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  • tikka223
    Junior Member
    • Mar 2011
    • 73

    NV to Ca PPT

    My dad lives in Nv and wants to give me a pistol. Does it have to go through an ffl if he sends it?


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  • #2
    ke6guj
    Moderator
    CGN Contributor - Lifetime
    • Nov 2003
    • 23725

    yes. federal law requires that a CA FFL receive it to transfer to you. neither CA, NV or federal law require that it be sent FROM an FFL, just that it be sent TO an FFL.
    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

    • #3
      halifax
      Veteran Member
      • Oct 2005
      • 4440

      If it's not on the roster have your dad include a note that it is a gift. Also, call your FFL first to give him a heads-up.
      Jim


      sigpic

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      • #4
        Leatherneck
        Senior Member
        • Nov 2011
        • 970

        I was told today by an FFL that a non-roster pistol cannot be shipped to CA, even if it is being gifted from a father to son. They said that the father had to bring it into the state in order to gift it, either driving it in or flying with it in checked luggage.

        Comment

        • #5
          Munk
          Senior Member
          • Jun 2010
          • 2124

          Make sure your FFL is aware that this is a Intrafamilial (father-son) transfer, and as such, is exempt from the roster.


          Originally posted by Leatherneck
          I was told today by an FFL that a non-roster pistol cannot be shipped to CA, even if it is being gifted from a father to son. They said that the father had to bring it into the state in order to gift it, either driving it in or flying with it in checked luggage.
          I was told the opposite... that they had to "receive" the firearm from a common carrier. Though, this may have just been policy.
          Originally posted by greasemonkey
          1911's instill fairy dust in the bullets, making them more deadly.

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44650

            Originally posted by Leatherneck
            I was told today by an FFL that a non-roster pistol cannot be shipped to CA, even if it is being gifted from a father to son. They said that the father had to bring it into the state in order to gift it, either driving it in or flying with it in checked luggage.
            Those two ways are certainly legal, and convenient, but the shipping option is also legal.
            ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

            Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

            Comment

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

              Originally posted by Leatherneck
              I was told today by an FFL that a non-roster pistol cannot be shipped to CA, even if it is being gifted from a father to son. They said that the father had to bring it into the state in order to gift it, either driving it in or flying with it in checked luggage.
              First off, any handgun which is not considered a so-called a-salt weapon can be shipped to a CA FFL. LEO can buy non-roster fireams, so that just shows that the FFL does not know what they are talking about.

              Secondly, you can contact the CA DOJ and unless something has changed, they will tell you how to submit the DROS for an interstate intrafamilial transfer.

              Third, don't believe everything you hear from a FFL. I recently heard that some FFLs are transferring the Rossi Ranch Hand and the Henry Mares Leg with the reason:

              it has a DOJ exemption. It falls under the classification of a relic because it's designed after an 1800's model.
              Now I had never heard of such a thing, so I called another FFL, just to check and then called the CA DOJ and no one else has heard of any such exemption. They are not converting it to a single shot, but instead it appears saying it is a C&R.
              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
                Leatherneck
                Senior Member
                • Nov 2011
                • 970

                Some followup questions:
                - I spent some time last night on the DOJ website trying to find a reference to shipping a non-roster handgun for intrafamilial transfer, but did not find anything. Don't think my FFL will just take my word for it without being able to direct him to the passage that allows it. Can anyone help point me to it?

                - My FFL says that he will not accept any shipment that comes from a private party, and will only accept shipments from another FFL. Can he decide which parts of the law he will follow and which he won't? The law says that the gun only has to be shipped TO an FFL, not FROM one.

                - On an intrafamilial transfer that originates in another state and is shipped to a CA FFL, how do you deal with the need for a "seller" signature on the DROS, or isn't it required?

                - What kind of proof, if any, is required on an intrafamilial transfer? I'm sure someone has tried to scam the system claiming a gun is coming from a father/mother/son/daughter/etc. when it really isn't. Is proof required by the DROSing FFL, and if so, what is required?

                Thanks for putting up with the questions. I'm sure after I go through my first one of these, it will be easier.

                Comment

                • #9
                  paul0660
                  In Memoriam
                  • Jul 2007
                  • 15669

                  You need a new FFL. He is wrong about the intrafamilial exemption, and being difficult about the shipping from FFL part. There are others out there. Put your zip in here:

                  http://www.gunbroker.com/FFL/DealerNetwork.aspx and you will find some, and there are others.
                  *REMOVE THIS PART BEFORE POSTING*

                  Comment

                  • #10
                    halifax
                    Veteran Member
                    • Oct 2005
                    • 4440

                    Originally posted by Leatherneck
                    Some followup questions:
                    - I spent some time last night on the DOJ website trying to find a reference to shipping a non-roster handgun for intrafamilial transfer, but did not find anything. Don't think my FFL will just take my word for it without being able to direct him to the passage that allows it. Can anyone help point me to it?

                    - My FFL says that he will not accept any shipment that comes from a private party, and will only accept shipments from another FFL. Can he decide which parts of the law he will follow and which he won't? The law says that the gun only has to be shipped TO an FFL, not FROM one.

                    - On an intrafamilial transfer that originates in another state and is shipped to a CA FFL, how do you deal with the need for a "seller" signature on the DROS, or isn't it required?

                    - What kind of proof, if any, is required on an intrafamilial transfer? I'm sure someone has tried to scam the system claiming a gun is coming from a father/mother/son/daughter/etc. when it really isn't. Is proof required by the DROSing FFL, and if so, what is required?

                    Thanks for putting up with the questions. I'm sure after I go through my first one of these, it will be easier.


                    It's not a PPT so no seller signature is required. That also means the dealer fee is not limited to $10.

                    A signed letter (described in the link above) should be sufficient.
                    Jim


                    sigpic

                    Comment

                    • #11
                      PolishMike
                      Calguns Addict
                      • Nov 2007
                      • 6034

                      Also not accepting from anyone but FFLs is not illegal. It is a store policy that many stores have. I do it for good reason. I didn't always and it really came back to bite me.
                      Artist formally known as CEO of Tracy Rifle and Pistol

                      Comment

                      • #12
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        Originally posted by Leatherneck
                        Some followup questions:
                        - I spent some time last night on the DOJ website trying to find a reference to shipping a non-roster handgun for intrafamilial transfer, but did not find anything. Don't think my FFL will just take my word for it without being able to direct him to the passage that allows it. Can anyone help point me to it?
                        - My FFL says that he will not accept any shipment that comes from a private party, and will only accept shipments from another FFL. Can he decide which parts of the law he will follow and which he won't? The law says that the gun only has to be shipped TO an FFL, not FROM one.
                        sure he can. there is no requirement that he even accept shipments from anyone, not even another FFL. Its his license to do with as he wishes.

                        He could decide to only purchase firearms from walk-ins and then resell those if he wanted to.



                        - On an intrafamilial transfer that originates in another state and is shipped to a CA FFL, how do you deal with the need for a "seller" signature on the DROS, or isn't it required?
                        it isn't required since it isn't being DROSed as a PPT, but as a standard DROS.


                        - What kind of proof, if any, is required on an intrafamilial transfer? I'm sure someone has tried to scam the system claiming a gun is coming from a father/mother/son/daughter/etc. when it really isn't. Is proof required by the DROSing FFL, and if so, what is required?
                        there are no regulations that specify how the FFL verifies that it is an intrafamily transfer. usually a copy of the transferor's ID and a letter is good enough.
                        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

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