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  • TRICKSTER
    I need a LIFE!!
    • Mar 2008
    • 12438

    Question about family transfer.

    I am a California escapee currently living in Nevada visiting my daughter in CA who is a
    CA resident. I brought a Springfield Hellcat with me with the intention of gifting it
    to her. With the exception of being off roster, the gun and magazines are CA legal.
    We went to her LGS this afternoon to transfer the gun and we were told that
    they couldn't do the transfer since I was Nevada resident but that all my daughter had to do
    is go on CFARS and fill out the Family transfer form online. Is this correct? I haven't kept up with CA laws since I left?


    Never underestimate the power of stupid people in large groups
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44638

    No, they were NOT correct.

    You seem to be a resident of NV now, or at least not a resident of CA, while your daughter is a resident of CA.

    FedLaw says that's an interstate transfer, and must run through an FFL, and since it's a handgun, must be a CA FFL.

    Since its parent-child, it is intrafamilial, so Roster exempt.

    Find another FFL.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

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    • #3
      TRICKSTER
      I need a LIFE!!
      • Mar 2008
      • 12438

      Originally posted by Librarian
      No, they were NOT correct.

      You seem to be a resident of NV now, or at least not a resident of CA, while your daughter is a resident of CA.

      FedLaw says that's an interstate transfer, and must run through an FFL, and since it's a handgun, must be a CA FFL.

      Since its parent-child, it is intrafamilial, so Roster exempt.

      Find another FFL.
      Thanks that's what I thought.


      Never underestimate the power of stupid people in large groups

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Not all CA FFL dealers know about or how to conduct an out-of-state intra-familial gift transfer.

        So, finding a CA FFL dealer that knows how to do this is the first step that needs to be done for this to accomplished in accordance with all Federal and CA laws.
        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

        • #5
          M1NM
          Calguns Addict
          • Oct 2011
          • 7966

          How long ago did you escape? What ties do you have to CA? Property ownership, car registered here, registered to vote (did you specifically cancel it)? There are lots of reasons CA may still consider you a resident which would mean an off roster gun won't be able to be transferred.
          Fed law does require it be delivered through a CA FFL. It is not a PPT even if you are both there since only she is a CA resident. You'll need to pay the FFL his receiving fee ($25-150 - pays to shop around). It can be shipped to the FFL or you can hand deliver it - again his rules will prevail. There will be a DROS fee and 10 day wait. If she is married have her bring her birth certificate along showing her maiden name to settle family question.

          Comment

          • #6
            TRICKSTER
            I need a LIFE!!
            • Mar 2008
            • 12438

            Originally posted by M1NM
            How long ago did you escape? What ties do you have to CA? Property ownership, car registered here, registered to vote (did you specifically cancel it)? There are lots of reasons CA may still consider you a resident which would mean an off roster gun won't be able to be transferred.
            Fed law does require it be delivered through a CA FFL. It is not a PPT even if you are both there since only she is a CA resident. You'll need to pay the FFL his receiving fee ($25-150 - pays to shop around). It can be shipped to the FFL or you can hand deliver it - again his rules will prevail. There will be a DROS fee and 10 day wait. If she is married have her bring her birth certificate along showing her maiden name to settle family question.
            Left a little over a year ago. Still own a couple of pieces of land in CA that are for sale but all DMV, voting info and primary residence for tax purposes are in Nevada and all of the appropriate CA State and county agencies were notified.


            Never underestimate the power of stupid people in large groups

            Comment

            • #7
              weekend_fun
              Senior Member
              • Dec 2012
              • 1836

              Op per the insights above, standard process for an ffl to process.

              You could go back to your initial ffl,
              And ask they call the doj helpdesk. There's a simple process and support docs
              ==================================
              Do you know someone who wants to buy or sell a house? I'm a CA RE Broker; please let me know how I can help?

              Comment

              • #8
                XxWoodsHunterxX
                Senior Member
                • Nov 2009
                • 1698

                Originally posted by TRICKSTER
                I am a California escapee currently living in Nevada visiting my daughter in CA who is a
                CA resident. I brought a Springfield Hellcat with me with the intention of gifting it
                to her. With the exception of being off roster, the gun and magazines are CA legal.
                We went to her LGS this afternoon to transfer the gun and we were told that
                they couldn't do the transfer since I was Nevada resident but that all my daughter had to do
                is go on CFARS and fill out the Family transfer form online. Is this correct? I haven't kept up with CA laws since I left?

                Unfortunately you found the bad apple in the bag of ffls. Not everyone cares to do their homework when starting a business


                Sent from my iPhone using Tapatalk

                Comment

                • #9
                  1911-CV
                  Senior Member
                  • Apr 2018
                  • 624

                  Where are you in CA?

                  If you tell us where you are visiting in CA we may be able to recommend an FFL who knows what they are doing.

                  Comment

                  • #10
                    TRICKSTER
                    I need a LIFE!!
                    • Mar 2008
                    • 12438

                    Originally posted by 1911-CV
                    If you tell us where you are visiting in CA we may be able to recommend an FFL who knows what they are doing.
                    Grass Valley.


                    Never underestimate the power of stupid people in large groups

                    Comment

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