Yet Another Interfamilial Question.

[oso grande]

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

Oso Grande

[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.

[oso grande]

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.

[Mssr. Eleganté]

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.

[kemasa]

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.

[Saym14]

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

huh???

[kemasa]

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.

[Mssr. Eleganté]

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.

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

[kemasa]

Opps. I fixed that.

[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?

[Mssr. Eleganté]

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.

[kemasa]

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.