Out of State Intrafamilal Transfer Question

[PWPSK1]

Have a question for my fellow FFL’s.

I have a customer who wants to receive a off-roster handgun from his dad who lives out of state. I know the Calguns Foundation wiki says that out-of-state intrafamilial handgun transfers are roster exempt and to note that in the “Exempt” handgun screen when DROS’ing the gun (obviously it would be shipped to me since the gun is coming from out of state).

However, a wiki saying you can do it and actually doing are two different things. As many know, what the law says and how the DOJ might interpret it can be different things. With that said, have any of you done this before? Did anyone hear differently from DOJ about this?

I am sure this has come up for other folks, but this is a first for me. I just don’t want to be the test case for this type of transaction and am hoping to hear what other FFL’s who have done this have to say before moving forward--especially if if came up in an audit.


Thanks for your assistance,
Peter S.

[Quiet]

Here's the CA law [PC 32110(b)] that says it's legal.

Applicable exemptsion are from PC 27600-27966 and intra-familial transfers are PC 27870 & PC 27875.


Penal Code 32110
Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) shall not apply to any of the following:
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545.

[Librarian]

However, a wiki saying you can do it and actually doing are two different things.

Would you please point me to the wiki link you used? I perceive a need to rewrite a part if you are not comfortable with what it says...

[PWPSK1]

Would you please point me to the wiki link you used? I perceive a need to rewrite a part if you are not comfortable with what it says...

Link is here: http://wiki.calgunsfoundation.org/Tr...Family_Members

It is not so much what the post says, I just want to feel comfortable that it has been in-practice without issue by another dealer. I am hoping to hear from another vendor like me on Calguns who can confirm he/she has done this and did not have issue with it, especially when audited.

[PWPSK1]

DOJ returned my phone call (finally) and confirmed that the legal references and interpretation in the Calguns Foundation Wiki was indeed correct. Question answered.