Interstate intrafamilial transfer limit

[eric_9njbe2bl0]

Hey Guys,

Is there a limit to how many firearms (handguns) a father from out-of-state can gift to a child? I've received three different pieces of information from employees at a specific local FFL.

I'm aware that in California, PPT is limited to 5 occurrences or 50 firearms. However, my understanding is that this limitation applies to intrastate sellers. Two of the three employees suggested that the same will apply to recipients like me.

I hope someone can clarify.

Thanks.

[CAL.BAR]

An interfamilial transfer is not the same as a PPT, and thus not subject to the same limitations. I have not come across any CA or Federal Law that limits the number of guns allowed to be GIFTED by one family member to another (provided all other State and Federal regulations are complied with.

[eric_9njbe2bl0]

An interfamilial transfer is not the same as a PPT, and thus not subject to the same limitations. I have not come across any CA or Federal Law that limits the number of guns allowed to be GIFTED by one family member to another (provided all other State and Federal regulations are complied with.

Thanks, that's what I figured. The FFL kept reiterating "infrequent" and "occasional", but from everything I've read, that solely applies to private transfers within California, but I have no such interest in doing so.

Looks like I need to find a new local FFL..

CPRA PDF

https://crpa.org/wp-content/uploads/2020/10/Info-Bulletin-Interstate-Intra-Familial-Transfers.pdf#:~:text=The%20person%20sells%2C%20leases%2C%20or%20transfers%20no%20more,transactions%20involve%20more%20than%2050%20firearms%20in%20total.15#:~:text=The%20person%20sells%2C%20leases%2C%20or,15

[Nardo1895]

Just a point of clarity. The 5/50 limit applies to selling firearms in CA without a FFL. There is no limit on how may receiving PPTs or firearms you can do in CA.

[edgerly779]

Find another ffl.

[HPT]

As long as it is five or fewer gifts per year you are all good, each gift can be one single gun or 10 guns, it doesn't matter.

[Quiet]

CA laws requires intra-familial transfers to be infrequent. [PC 27875(a)(1)]

In order for a CA legal off-Roster handgun to be eligible for the out-of-state intra-familial transfer exemption to CA unsafe handgun laws, the transfer must also be infrequent. [PC 32110(b)]



Penal Code 32110
Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545.

Penal Code 27875
(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.

Penal Code 16730
(a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, "infrequent" means both of the following are true:
(1) The person conducts less than six transactions per calendar year.
(2) The person sells, leases, or transfers no more than 50 total firearms per calendar year.
(b) As used in this section, "transaction" means a single sale, lease, or transfer of any number of firearms.