CA non-compliant gun from out of state

[einstein]

My brother in NY wants to give me his Ruger LCP (the pocket 380).

Possible to do? Legally, I mean.

Thanks,

einstein

[Cokebottle]

No.

Intrafamilial transfers are roster-exempt, but that is only son/father/grandfather. Transfer between siblings is not legal through that path.

He can transfer it to your mother/father and they can transfer it to you.
The interstate transfer must go through an FFL and normal FFL transfer fees will apply.

[einstein]

Thank you for the info.

einstein

[Hoser1144]

Hey I had a quick question on that. My Grandfather who lives in AZ wants to give me an HK45. I understand I need to go through an FFL however thats process seems unclear. He is driving out here to San Diego and I was wondering if he can drive this handgun into CA and we go to an FFL here together be cause technically its still his and he is just traveling with it or does he need to ship it from his house in AZ to a FFL out here in CA.

[kemasa]

It is legal for him to bring it to the FFL, but you need to make sure that it is acceptable to the FFL. Also, if the firearm is not on the certified list, you need to make sure that the FFL knows how to process it as an exempt intrafamiliar transfer, since it is from your grandfather.

[Hoser1144]

Would you happen to know anyone who knows how to process this transaction in San Diego County because I just asked a local gun store and they told me they would confiscate the handgun if we tried that transaction there.

[kemasa]

I don't know of anyone, but perhaps someone will response. If a FFL were to confiscate such a firearm, I would immediately call the police and report the theft of the firearm. The FFL has NO right to take a firearm, they are NOT the police and the transaction is perfectly legal.

Check out the thread:

http://www.calguns.net/calgunforum/showthread.php?t=263286

[tenpercentfirearms]

Would you happen to know anyone who knows how to process this transaction in San Diego County because I just asked a local gun store and they told me they would confiscate the handgun if we tried that transaction there.

I would take that as a personal challenge and try to do it there. They have no authority to confiscate anything.

[kemasa]

Well, it would also be fun to sue them in civil court as well. While it would be fun, in some ways, it would also be a pain to deal with challenging them. I think it would be great for someone to do though, especially if you know an officer in the local police department. I suspect that they would tend have a slight problem with their licenses as well, theft charges would tend to be a problem :-).

[Hoser1144]

I just spoke with an FFL and the CA DOJ bureau of firearms and asked the same question. I explicitly stated that he was coming out here to CA from AZ where he lives and where the handgun was purchased and was seeking clarification on how to interfamilial transfer it to me and they both said I only need to send in the REPORT OF OPERATION OF LAW OR INTRA-FAMILIAL HANDGUN TRANSACTION form and 19$. do that sound right?

[kemasa]

For CA law yes, for Federal law NO!

Federal law requires the firearm go through a FFL for residents between two states. The CA DOJ keeps ignoring this and giving bad information. Call the BATF if you want to confirm it.

I think it is a Federal Felony, but I am not sure. It is a violation of the law in any case.

[BannedinBritain]

I just spoke with an FFL and the CA DOJ bureau of firearms and asked the same question. I explicitly stated that he was coming out here to CA from AZ where he lives and where the handgun was purchased and was seeking clarification on how to interfamilial transfer it to me and they both said I only need to send in the REPORT OF OPERATION OF LAW OR INTRA-FAMILIAL HANDGUN TRANSACTION form and 19$. do that sound right?

I can't tell you this advice is the legal thing to do...it is not. An interstate handgun transfer must go through an FFL in the transferee's State of residence per Federal law. Does this happen? Yes...often. Will BATFE send a tactical team to blow the hinges on your front door and haul you off to jail? Probably not.

Use Gussler's for your transfer if they are close enough to you (San Diego is a rather large county so I don't know where you're located).

Don is a good guy and will do the transfer for you.
(619) 258-2543

EDIT: Just make sure the HK you're transferring isn't the threaded barrel variety...that would make it an assault pistol.

[tenpercentfirearms]

I just spoke with an FFL and the CA DOJ bureau of firearms and asked the same question. I explicitly stated that he was coming out here to CA from AZ where he lives and where the handgun was purchased and was seeking clarification on how to interfamilial transfer it to me and they both said I only need to send in the REPORT OF OPERATION OF LAW OR INTRA-FAMILIAL HANDGUN TRANSACTION form and 19$. do that sound right?

Not correct. Did you happen to get the name of the agent?