • #4
        Milsurp1
        Veteran Member
        • Aug 2016
        • 3091

        Comment

        • #5
          SkyHawk
          I need a LIFE!!
          • Sep 2012
          • 23518

          What state your ID is issued from does not determine residency. Say that ten times.

          If your son lives in CA and CA can consider him a resident for any purpose, he cannot bring firearms here that he acquired out of state without shipping them to a CA FFL for DROS first, and the roster applies.

          The penalty for getting it wrong is a felony if a handgun is involved.
          Click here for my iTrader Feedback thread: https://www.calguns.net/forum/market...r-feedback-100

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          • #6
            godsend1
            Junior Member
            • Sep 2020
            • 3

            Originally posted by edgerly779
            To be safe ship to ca ffl as interstate intrafamilial. transfer.
            Will a Georgia DL with a Georgia address be sufficient to receive the firearm in CA?

            Comment

            • #7
              ronlglock
              CGN/CGSSA Contributor
              CGN Contributor
              • May 2011
              • 2670

              Originally posted by edgerly779
              To be safe ship to ca ffl as interstate intrafamilial transfer.
              Cannot transfer. "Son has no CA DL or ID." But it seems to me that if no one is a CA resident (this is key to the situation!) that there is no problem bringing in the firearm as a visitor after it is transferred in GA, right?
              sigpic

              NRA/USCCA/DOJ instructor, NRA CRSO, Journalist

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              • #8
                godsend1
                Junior Member
                • Sep 2020
                • 3

                Originally posted by ronlglock
                Cannot transfer. "Son has no CA DL or ID." But it seems to me that if no one is a CA resident (this is key to the situation!) that there is no problem bringing in the firearm as a visitor after it is transferred in GA, right?
                I have been seeing information that supports that, since they are a non resident, there is no mechanism for transferring.

                Also, in GA no transfer required between private parties.

                Comment

                • #9
                  Quiet
                  retired Goon
                  • Mar 2007
                  • 30242

                  Originally posted by godsend1
                  I have gifted my adult child with a SA XD duty 9mm.

                  I maintain residence in GA, the adult child lives and works in CA, but maintains a residence in GA, only has GA DL, No CA DL or ID.

                  The child will fly into CA with their firearm.

                  What if any actions are needed to keep the firearm/child legal in CA?

                  I have read and understood the CA RULES, BOF 4445A for CA law. FFL xfer in CA for Federal law.
                  A Georgia citizen living temporarily in CA bringing a firearm into CA?
                  Since the child lives and works in CA, CA considers the child to be a CA resident. [VC 12505(a)(1)(D)]

                  CA laws prohibits a CA resident from importing a firearm they acquired while out-of-state unless it is imported through a CA FFL dealer. [PC 27585(a)]
                  Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)].

                  Firearms imported into CA need to be CA legal and if the firearm is a handgun, then it needs to be listed on the Roster of Handguns Certified for Sale or be exempt from it.
                  Last edited by Quiet; 09-24-2020, 6:25 PM.
                  sigpic

                  "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                  Comment

                  • #10
                    ugimports
                    Vendor/Retailer
                    • Jun 2009
                    • 6250

                    "Lives in CA" needs a better definition from the OP. I knew several consultants that used to do long term gigs in CA. They "lived" here in a corporate apartment Mon-Fri and went home to Florida on the weekends.

                    Depending on how "living" here the son is may help to clarify the situation. The wording the OP is using leads all of us to make lots of assumptions.

                    For example "maintains a residency" in GA sounds like he may just own it and rent it out. Or own it and it sits vacant. Or own it and is living it it every weekend when he flies home if he doesn't choose to stay a weekend in CA.

                    Anyway that's my non lawyer 2 cents.
                    UG Imports - Fremont, CA FFL - Transfers, New Gun Sales
                    Closure Schedule: http://ugimports.com/closed
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