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Gift to Dad & ar15 lower sales question

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  • Rooftop Voter
    Senior Member
    • Nov 2009
    • 841

    Gift to Dad & ar15 lower sales question

    I'm trying to sell 2 complete AR 15 lowers & ive got an interested buyer but I have an AZ DL. Can I gift my CA resident father (any required paperwork?) my lowers so he can then ship them to the buyer (an FFL 1 up in NorCal)?
    I'd really like to avoid buying a CA ID card for one transaction! & it'll take up to 60 days to receive the damn thing!


    Also I just need an email from the FFL buyer showing his license & I'll be good to go with shipping directly to the FFL correct?

    Thanks!
    I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
    Enthusiast
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44646

    Originally posted by Rooftop Voter
    I'm trying to sell 2 complete AR 15 lowers & ive got an interested buyer but I have an AZ DL. Can I gift my CA resident father (any required paperwork?) my lowers so he can then ship them to the buyer (an FFL 1 up in NorCal)?
    I'd really like to avoid buying a CA ID card for one transaction! & it'll take up to 60 days to receive the damn thing!


    Also I just need an email from the FFL buyer showing his license & I'll be good to go with shipping directly to the FFL correct?

    Thanks!
    If you are a resident of AZ, moving those lowers to any resident of CA - your father or your buyer - requires going through a CA FFL, per Federal law.

    Since your buyer is an FFL, that's not an issue; getting the guns shipped is. You don't need a CA ID for that.
    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    Frozen in 2015, it is falling out of date and I can no longer edit the content.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!

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    • #3
      Rooftop Voter
      Senior Member
      • Nov 2009
      • 841

      I'm currently in CA & the lowers are with me now. Can I ship to the CA FFL directly?
      I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
      Enthusiast

      Comment

      • #4
        tenpercentfirearms
        Vendor/Retailer
        • Apr 2005
        • 13007

        Originally posted by Rooftop Voter
        I'm currently in CA & the lowers are with me now. Can I ship to the CA FFL directly?
        You can also just take them into the shop. If you brought me in two lowers and said I want to put these in this guy's name, I would ask for your ID and input you in my bound book the same way as if you shipped them. The only thing is the buyer is not completing a PPT, so the $35 max rate does not apply and I would charge him my standard rate of $50 plus $25 for DROS and he would additionally need to pay sales tax on the purchase price.
        www.tenpercentfirearms.com was open from 2005 until 2018. I now own Westside Arms.

        Comment

        • #5
          Rooftop Voter
          Senior Member
          • Nov 2009
          • 841

          The only issue is that I now have an AZ DL and no form of CA ID or DL. If I were to get a CA ID tomorrow could I send the dealer my paper copy of my CA ID until I get my CA ID in the mail? Hopefully it would only take the DMV 1-3 weeks to get it to me...

          Also - I am located in San Diego and the buyer is up in Santa Rosa (buyer is a FFL BTW).

          If I go back to Flagstaff AZ - could I ship the lowers through an FFL in AZ that is on the CLFC () and is willing to deal with that CA BS law?


          Originally posted by tenpercentfirearms
          You can also just take them into the shop. If you brought me in two lowers and said I want to put these in this guy's name, I would ask for your ID and input you in my bound book the same way as if you shipped them. The only thing is the buyer is not completing a PPT, so the $35 max rate does not apply and I would charge him my standard rate of $50 plus $25 for DROS and he would additionally need to pay sales tax on the purchase price.
          I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
          Enthusiast

          Comment

          • #6
            Librarian
            Admin and Poltergeist
            CGN Contributor - Lifetime
            • Oct 2005
            • 44646

            Originally posted by Rooftop Voter
            The only issue is that I now have an AZ DL and no form of CA ID or DL. If I were to get a CA ID tomorrow could I send the dealer my paper copy of my CA ID until I get my CA ID in the mail? Hopefully it would only take the DMV 1-3 weeks to get it to me...

            Also - I am located in San Diego and the buyer is up in Santa Rosa (buyer is a FFL BTW).

            If I go back to Flagstaff AZ - could I ship the lowers through an FFL in AZ that is on the CLFC () and is willing to deal with that CA BS law?
            No, no, if it were convenient for you to drive to Santa Rosa, you could deliver the lowers in person - no need for CA ID. It would be an interstate transfer, and as Wes says, the fee would be 'regular'.

            The bit with CA ID is a CA resident needs that to BUY, and if a seller wants to take advantage of the CA 'Private Party Transfer' law, and get the limited fee that requires, then the seller must have CA ID. No CA ID, no CA PPT.

            Perfectly legal for AZ resident to sell a gun to a CA resident, using a CA FFL, either shipping it from AZ or by appearing with the buyer at the CA FFL. (California has some ideas about the guns - Roster and 'assault weapons'.)
            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
              Rooftop Voter
              Senior Member
              • Nov 2009
              • 841

              So I can't ship it to an FFL in CA from CA (CFLC restrictions since I'm not an FFL MYSELF)? But I can sell it to a non FFL thru a CA FFL in CA but it'll be a non-PPT transaction?
              I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
              Enthusiast

              Comment

              • #8
                Librarian
                Admin and Poltergeist
                CGN Contributor - Lifetime
                • Oct 2005
                • 44646

                Originally posted by Rooftop Voter
                So I can't ship it to an FFL in CA from CA (CFLC restrictions since I'm not an FFL MYSELF)? But I can sell it to a non FFL thru a CA FFL in CA but it'll be a non-PPT transaction?
                Too complicated.

                Let me start again.

                You live in AZ.

                You want to sell a gun to someone in CA.

                Here is what you can do:

                1) ship the gun(s) to a CA FFL. As a private person, you are not involved in the CFLC stuff. Only drawback is that some FFLs do not like to receive directly from non-FFLs. Should not be an issue in this case, since the CA FFL in question is the buyer.

                2) Appear in person at the CA FFL and deliver the guns for subsequent sale to the buyer. Since CA PPT is for CA residents, does not matter if the buyer appears at the FFL at the same time. It's OK, but not required.

                (PPT actually doesn't require simultaneous buyer and seller presence, that's just how it usually works - it does require using the SAME FFL where each of buyer and seller make a personal appearance, or in the case of the buyer, 2 appearances, one 10 days after the other! But, AZ-resident to CA-resident cannot be a CA PPT.)
                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

                • #9
                  Rooftop Voter
                  Senior Member
                  • Nov 2009
                  • 841

                  Ok - I'll ask the CA FFL if he is okay with receiving from a non FFL.
                  Thanks for your help!
                  I pledge allegiance to the Eagle with the MP5 of the United Police States of America, and to the fallen Republic which once stood, the New World Order under our new overlords, divided, with tyranny and injustice for all.
                  Enthusiast

                  Comment

                  • #10
                    DavidR310
                    CGSSA Coordinator
                    CGN Contributor
                    • Apr 2011
                    • 3116

                    Originally posted by tenpercentfirearms
                    You can also just take them into the shop. If you brought me in two lowers and said I want to put these in this guy's name, I would ask for your ID and input you in my bound book the same way as if you shipped them. The only thing is the buyer is not completing a PPT, so the $35 max rate does not apply and I would charge him my standard rate of $50 plus $25 for DROS and he would additionally need to pay sales tax on the purchase price.
                    What if the firearm is being given to you, say from a brother or uncle out of state? Would the sales tax just be zero?

                    Sorry for the threadjack.

                    Comment

                    • #11
                      kemasa
                      I need a LIFE!!
                      • Jun 2005
                      • 10706

                      If the firearm is a gift, then there would not be any sales tax. BUT some people try to claim that firearms that they buy is a gift, which is tax evasion and which is a problem. You would need documentation that it is a gift, such as a letter.
                      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

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