Can a regular guy / non FFL check a DROS?

[jerdog3]

I don't even know how to word this, but my wife is applying for her CCW here in LA and on the LASD website it says

- In addition, the caliber of the firearms must all match on all paperwork (AFS, DROS, Shooting Proficiency Standards form and Certificate of Completion and DOJ).
- Failure to provide correct information will delay issuance of your CCW License.

I sent in the Intra-Familial Firearm Transfer document but have never heard back. Is there a way I can find out if the transfer went through or completed? I guess I can contact the DOJ, but I'm of the mind that if I don't have to speak to the government, I'm not going to. So, do I have to? haha.

Thanks for any info.

jerdog3

[9Cal_OC]

How long ago did you submit the form?

[Quiet]

I don't even know how to word this, but my wife is applying for her CCW here in LA and on the LASD website it says

- In addition, the caliber of the firearms must all match on all paperwork (AFS, DROS, Shooting Proficiency Standards form and Certificate of Completion and DOJ).
- Failure to provide correct information will delay issuance of your CCW License.

I sent in the Intra-Familial Firearm Transfer document but have never heard back. Is there a way I can find out if the transfer went through or completed? I guess I can contact the DOJ, but I'm of the mind that if I don't have to speak to the government, I'm not going to. So, do I have to? haha.

Thanks for any info.

jerdog3

Legally...
1. A spouse to spouse transfer is not considered an intra-familial transfer and is considered an operation of law transfer [PC 27920(a)(2)].
2. The spouse that received the firearm is the person that is responsible for reporting the operation of law transfer. [PC 27920(a)(2)(A)]
3. The spouse that transferred the firearm has no legal method for checking the status of the transfer because that spouse is no longer the legal owner of the firearm.
4. CA DOJ BOF is not legally required to process a Report of Operation of Law Transaction or Report of Intra-Familial Transaction within a specific amount of time.

If the Report of Operation of Law Transaction was submitted via CFARS-CRIS, then its status can be checked (incomplete, processing, or completed) in the sender's account transaction history log.

If the Report of Operation of Law Transaction was mailed in, then there is no method to check its status.
^In the past, CA DOJ BOF would reject any incomplete reports and any incorrect reports sent to them. CA DOJ cashing in payment of the report was the only method to determine if they actually accepted the report.

Post-2020, CA DOJ BOF will send an acknowledgement letter approximately 12-24 months after they cash in the payment of the report.
^AFAIK, the current average reported time is around 18 months.



Penal Code 27920
(a) Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met:
(2) If the person taking title or possession is receiving the firearm pursuant to subdivision (g), (h), (l), or (q) of Section 16990, the person shall do both of the following:
(A) Within 30 days of taking possession, 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 or possession was obtained and from whom, and a description of the firearm in question.
(B) Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented.

Penal Code 16990
As used in any provision listed in subdivision (a) of Section 16585, the phrase
"a person taking title or possession of a firearm by operation of law" includes, but is not limited to, any of the following instances in which an individual receives title to, or possession of, a firearm:
(g) A transmutation of property consisting of a firearm pursuant to Section 850 of the Family Code.

Family Code 850
Subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following:
(a) Transmute community property to separate property of either spouse.
(b) Transmute separate property of either spouse to community property.
(c) Transmute separate property of one spouse to separate property of the other spouse.