So Cal Interfamilial transfer

[NoFingerprintz]

Are there any FFL's willing to do an out of state interfamilial transfer? My mom would like to gift me an off roster gun. She lives in Arizona.

I'm in Burbank but willing to drive if needed.

[Quiet]

IMO...
Contact 2A Zone in Upland or RifleGear in Fountain Valley.

[caleb_pa2ca]

Artemis Defense Institute does mine. They?re located in Lake Forest and also have a decent training program. Very friendly staff!


Sent from my iPhone using Tapatalk

[NoFingerprintz]

Thank you!!!

[tenpercentfirearms]

Westside Arms in Taft, CA will do it, but that is a haul.

[Mp5marley]

How many gifts per transaction? and how often are you allowed?

[Quiet]

How many gifts per transaction? and how often are you allowed?

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)]

AFAIK...
In addition, effective 01-01-2024, there is no intra-familial exemption to the 1 in 30 day wait for firearms transferred through a CA FFL dealer. [PC 27535(b)]
Note that effective 01-01-2025, only operation of law and intra-familial transfers that meet specific requirements will be exempt from the 1 in 30 day wait for firearms transferred through a CA FFL dealer. [PC 27535(b)(9)]


Therefore...

It appears that less than six out-of-state intra-familial transfers can be legally conducted from the same out-of-state immediate family member and each transfer is limited to 1 firearm per 30 days.



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.

Penal Code 27535
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a firearm when the person's firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any firearm to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall remain in effect until January 1, 2025, and as of that date is repealed.

Penal Code 27535
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any private party transaction where the seller is, at the time of the transaction, required under state law or by court order to relinquish all firearms.
(9) Any private party transaction where the seller is any of the following:
(A) The personal representative of a decedent's estate who is transferring the firearms to one or more heirs or beneficiaries of the decedent's estate pursuant to the decedent's will or the laws of intestate succession.
(B) The holder of the decedent's property who is transferring the firearms pursuant to Section 13101 of the Probate Code to the successor of the decedent, as defined in Section 13006 of the Probate Code, or to the surviving spouse of the decedent pursuant to Section 13500 of the Probate Code.
(C) The trustee of a trust who is transferring the firearms to one or more trust beneficiaries upon the death of a settlor of the trust.
(10) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(11) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(12) The replacement of a firearm if the person's firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(13) The return of any firearm to its owner.
(14) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on January 1, 2025.

[edgerly779]

Ask guns direct or burbank guns for fees. Golden State firearms in azusa is cheapest around valley. Or roght to bear arms all are in or near burbank not 50 miles away

[Mp5marley]

further confused according to CA DOJ,

Hi Q,
My FFL said 1 in 30 is exempt for ppt. I looked up that same code on CA DOJ website.
Appreciate all your research. i think either CA DOJ website is out of date or they are not enforcing 1 in 30. i don't want to find out the hard way.

FROM CA DOJ FAQ #18

https://oag.ca.gov/firearms/dlrfaqs#18G

Please let's keep the positive and helpful convo going

Are there a maximum number of handguns that a person may purchase?
Yes. A person is generally limited to making no more than one application to purchase a handgun within any 30-day period. Handgun transactions related to law enforcement, private party transfers, returns to owners, and other specified circumstances are exempt from the one-handgun-per-30-day restriction.

(Pen. Code, ? 27535)

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)]

AFAIK...
In addition, effective 01-01-2024, there is no intra-familial exemption to the 1 in 30 day wait for firearms transferred through a CA FFL dealer. [PC 27535(b)]
Note that effective 01-01-2025, only operation of law and intra-familial transfers that meet specific requirements will be exempt from the 1 in 30 day wait for firearms transferred through a CA FFL dealer. [PC 27535(b)(9)]


Therefore...

It appears that less than six out-of-state intra-familial transfers can be legally conducted from the same out-of-state immediate family member and each transfer is limited to 1 firearm per 30 days.



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.

Penal Code 27535
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a firearm when the person's firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any firearm to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall remain in effect until January 1, 2025, and as of that date is repealed.

Penal Code 27535
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any private party transaction where the seller is, at the time of the transaction, required under state law or by court order to relinquish all firearms.
(9) Any private party transaction where the seller is any of the following:
(A) The personal representative of a decedent's estate who is transferring the firearms to one or more heirs or beneficiaries of the decedent's estate pursuant to the decedent's will or the laws of intestate succession.
(B) The holder of the decedent's property who is transferring the firearms pursuant to Section 13101 of the Probate Code to the successor of the decedent, as defined in Section 13006 of the Probate Code, or to the surviving spouse of the decedent pursuant to Section 13500 of the Probate Code.
(C) The trustee of a trust who is transferring the firearms to one or more trust beneficiaries upon the death of a settlor of the trust.
(10) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(11) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(12) The replacement of a firearm if the person's firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(13) The return of any firearm to its owner.
(14) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on January 1, 2025.

[Quiet]

Hi Q,
My FFL said 1 in 30 is exempt for ppt. I looked up that same code on CA DOJ website.
Appreciate all your research. i think either CA DOJ website is out of date or they are not enforcing 1 in 30. i don't want to find out the hard way.

FROM CA DOJ FAQ #18

https://oag.ca.gov/firearms/dlrfaqs#18G

Please let's keep the positive and helpful convo going

Are there a maximum number of handguns that a person may purchase?
Yes. A person is generally limited to making no more than one application to purchase a handgun within any 30-day period. Handgun transactions related to law enforcement, private party transfers, returns to owners, and other specified circumstances are exempt from the one-handgun-per-30-day restriction.

(Pen. Code, ? 27535)

Where in the CA DOJ FAQ and in Penal Code 27535 does it show that intra-familial transfers are exempt from the 1 in 30 day wait?