INTRAFAMILIAR TRANSFER

[edgerly779]

DOJ rep wrong must go thru ffl in receivers state no other options. It is not ppt.

[1911-CV]

Yep

Edgerly has been spot on with his responses. The two parties residing in different states requires the use of a CA FFL for the transfer (federal requirement). He's also pointed out CA FFL's that know the process and are likely to accept the gun from the Dad on-site.

As others have said, how the gun gets to the FFL depends a lot on what the FFL is comfortable with and how many hoops they are willing to go through if the transfer is denied and the gun has to be returned to the original owner.

Edgerly +1

DOJ rep wrong must go thru ffl in receivers state no other options. It is not ppt.

[HD4Jim]

I wonder if she didn't mention it because it's a federal requirement? I have asked other questions and as soon as the conversation gets into federal territory they won't talk about it. I just found the federal code. Thank you.

[ugimports]

I wonder if she didn't mention it because it's a federal requirement? I have asked other questions and as soon as the conversation gets into federal territory they won't talk about it. I just found the federal code. Thank you.

Typically this is where confusion comes in. CA DOJ doesn't know all the federal stuff.

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[RCxRC]

Plenty of options in OC. I like Ade's in Orange for transfers, which is centrally located. Small family shop, excellent service, very knowledgeable.

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[SkyHawk]

This is exactly what I am saying. If it was a PPT, then yes I 100% agree. Is there a penal code I don't know about, please let me know. I asked my DOJ rep because I didn't know and she told me to have that person go to CFARS. Not to mention there is a form they can fill out and mail in. No FFL required.

The form can only be used if both parties are CA residents. If you file that form otherwise, you are handing the feds a felony case wrapped with a bow - a perfect paper trail.

18 USC 922 (a)(3)
18 USC 922 (a)(5)

https://www.law.cornell.edu/uscode/text/18/922

(a) It shall be unlawful—

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

There is no exception to that federal law for family.

[Tyke8319]

I'm beginning to see where the public gets a whole bunch of misinformation that can lead them into a whole bunch of trouble.

[Librarian]

Ahem.

There is a sticky thread for this question, here in this forum.

[ocardoza]

appreciate all the info and knowledge ... everyone ...

[Hakoomay]

Ocardoza,

Contact ShootSoCal in Fullerton, Dave can help you figure this out. Great guy, and great service.

[HD4Jim]

That was totally my bad. I had no idea about the federal code. I've been told the wrong way by too many people for too long. Didn't see the sticky either. I also appreciate the help.

[Tyke8319]

That was totally my bad. I had no idea about the federal code. I've been told the wrong way by too many people for too long. Didn't see the sticky either. I also appreciate the help.

It's the first "sticky" on the forum list.

[ocardoza]

Thanks again everyone ..and noted on ShootSoCal - Dave ..

[FFLTransferSanJose]

There's differences between IntraState vs Interstate familial transfers.

Any firearm coming outside the state must ship it to an FFL to be DROS for the PPT. INTERstate transfer is exempted the roster only.

On the other hand, INTRAstate familial transfer are exempted from the roster, age requirement (must be 18 y/o or older), 1 in 30 day (some folks will tell you different), 10 day waiting, and DROS not required. You only need to file $19 BOF 4544A which is easier than creating an account with CFARS then filing it there.

INTRAState Familial transfer REQUIRE both parties be California residents. My guess is that the FFL dealer will treat it as an INTERState Familial transfer. Which will require 10day wait, 1 in 30 day applies, and 21 y/o age. However, the feds says that it must be shipped to a FFL dealer not hand delivered so it might be viewed as an illegal transfer but then I'm no lawyer .

Hi I'm sure this has been asked many times , but just need complete clarity as I've gone to 2 FFL's and received different info from both places . here is the question : If my father visits me from out of state (texas) and brings a handgun to me as a gift , can I legally register this handgun to my name ? or
is the only legal way to register this gun have to be shipped from Texas FFL to a CA FFL ? please help and sorry if I'm repeating a question from someone else before me ..

[SkyHawk]

However, the feds says that it must be shipped to a FFL dealer not hand delivered so it might be viewed as an illegal transfer but then I'm no lawyer .

No, they don't say "must be shipped". Following that logic, a non-licensee from one state could never visit a gun show to sell guns in another state.

https://www.atf.gov/firearms/docs/guide/atf-i-530023a-—-important-notice-dealers-and-other-participants-gun-shows/download

GUN SHOW GUIDELINES

Non-Licensed Residents From Another State
- May dispose of personal firearms to any FFL.

And that does not just apply to gun shows, it applies any time. It doesn't matter how the transferer from out of state gets the gun to the FFL so long as it is done legally.

https://www.atf.gov/file/58681/download

BEST PRACTICES: TRANSFERS OF FIREARMS BY PRIVATE SELLERS

An unlicensed individual may complete a transfer to an out-of-State person through the following procedure:

- The unlicensed individual transfers the firearm to a Federal Firearms Licensee (FFL) located in the State of the person receiving the firearm.
- The FFL will transfer the firearm to the unlicensed out-of-State person.
- The FFL will be responsible for lawfully transferring the firearm.
- An unlicensed individual may transfer firearms directly to FFLs operating in any State.