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Another out of state transfer question...Sorry

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  • JimmyB62
    Junior Member
    • Dec 2009
    • 3

    Another out of state transfer question...Sorry

    I've searched and read some on this question but some info seems conflicting so....

    I live in Washington State, my dad lives in CA. I want to give him a Remington 870 shotgun (with 4 round mag). I already bought the gun in WA from a dealer and filled out the 4473 (which is all that's required here).

    Does this transfer need to go through an FFL? What is the procedure? I'd like to give it to him in person when I visit next week if possible.

    From what I read if we both lived in CA there would be no paperwork but since I'm out of state there is?

    Thanks for any help.
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Originally posted by JimmyB62
    I've searched and read some on this question but some info seems conflicting so....

    I live in Washington State, my dad lives in CA. I want to give him a Remington 870 shotgun (with 4 round mag). I already bought the gun in WA from a dealer and filled out the 4473 (which is all that's required here).

    Does this transfer need to go through an FFL? What is the procedure? I'd like to give it to him in person when I visit next week if possible.
    yes, it must go through a CA FFL to satisfy federal law. YOu can either ship it ot the FFL and your father can go in to do the DROS to him. Or, you can bring it down with you and deliver it to the FFL in person, and then your father can do the DROS to him. In either case, it is not considered an PPT transfer, so the dealer may charge any amount he wishes to transfer it to your father. Depending on the dealer, that may range from $25 to $150 plus the $25 state DROS fee.



    From what I read if we both lived in CA there would be no paperwork but since I'm out of state there is?
    correct, if both parties are CA residents, and of immediate family (grandparent, parent, child, grandchild), no paperwork would be required to transfer a long gun. but since the parties are residents of different state, federal law requires you to use an FFL to facilitate the transfer.
    Jack



    Do you want an AOW or C&R SBS/SBR in CA?

    No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

    Comment

    • #3
      Cokebottle
      Señor Member
      CGN Contributor - Lifetime
      • Oct 2009
      • 32373

      Originally posted by ke6guj
      In either case, it is not considered an PPT transfer, so the dealer may charge any amount he wishes to transfer it to your father. Depending on the dealer, that may range from $25 to $150 plus the $25 state DROS fee.
      If it is a gift, would the intrafamilial transfer laws/fees not apply for father/son even with one being out of state?
      - Rich

      Originally posted by dantodd
      A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

      Comment

      • #4
        lorax3
        Super Moderator
        CGN Contributor - Lifetime
        • Jan 2009
        • 4633

        Originally posted by Cokebottle
        If it is a gift, would the intrafamilial transfer laws/fees not apply for father/son even with one being out of state?
        He answered that above.

        From what I read if we both lived in CA there would be no paperwork but since I'm out of state there is?

        Originally posted by ke6guj

        correct, if both parties are CA residents, and of immediate family (grandparent, parent, child, grandchild), no paperwork would be required to transfer a long gun. but since the parties are residents of different state, federal law requires you to use an FFL to facilitate the transfer.
        To reiterate, the interfamilial exemption only applies to CA residents. The only family exemption I am aware of on a federal level that avoids an FFL is a bequest. (Which means the giving party has died)
        You think you know, but you have no idea.

        The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

        Comment

        • #5
          JimmyB62
          Junior Member
          • Dec 2009
          • 3

          Thanks much for the help. Will there still be a 10 day waiting period for him (I'm assuming there will)? It took me a while to find out what DROS meant (but I know now). Thanks again!

          Comment

          • #6
            lorax3
            Super Moderator
            CGN Contributor - Lifetime
            • Jan 2009
            • 4633

            Yes there will be a ten day wait for him.
            You think you know, but you have no idea.

            The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

            Comment

            • #7
              JimmyB62
              Junior Member
              • Dec 2009
              • 3

              Got it. Sorry to clutter things up with a bunch of "thank you's" but I really do appreciate the squared away info here, so..........Thanks Much!

              Comment

              • #8
                ke6guj
                Moderator
                CGN Contributor - Lifetime
                • Nov 2003
                • 23725

                correct, if the son became a CA-resident, then there would no longer be any issues with federal law, so the CA intrafamily transfer law would allow for it, without a DROS needed.
                Jack



                Do you want an AOW or C&R SBS/SBR in CA?

                No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                Comment

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