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Intrafamilial transfer hold up/ process ?

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  • xmikedentx
    Junior Member
    • Jun 2010
    • 70

    Intrafamilial transfer hold up/ process ?

    My FFL and I tried to perform a out of state, mother to son transfer of an off roster M&P 9c. Everything went good on the DROS website until the seller info screen. The drop down menu would only accept CA state ID's, not out of state.

    My question is what is the work around? We started off on the PPT handgun menu which led us to the problem screen. The only other option was the curio/oympic/exempt screen. Not sure which route to go.

    This was the first type of transfer my FFL has done like this. Looking for advice. He is also thingking that the $19 mail in form might suffice, but I'm sure it will not because of the state lines issue.

    Thanks!
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    Originally posted by xmikedentx
    My question is what is the work around? We started off on the PPT handgun menu which led us to the problem screen. The only other option was the curio/oympic/exempt screen. Not sure which route to go.
    The CA FFL dealer needs to use the "curio/olympic/exempt" option.

    An out-of-state intra-familial transfer is exempt under PC 32110(b).
    Therefore, it falls in the "curio/olympic/exempt" option on the CA DROS system.




    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.
    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).

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    • #3
      mrdd
      Senior Member
      • Jan 2009
      • 2023

      Originally posted by xmikedentx
      This was the first type of transfer my FFL has done like this. Looking for advice. He is also thingking that the $19 mail in form might suffice, but I'm sure it will not because of the state lines issue.
      It would be a violation of federal law to do that, you don't want to go there. The only exception is an actual bequeath or intestate succession.

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      • #4
        lorax3
        Super Moderator
        CGN Contributor - Lifetime
        • Jan 2009
        • 4633

        2 Issues:

        1) Imputing your mothers info into DROS system
        2) How to let the DROS system know the handgun is roster exempt.

        1)That's because it's not a PPT. Your dealer should not use the "PPT" option in the DROS system. A PPT only allows you to use a CADL/CAID/MIL. It needs to be done as a dealer transfer.

        Your dealer first needs to take possession of the firearm from your mother in their A&D book, then transfer it to you as a dealer transfer via a DROS.

        2) Answered by Quiet.

        The $19 form will not suffice.
        You think you know, but you have no idea.

        The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

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