Interstate family transfer question

[996pilot]

I have been researching this topic but I am not clear on one thing. My father lives in New Mexico and has a Taurus PT 1911 and a Taurus model 738 that he wants me to have.

So far from what I have read I will need to go to an FFl and have them do an interstate family transfer. This will exempt the 738 because it is not on the CA approved list and the 1911 is OK because I can buy one here.

While I was reading someone stated that if my Father drove to CA and give me the firearms I could just file the form I can't find the number right this second, and send my $19 to the feds and the firearms will be mine after I get the comformation. Is this correct? No need to involve an FFL if the guns are not shipped in to the state?

If I do need a FFL anyone close to fairfield that is willing to perform the task?

[996pilot]

Well I guess I would have to transfer both of them as the 1911 is not on the list either. This state is a pain.

[ke6guj]

I have been researching this topic but I am not clear on one thing. My father lives in New Mexico and has a Taurus PT 1911 and a Taurus model 738 that he wants me to have.

So far from what I have read I will need to go to an FFl and have them do an interstate family transfer. This will exempt the 738 because it is not on the CA approved list and the 1911 is OK because I can buy one here.

not sure what you mean by exempt the 738. Do you mean tht even though the 738 is off-roster, by doing an intra-family transfer through an FFL, it is a roster-exempt transfer. If so, YES.

While I was reading someone stated that if my Father drove to CA and give me the firearms I could just file the form I can't find the number right this second, and send my $19 to the feds and the firearms will be mine after I get the comformation. Is this correct? No need to involve an FFL if the guns are not shipped in to the state?

Doesn't matter how the guns get into the state, as long as they are coming from a non-licensed individual of one state, and going to a non-licensed individual of another state, you must use an FFL to facilitate the transfer. There is no federal intrafamily exemption. And you can't just fill out a form and send it to CADOJ or the feds with $19 and make it legal.

[996pilot]

Yes since the 738 is not on the roster an interfamily transfer will allow it to be registered in CA. Being that the 1911 is not on the list as well then the transfer will be OK as it is inter family.

As to the form I spoke of it is this form "Report of Operation of Law or Intra-Familial Handgun Transaction"
This is the link ag.ca.gov/firearms/forms/pdf/oplaw.pdf

So this must be if both the father and son are CA residents? It doesn't state that, so that's why I'm confused.

[ke6guj]

Yes since the 738 is not on the roster an interfamily transfer will allow it to be registered in CA. Being that the 1911 is not on the list as well then the transfer will be OK as it is inter family.

correct. If neither handgun is on the roster, in order to receive it, you would need to receive it in a roster-exempt transfer, such as an intra-family transfer.

As to the form I spoke of it is this form "Report of Operation of Law or Intra-Familial Handgun Transaction"
This is the link ag.ca.gov/firearms/forms/pdf/oplaw.pdf

So this must be if both the father and son are CA residents? It doesn't state that, so that's why I'm confused.

yes, that form only deals with CA law, not federal law. The form does not explain that it does not comply with federal law and it has been said that when CADOJ talks about it, they don't consider federal law in their answer. In addition to that, some/many dealers in CA will tell you to just fill out the form as well, not realizing that the a direct transfer from the out-of-state family member violated federal law and that filing that intrafamily form does not deal with the federal violation.

[996pilot]

OK, that answers that. Thank you for your time. Now I will hunt for someone to do my transfer. Thanks again.

[ugimports]

OK, that answers that. Thank you for your time. Now I will hunt for someone to do my transfer. Thanks again.

Not sure where you live, but we handle these @ UG Imports in Fremont. Standard transfer fees apply.

[kemasa]

There is a thread which talks about this issue and lists many of the FFL who do such transfers (some are not aware that it is legal nor how to do it).

http://www.calguns.net/calgunforum/showthread.php?t=245735

CA does not enforce Federal law, so they don't really care or even know what the Federal law is in many cases.

There is also the 1 gun per 30 days which you will have to deal with.

[996pilot]

kemasa
That is the thread I was reading before I posted this question. I did find someone to do the transfer and it doesn't seem as if he knows what he is doing. But I'm not an FFL so if he'll do it I'll go there. Thanks to all

[kemasa]

You might refer him to that thread if he has any questions.