Inter-state, Inter-family transfer.

[DKlaw]

This came up in in the Rimfire forum and I thought you all might know better.

http://www.calguns.net/calgunforum/showthread.php?t=306679

Briefly, if your father, who lives out of state, brings an otherwise CA-legal off-roster pistol with him to transfer to you, can he legally do so?
Which takes presidence, the attempt to transfer an out of state off-roster gun to a CA-licensed FFL or the inter family transfer, to which the roster of safe guns does not apply?

[ke6guj]

Briefly, if your father, who lives out of state, brings an otherwise CA-legal off-roster pistol with him to transfer to you, can he legally do so?

he must use a CA FFL to facilitate the transfer, to comply with federal law.

Which takes presidence, the attempt to transfer an out of state off-roster gun to a CA-licensed FFL or the inter family transfer, to which the roster of safe guns does not apply?

the INTRA-family (meaning within the family, not inter-family which would mean outside the family) exemption takes precidence over the normal requirement that all handgun being transfered be rostered.

[kemasa]

As said above, your father can give you a handgun which is not on the roster, but since he does not live in the same state as you, it has to be transferred through a CA FFL. Just make sure that the FFL is aware of how to do it.

[Malthusian]

3 out of 3 CA FFL dealers I have visited in person. "Claim" they cannot transfer an off roster gun from my Father, if he were to ship to them, from his State of residence.

I am not disputing that this "is" legal. 3 out of 3 CA FFL dealers I have visited in person, do not know how, or firmly believe it is "not" legal. I had a dealer PM me direct and said they "would" be able to help me.

These 3 particular CA FFL dealers were adamant that they were correct in their view that is was illegal.

[halifax]

3 out of 3 CA FFL dealers I have visited in person. "Claim" they cannot transfer an off roster gun from my Father, if he were to ship to them, from his State of residence.

I am not disputing that this "is" legal. 3 out of 3 CA FFL dealers I have visited in person, do not know how, or firmly believe it is "not" legal. I had a dealer PM me direct and said they "would" be able to help me.

These 3 particular CA FFL dealers were adamant that they were correct in their view that is was illegal.

Obviously, those three dealers aren't Calgunners. Let them wallow in their ignorance.

[kemasa]

Call the CA DOJ, they should confirm that it is legal. I have done this in the past.

[bwiese]

Call the CA DOJ, they should confirm that it is legal. I have done this in the past.

In theory this should work, on a sunny day at 11am.

You may well also get a puzzled DOJ clerk that says "Oh it's intrafamily, you don't need to use an FFL".

[kemasa]

Asking unknown people is not always the best way to get the real answer. That response is the best way to tell the FFL the right thing. If you tell the FFL that you asked the question on a forum, how long do you think that they will laugh?

There are a couple of people at the DOJ that I trust to give me the correct answer, others I want more info to confirm what they are saying is correct.