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Yet Another Interfamilial Question.

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  • oso grande
    Senior Member
    • Jun 2008
    • 869

    Yet Another Interfamilial Question.

    What form of ID does the DOJ require from the out of state party?
    Thanks,

    Oso Grande
  • #2
    kemasa
    I need a LIFE!!
    • Jun 2005
    • 10706

    Care to be more specific?

    If I am guessing correctly at your question, the answer is that the DOJ really does not require ID from the out of state party in a Interfamilial transfer, but the FFL does. The FFL needs to make sure that it is really the transfer that it is claimed to be.
    Kemasa.
    False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

    Don't tell someone to read the rules he wrote or tell him that he is wrong.

    Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

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    • #3
      oso grande
      Senior Member
      • Jun 2008
      • 869

      Originally posted by kemasa
      Care to be more specific?

      If I am guessing correctly at your question, the answer is that the DOJ really does not require ID from the out of state party in a Interfamilial transfer, but the FFL does. The FFL needs to make sure that it is really the transfer that it is claimed to be.
      Thanks for your quick reply.
      To be more specific, What I'm asking is...What documentation is needed from the out of state gun giver.
      I thought CADOJ was the the entity that enforced the states firearm laws. If DOJ doesn't require any...I don't understand why any is needed.
      If both party's are in California, no documentation at all is required. I don't see the difference.
      Is it that the law's so vague that a FFL has to have extra docs just to cover his butt? I'm rambling on...I hope you can understand my query.
      Last edited by oso grande; 05-10-2010, 10:21 PM.

      Comment

      • #4
        Mssr. Eleganté
        Blue Blaze Irregular
        CGN Contributor - Lifetime
        • Oct 2005
        • 10401

        For a firearm being shipped to a California licensed dealer from an out of state private party, CalDOJ doesn't require any ID. BATFE requires that the FFL record the sender's name and address. Some FFL's will want a photocopy of the sender's DL to verify this information while other FFL's will just accept the name an address on the invoice or shipping label.

        For the intra-familial roster exemption the sender should also include a signed letter stating their family relationship to the transferee. That letter will stay with the FFL to help satisfy CalDOJ if they do an audit and ask about the transfer.
        __________________

        "Knowledge is power... For REAL!" - Jack Austin

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        • #5
          kemasa
          I need a LIFE!!
          • Jun 2005
          • 10706

          The FFL has to ensure that it is a proper transaction and so may require documentation which is acceptable to the FFL to ensure that there is no scam going on. The DOJ could take action against the FFL if it is found that it does not seem like it is a family transfer.

          The fact is that the FFL could just get a bad feeling about it and not do it at all or could require notarized documentation sworn to under penalty of perjury.
          Last edited by kemasa; 05-11-2010, 10:38 AM. Reason: typo
          Kemasa.
          False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

          Don't tell someone to read the rules he wrote or tell him that he is wrong.

          Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

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          • #6
            Saym14
            Calguns Addict
            • Jul 2009
            • 7892

            Originally posted by kemasa
            The DOJ could take action against the FFL if it is found that it does seem like it is a family transfer.
            huh???

            Comment

            • #7
              kemasa
              I need a LIFE!!
              • Jun 2005
              • 10706

              Care to be more specific in your question?

              If the FFL transfers a firearm and claims that it is an intrafamilial transfer, but has no documentation or false documentation in which it seems clear that the FFL knew that it was not really an intrafamilial transfer and the transfer is found to not be an intrafamilial transfer, actions could be taken against the FFL.
              Kemasa.
              False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

              Don't tell someone to read the rules he wrote or tell him that he is wrong.

              Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

              Comment

              • #8
                Mssr. Eleganté
                Blue Blaze Irregular
                CGN Contributor - Lifetime
                • Oct 2005
                • 10401

                Originally posted by kemasa
                Care to be more specific in your question?
                I think he was just confused because you accidently wrote "does" instead of "doesn't" in your post.

                Originally posted by kemasa
                The DOJ could take action against the FFL if it is found that it does seem like it is a family transfer.
                __________________

                "Knowledge is power... For REAL!" - Jack Austin

                Comment

                • #9
                  kemasa
                  I need a LIFE!!
                  • Jun 2005
                  • 10706

                  Opps. I fixed that.
                  Kemasa.
                  False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                  Don't tell someone to read the rules he wrote or tell him that he is wrong.

                  Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                  Comment

                  • #10
                    Saym14
                    Calguns Addict
                    • Jul 2009
                    • 7892

                    so after reading all this and several other posts and the Wiki it seems as simple as this,

                    1) my dad in Az call xyz gun store in TX and buys a off roster
                    2) xyz ships off roster directly to my Cali FFL
                    3) meanwhile Dad sends me a copy of his drivers lic and a letter gifting the gun to me.
                    4) my Cali FFL processes the Dros and I wait 10 days.

                    am I missing something?

                    Comment

                    • #11
                      Mssr. Eleganté
                      Blue Blaze Irregular
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 10401

                      Originally posted by Saym14
                      so after reading all this and several other posts and the Wiki it seems as simple as this,

                      1) my dad in Az call xyz gun store in TX and buys a off roster
                      2) xyz ships off roster directly to my Cali FFL
                      3) meanwhile Dad sends me a copy of his drivers lic and a letter gifting the gun to me.
                      4) my Cali FFL processes the Dros and I wait 10 days.

                      am I missing something?
                      I don't think that would qualify for the "family transfer" roster exemption, since the firearm would never have been owned by your father. The gun should be owned by your father and then shipped by him to your local FFL. He should include a copy of his DL (if your local FFL wants one) and the gift letter in the package that he ships to your local FFL.
                      __________________

                      "Knowledge is power... For REAL!" - Jack Austin

                      Comment

                      • #12
                        kemasa
                        I need a LIFE!!
                        • Jun 2005
                        • 10706

                        The firearm could be shipped by a FFL, but I do agree that the father needs to have owned it, not just paid for it. If the father did not own it and have it transferred to him, then the family transfer would not be valid. I doubt that it would ever be tracked down since CA would have to talked to the AZ dealer and find that the firearm was never actually transferred to the father and that AZ dealer could refuse to talk to the CA DOJ. It is also unlikely that the CA DOJ would go on a fishing expedition, but just the same it should be done legally.
                        Kemasa.
                        False signature edited by Paul: Banned from the FFL forum due to being rude and insulting. Doing this continues his abuse.

                        Don't tell someone to read the rules he wrote or tell him that he is wrong.

                        Never try to teach a pig to sing. You waste your time and you annoy the pig. - Robert A. Heinlein

                        Comment

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