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  • cmichini
    Senior Member
    • Oct 2008
    • 1739

    Intra-familial transfer question

    From what I gather, the intra-familial transfer is 'vertical' (father/mother - son/daughter and/or through grandparents, etc) event.

    Does that apply for a father-in-law/son-in-law, or is it only BLOOD.

    My father-in-law is in AZ. Would like to gift a couple of pistols (specifically non-roster) to me.

    Can we do that directly or do we need to have him transfer to my wife and we do something (if I want it registered to me - which I think I do).

    Thoughts/guidance.

    Thanks in advance.
    NRA Certified Rifle Instructor
    NRA Certified Range Safety Officer
  • #2
    lear60man
    Senior Member
    • Apr 2009
    • 903

    Mom/Dad to son/daughter. Gparent to Gkid and vice a versa. I think you might have to be legally adopted in the case of a step parent. But father in law to son in law is a no. You can have father in law gift it to your wife and then have her gift it to you. All done at your local FFL of choice.

    Comment

    • #3
      Quiet
      retired Goon
      • Mar 2007
      • 30242

      Originally posted by lear60man
      Mom/Dad to son/daughter. Gparent to Gkid and vice a versa. I think you might have to be legally adopted in the case of a step parent. But father in law to son in law is a no. You can have father in law gift it to your wife and then have her gift it to you. All done at your local FFL of choice.



      Your father-in-law ships it to a CA FFL dealer and transfers it to your wife.
      After your wife does a 4473/DROS for the handgun and waits 10 days, your wife can then transfer the handgun to you.
      sigpic

      "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

      Comment

      • #4
        cmichini
        Senior Member
        • Oct 2008
        • 1739

        Got it. It's in the BLOOD.

        Thanks all for the info.

        Another reason calguns is such a valuable resource.
        NRA Certified Rifle Instructor
        NRA Certified Range Safety Officer

        Comment

        • #5
          cmichini
          Senior Member
          • Oct 2008
          • 1739

          Follow up question regarding need to use FFLs:

          If my wife will be in AZ in a month or so, can her dad personally give it to her there, my wife imports it to CA by physically trasnporting it into the state and then we do PPT at an FFL to get DROS'd as private party transfer?

          The main question is can the initial gift/transfer to my wife from her dad be done legally in AZ just face to face?
          If she can legally receive it/them in AZ, then become a handgun importer to bring it in and before she'd be required to self-register we PPT it to me via CA FFL/DROS?

          I'm trying to stay compliant, while expediting this and reducing administrative (CA DOJ) fees.

          No one's answers will be considered legal advice. Thanks again.
          NRA Certified Rifle Instructor
          NRA Certified Range Safety Officer

          Comment

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

            Originally posted by cmichini
            Follow up question regarding need to use FFLs:

            If my wife will be in AZ in a month or so, can her dad personally give it to her there, my wife imports it to CA by physically trasnporting it into the state and then we do PPT at an FFL to get DROS'd as private party transfer?

            The main question is can the initial gift/transfer to my wife from her dad be done legally in AZ just face to face?
            If she can legally receive it/them in AZ, then become a handgun importer to bring it in and before she'd be required to self-register we PPT it to me via CA FFL/DROS?

            I'm trying to stay compliant, while expediting this and reducing administrative (CA DOJ) fees.

            No one's answers will be considered legal advice. Thanks again.
            no, she can't. It is a federal crime for her father to physically give a firearm to a resident of a different state. It is also a federal crime for your wife to acquire a firearm in another state and transport it back to her home state. There is no federal intrafamily exemption for this. And there is no exemption for them to claim that she was going to bring it to a CA FFL to transfer it to her. her father needs to ship it to the CA FFL, or he can bring it to the CA FFL in person when he visits you guys.
            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
              Mssr. Eleganté
              Blue Blaze Irregular
              CGN Contributor - Lifetime
              • Oct 2005
              • 10401

              Originally posted by cmichini
              ...we PPT it to me via CA FFL/DROS?
              And remember, once your wife has done the transfer from her father at a California FFL, the transfer from her to you does not require the use of an FFL or DROS. A husband and wife who are both California residents can transfer a handgun between them by using the Operation of Law form and paying $19.
              __________________

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

              Comment

              • #8
                kablooie
                Member
                • Oct 2010
                • 265

                not to hijack...

                1) my father in law has a shotgun and lives in WA. We would need to use FFL to ship from WA to my wife in CA. Whats the ball park total cost (form fess and shipping) of this transfer?? (would her dad in WA have to pay any FFL fees too?)

                2) does my wife have to have a license/permit to receive the gun?
                Shop at Amazon via www.shop42a.com - up to 15% of all sales go back to Calguns Foundation!

                Comment

                • #9
                  cmichini
                  Senior Member
                  • Oct 2008
                  • 1739

                  Originally posted by ke6guj
                  no, she can't. It is a federal crime for her father to physically give a firearm to a resident of a different state. It is also a federal crime for your wife to acquire a firearm in another state and transport it back to her home state. There is no federal intrafamily exemption for this. And there is no exemption for them to claim that she was going to bring it to a CA FFL to transfer it to her. her father needs to ship it to the CA FFL, or he can bring it to the CA FFL in person when he visits you guys.
                  Got it. All aspects of the transfer between residents of different states need FFL to be kosher.

                  Thanks again!!
                  NRA Certified Rifle Instructor
                  NRA Certified Range Safety Officer

                  Comment

                  • #10
                    jtmkinsd
                    Senior Member
                    • Mar 2010
                    • 2352

                    Originally posted by kablooie
                    not to hijack...

                    1) my father in law has a shotgun and lives in WA. We would need to use FFL to ship from WA to my wife in CA. Whats the ball park total cost (form fess and shipping) of this transfer?? (would her dad in WA have to pay any FFL fees too?)

                    2) does my wife have to have a license/permit to receive the gun?
                    Your father in law can box it and ship it himself to an FFL near you and your wife. All he needs to include is a legible copy of his state license/ID and an indication who it's for. Once it gets to the FFL you've chosen (make sure to call the FFL before he ships the gun to make sure they will receive it) she can do paperwork and start the 10 day wait.

                    Cost will be whatever it is to ship (he can ship a long gun US Postal Service, UPS, or Fed Ex Ground), and transfer/DROS fees at your FFL

                    She does not need any permits or licenses to DROS a long gun.
                    Originally posted by orangeglo
                    Welcome to failtown, population = you.

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