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Old 10-21-2019, 5:02 AM
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BAJ475 BAJ475 is offline
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Default Spousal Transfer

My wife and I sold our home in Chico. I moved to ID, obtained an ID DL, registered a PU truck we own in ID and registered to vote in ID. I also changed the address on my UT, WA and ID CCWs to my ID address. My wife still has her CA DL, is still registered to vote in CA and is staying with her sister who lives in CA and intends to do so until her sister recovers from knee surgery. We still own two vehicles that are registered in CA. As an ID resident I can purchase handguns that are not on the CA roster. If I do so, can I transfer one or more of these firearms to my wife by taking the firearms to a CA FFL and having them do a spousal or intrafamily transfer to my wife? I am assuming that since my wife has not yet established residency in ID, under federal law, any transfer of a firearm to her would have to go through a CA FFL. Your thoughts.
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Old 10-21-2019, 5:07 AM
edgerly779 edgerly779 is offline
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Where do you pay taxes? Not intrafamilial transfer. Best to check with ffl in area where wife resides.
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Old 10-21-2019, 9:46 AM
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BAJ475 BAJ475 is offline
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Quote:
Originally Posted by edgerly779 View Post
Where do you pay taxes? Not intrafamilial transfer. Best to check with ffl in area where wife resides.
I understand that technically it is not an intrafamila, but a spousal transfer. I assume that I will owe some taxes in CA for what I earned while I was a CA resident. Other than that, I expect that I will have to pay taxes in ID.
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Old 10-21-2019, 12:56 PM
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SkyHawk SkyHawk is offline
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Off-Roster handgun can be transferred due to it being an operation of law transfer that is Roster exempt. [PC 32110(b) & 27920(a)(2), Family Code 850]

You need to find a CA FFL dealer that knows about and is willing to process this type of transfer.

Quote:
Penal Code 16960
As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, “operation of law” includes, but is not limited to, any of the following:
(g) A transmutation of property between spouses pursuant to Section 850 of the Family Code.
Quote:
Family Code 850
subject to Sections 851 to 853, inclusive, married persons may by agreement or transfer, with or without consideration, do any of the following:
(a) Transmute community property to separate property of either spouse.
(b) Transmute separate property of either spouse to community property.
(c) Transmute separate property of one spouse to separate property of the other spouse.
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Last edited by SkyHawk; 10-21-2019 at 1:00 PM..
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