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  • GunSlinger1975
    Member
    • Oct 2008
    • 189

    receiving a off roster-pistol

    My mom wants to buy me a pistol as a gift, she is in Missouri and I am in Ca. Can she buy me Springfield XDM and give it to me as gift when she comes to visit? How do we go about the transfer?
    Thanks
  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    Yes she can give it to you as a gift. She can't bring in any magazines over 10-rounds, so any mags would need to brought in as parts kits.

    To facilitate the transfer, you and your mother would need to go to your local FFL, who will log in the handgun from your mother and then DROS it to you as a roster-exempt intrafamily transfer. The FFL can charge whatever fee he wishes to do it.

    No, you cant just fill out an intrafamily form and send it in to CADOJ. To do so would violate federal law.
    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
      GunSlinger1975
      Member
      • Oct 2008
      • 189

      Originally posted by ke6guj
      Yes she can give it to you as a gift. She can't bring in any magazines over 10-rounds, so any mags would need to brought in as parts kits.

      To facilitate the transfer, you and your mother would need to go to your local FFL, who will log in the handgun from your mother and then DROS it to you as a roster-exempt intrafamily transfer. The FFL can charge whatever fee he wishes to do it.

      No, you cant just fill out an intrafamily form and send it in to CADOJ. To do so would violate federal law.
      Thanks,
      that is what i thought but was told by local shop today that mom had to be a resident of CA to transfer it to me...

      can the intrafamily transfer be done with paperwork sent into the DOJ or does it have to go through FFL??

      Comment

      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by GunSlinger1975
        Thanks,
        that is what i thought but was told by local shop today that mom had to be a resident of CA to transfer it to me...
        to be done as a PPT transfer, she would need to be a CA-resident, but it can still be done as a roster-exempt intrafamily transfer throug the FFL.

        can the intrafamily transfer be done with paperwork sent into the DOJ or does it have to go through FFL??
        it HAS to go through a CA FFL, otherwise you are violating federal law. There is no federal intrafamily transfer exemption to the federal requirement that people of different states must use an FFL in the recipient's state 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

        • #5
          GunSlinger1975
          Member
          • Oct 2008
          • 189

          Thanks again.... now after reading your AOW thread i may have to get C@R Ithaca and jump through all the hoops just to do it....

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            well, if you are wanting an AOW, it doesn't need to be C&R, and ATF is no longer approving Form 1s for SBS's made on C&R host guns.
            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

            • #7
              boyzuker
              Member
              • Jan 2009
              • 225

              What family relationships qualify for an intrafamily transfer? Can my uncle give me a gun?

              Comment

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

                grandparent, parent, child, grandchild, thats it. No uncles, cousins, sibliings, etc.
                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

                • #9
                  boyzuker
                  Member
                  • Jan 2009
                  • 225

                  Originally posted by ke6guj
                  grandparent, parent, child, grandchild, thats it. No uncles, cousins, sibliings, etc.
                  Thats what I thought but wasn't, thanks for the quick info

                  Comment

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