Inter-family gift

[SV92064]

Daughter lives in Virginia. I live in California. She would like to give me a gift of a 43X. I'm trying to help her figure out easiest options to make it smooth and time efficient and would appreciate guidance. We know it must be shipped to FFL in CA and go through Cali nonsense. But wondering a few things: Q1 could she as VA resident place an online order with a CA FFL/dealer (of course providing ID and gift letter)? Q2 Could she order online from one of the big sites and have them ship directly to CA FFL (again providing her ID and gift letter)? Q3 If neither of those are options can she buy locally and ship it herself to CA FFL with the necessary paperwork? (Have read conflicting info re ability for a non FFL to ship handgun) Needless to say if there's another option I'm overlooking I'm all ears. Thanks in advance for input.

[9Cal_OC]

No
No
Yes but depends on receiving CA FFL.

[Garv]

Where are you located?

We have some good FFLs that know the process.

[SV92064]

I am in SD area.

[KSH]

She needs to buy it and bring it next time she gets on a plane, no CA ffl required.

Fill out the form and send it in. Done.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

Or compete the form and then go visit her and bring it back.

[Quiet]

Daughter lives in Virginia. I live in California. She would like to give me a gift of a 43X. I'm trying to help her figure out easiest options to make it smooth and time efficient and would appreciate guidance. We know it must be shipped to FFL in CA and go through Cali nonsense. But wondering a few things:

Q1 could she as VA resident place an online order with a CA FFL/dealer (of course providing ID and gift letter)?

Q2 Could she order online from one of the big sites and have them ship directly to CA FFL (again providing her ID and gift letter)?

Q3 If neither of those are options can she buy locally and ship it herself to CA FFL with the necessary paperwork? (Have read conflicting info re ability for a non FFL to ship handgun) Needless to say if there's another option I'm overlooking I'm all ears. Thanks in advance for input.

Q1. No.
She does not legally own the firearm, so this type of transfer does not qualify for an exemption to the Roster.

Q2. No
See Q1.

Q3. Yes, but the receiving FFL dealer can refuse it due to their policy on transfers/shipping.

It is vital that you find a CA FFL dealer that knows about and is willing to conduct an out-of-state intra-familial gift transfer and will accept a shipment from an individual.

Once you do, then your daughter can ship her pistol that she is gifting to you to that CA FFL dealer, who will then transfer (4473/DROS/10 day wait) it to you. She will need to include a copy of her valid State DL/ID and a gift letter with the firearm.

She needs to buy it and bring it next time she gets on a plane, no CA ffl required.

Fill out the form and send it in. Done.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

Or compete the form and then go visit her and bring it back.

Doing this causes both the CA parent and VA child to commit Federal felonies.

Since 1968, Federal laws have prohibited the transfer of firearms between residents of different States without the use of a FFL. [18 USC 922(a)(3),(5)]
There is no intra-familial or gift exemptions to these Federal laws.
There is a bequeath exemption, but it requires the giver to be deceased and the recipient to be named in the decedent's will as the receiver of the firearm. [18 USC 922(a)(3)(A),(5)(A)]
Failure to utilize a FFL for the transfer equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

The CA Report of Intra-Familial Firearm Transaction is only legal between CA residents that are in a grandparent-parent-child-grandchild relationships and, if used for an out-of-state transfer, simply documents the violations to Federal laws making it easier for the Feds to prosecute everyone involved with the transfer.

[edgerly779]

KSH wants OP and daughter to be brig bunnies. He should not give advice. This had been posted on hundreds of times. I shipped 5 long guns to an ffl in New York for a son of a friend who is passing away. I put copies of their id and letter stating intrafamilial interstate transaction.

[Nardo1895]

Quiet's response is spot on. The only thing I'd add is that your daughter can legally ship a handgun to a CA FFL willing to accept it. However, finding a shipper willing to do it is another matter. She can't legally ship a handgun via USPS, only a dealer can. The law allows her to ship UPS or FedEx but I know FedEx won't do it and I'm not sure UPS will either. Also, not all FFLs will accept a shipment from a private party. Some will only accept a gun from another dealer.

There are third parties who will ship a gun for her. "Ship My Gun" and "Pirateship" are a couple. Her best bet would probably be to have the FFL she buys it from ship it to a CA dealer. AFTER she takes possession. Any FFL can do that but she might get a better price from the FFL she purchased it from.

Last thing. It has to be a gift. If you send her money for it, its a straw purchase. Hard to prove maybe, but still an issue.