Intrafamilial transfer+Interstate

[Dieppe42]

Read the sticky by Librarian but still have a dumb question.

Daughter is student and resident in Texas (from CA).

She wants to gift me off-roster handgun. Can I bring it back to CA when I visit, and DROS in CA, or does it need to ship from TX to FFL here?

Thanks in advance.

Dieppe42

[SkyHawk]

It has to ship from Texas to a FFL here

[Quiet]

Daughter is student and resident in Texas (from CA).

She wants to gift me off-roster handgun. Can I bring it back to CA when I visit, and DROS in CA, or does it need to ship from TX to FFL here?

Federal laws prohibits the transfer of firearms between residents of different States unless an FFL is involved. [18 USC 922(a)(3),(5)]

Federal laws prohibits a FFL from transferring a firearm to a non-resident with the exemption of if the firearm is a Title 1 Rifle or Title 1 Shotgun and the transfer complies with the States laws of the FFL and the non-resident. [18 USC 922(b)(3)]

Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

There are gift or intra-familial transfer exemptions to the Federal laws.

CA laws prohibits a CA resident from importing a firearm they acquired in another State into CA, unless it is done through a CA FFL dealer. [PC 27585(a)]

Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun or a felony per handgun. [PC 27590(a),(c)(7)]

Therefore, in order to be legal under Federal and CA laws...

The firearm needs to be CA legal and can not include any large capacity magazines or large capacity magazine parts kits.
^CA legal = not a prohibited weapon (assault weapon, SBR, SBS, etc).

1. You find a CA FFL dealer that knows about and is willing to conduct an out-of-state intra-familial gift transfer.
2. Your daughter ships the firearm, with a gift letter and a copy of her TX DL, to that CA FFL dealer.
3. That CA FFL dealer transfers (4473/DROS/10 day wait) the firearm to you.

If you go to TX and she gives you the handgun while you are there, then both of you will be committing Federal felonies.
If you then return to CA with that handgun, you will then be committing an additional CA felony.

[edgerly779]

No way can you transport it to here to ffl. She can visit and bring it and accompany you to ffl. She can ship to ffl with gift letter with her info. You need to locate ffl here that will do interstate intrafamilial transfer.

[Dieppe42]

Thanks for the guidance. No intent to duck any law on my part or get her in trouble for sure.

I was aware she could bring it here, but chances are I will see her in Tx first. May be moot, not sure there are any Gen5 19's in stock anyways.......yet.

[Librarian]

Read the sticky by Librarian but still have a dumb question.

Updated the sticky for this answer.

Not a 'dumb' question, just have to be taught the answer, because it is not at all obvious.

[Dieppe42]

Updated the sticky for this answer.

Not a 'dumb' question, just have to be taught the answer, because it is not at all obvious.

Thank you Sir!