Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > THE CALGUNS COMMUNITY > CGSSA Southern California Chapters > San Diego Chapter
Register FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #1  
Old 05-30-2020, 10:13 AM
vbecerra09 vbecerra09 is offline
Junior Member
 
Join Date: Jun 2013
Location: San Diego
Posts: 14
iTrader: 1 / 100%
Default AR-15 pistol question

A friend of mine is getting gifted an AR-15 pistol from his dad. His dad is an out of state resident and my buddy is wondering if that pistol, which will be maglocked, will need to be registered as semi-auto pistol or single shot? Any help on this question will be greatly appreciated.
Reply With Quote
  #2  
Old 06-05-2020, 7:54 PM
swift swift is offline
Senior Member
 
Join Date: Feb 2006
Location: San Diego
Posts: 908
iTrader: 37 / 100%
Default

Donít know enough to give you advice except to suggest using Gusslerís for the transfer.
Reply With Quote
  #3  
Old 06-18-2020, 8:15 AM
Sawateam Sawateam is offline
Junior Member
 
Join Date: Mar 2020
Posts: 15
iTrader: 1 / 100%
Default

I don’t think you have to go through an FFL like you would with a regular PPT.

And if the pistol has a Maglock then you should register it as a semi-auto pistol.
Reply With Quote
  #4  
Old 06-18-2020, 8:16 AM
Sawateam Sawateam is offline
Junior Member
 
Join Date: Mar 2020
Posts: 15
iTrader: 1 / 100%
Default

Go here and scroll about half way down to the section titled Report of Intra-familial Firearms Transfer...

https://oag.ca.gov/firearms/online-reporting#if
Reply With Quote
  #5  
Old 06-18-2020, 8:26 AM
Milsurp1's Avatar
Milsurp1 Milsurp1 is offline
Senior Member
 
Join Date: Aug 2016
Location: Not in California
Posts: 2,120
iTrader: 26 / 100%
Default

Yes, it must go through a California FFL. The dealer should DROS it as a semi auto pistol.
Reply With Quote
  #6  
Old 06-18-2020, 8:36 AM
Sawateam Sawateam is offline
Junior Member
 
Join Date: Mar 2020
Posts: 15
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Milsurp1 View Post
Yes, it must go through a California FFL. The dealer should DROS it as a semi auto pistol.
Based on the link I posted above, it doesnít seem that an FFL needs to be involved.

I have a friend whose father lives In Mississippi. My friend flies to see his dad once a year. Together they go into a gun shop, his father purchases a gun, they walk out, my friend gets on a plane, puts the gun in an approved case and checks his baggage. When he arrives back home in California he simply fills out the Intra-Familial transfer paper and mails it to the DOJ. He has done this 3 or 4 times.

I met this person because he was selling one of his guns he had acquired this way. We met at a local FFL and did the PPT.

No hiccups with the PPT. We successfully transferred the gun that had been registered to him, to me.
Reply With Quote
  #7  
Old 06-18-2020, 8:39 AM
Sawateam Sawateam is offline
Junior Member
 
Join Date: Mar 2020
Posts: 15
iTrader: 1 / 100%
Default

Additionally on this topic...

Going the out of state, Intra-Familial transfer route allows Californians to legally register off-roster pistols.

I have recently successfully registered a Glock 19 gen 4.
Reply With Quote
  #8  
Old 06-18-2020, 9:06 AM
Milsurp1's Avatar
Milsurp1 Milsurp1 is offline
Senior Member
 
Join Date: Aug 2016
Location: Not in California
Posts: 2,120
iTrader: 26 / 100%
Default

It is a felony (federal and California) for a California resident to receive possession of a firearm from a different stateís resident and bring it back to California. The other state resident must deliver it to a California FFL dealer for transfer to the California resident.
Reply With Quote
  #9  
Old 06-18-2020, 9:18 AM
Sawateam Sawateam is offline
Junior Member
 
Join Date: Mar 2020
Posts: 15
iTrader: 1 / 100%
Default

Quote:
Originally Posted by Milsurp1 View Post
It is a felony (federal and California) for a California resident to receive possession of a firearm from a different stateís resident and bring it back to California. The other state resident must deliver it to a California FFL dealer for transfer to the California resident.
Even father to son? Didnít know. Glad I havenít done that.
Reply With Quote
  #10  
Old 06-18-2020, 9:20 AM
Sawateam Sawateam is offline
Junior Member
 
Join Date: Mar 2020
Posts: 15
iTrader: 1 / 100%
Default

So the link I posted above regarding Intra-Familial transfers must only apply to family within the state.

“The firearm being reported was acquired in-state as a gift from an immediate family member (as defined by Penal Code section 16720)”

Last edited by Sawateam; 06-18-2020 at 9:23 AM..
Reply With Quote
  #11  
Old 06-18-2020, 11:11 AM
sofbak sofbak is offline
Senior Member
 
Join Date: Aug 2010
Posts: 2,132
iTrader: 4 / 100%
Default

^^^ Correct. And you just "outed" your friend and his father as probable felons.
Reply With Quote
  #12  
Old 06-18-2020, 1:55 PM
Sawateam Sawateam is offline
Junior Member
 
Join Date: Mar 2020
Posts: 15
iTrader: 1 / 100%
Default

Quote:
Originally Posted by sofbak View Post
^^^ Correct. And you just "outed" your friend and his father as probable felons.
They are already out. Of the closet. 😂
Reply With Quote
  #13  
Old 06-18-2020, 3:42 PM
BEE BEE is offline
Veteran Member
 
Join Date: Mar 2011
Location: San Diego, CA
Posts: 2,683
iTrader: 78 / 100%
Default

Quote:
Originally Posted by Sawateam View Post
Go here and scroll about half way down to the section titled Report of Intra-familial Firearms Transfer...

https://oag.ca.gov/firearms/online-reporting#if
This. Only need to submit this form if transferring between son and father, or grandson and grandfather.


DROS AR pistol as semi-auto and make sure it has the necessary mag-lock gear.
Reply With Quote
  #14  
Old 06-18-2020, 3:57 PM
RickD427's Avatar
RickD427 RickD427 is online now
Calguns Addict
 
Join Date: Jan 2007
Location: King County
Posts: 6,778
iTrader: 7 / 100%
Default

Quote:
Originally Posted by BEE View Post
This. Only need to submit this form if transferring between son and father, or grandson and grandfather.


DROS AR pistol as semi-auto and make sure it has the necessary mag-lock gear.
Wrong.

Your link goes to the California DOJ Form for the reporting of an intrafamiliar transfer of a firearm under California law.

It's federal law that is at issue here, and the California Form and the related California statutes are quite irrelevant to the federal law issue.

Please refer to 18 USC 922(a)(3). That is the law that would be violated by the OP's proposed course of action. Violation is a felony. Here is the text:

"(It shall be unlawful)...for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;"
__________________
If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.
Reply With Quote
  #15  
Old 06-19-2020, 2:05 PM
BEE BEE is offline
Veteran Member
 
Join Date: Mar 2011
Location: San Diego, CA
Posts: 2,683
iTrader: 78 / 100%
Default

Quote:
Originally Posted by RickD427 View Post
Wrong.

Your link goes to the California DOJ Form for the reporting of an intrafamiliar transfer of a firearm under California law.

It's federal law that is at issue here, and the California Form and the related California statutes are quite irrelevant to the federal law issue.

Please refer to 18 USC 922(a)(3). That is the law that would be violated by the OP's proposed course of action. Violation is a felony. Here is the text:

"(It shall be unlawful)...for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;"
I stand corrected. Had to read more into it myself
Reply With Quote
  #16  
Old 06-19-2020, 2:07 PM
edgerly779 edgerly779 is offline
Banned
 
Join Date: Aug 2009
Location: canoga park, ca
Posts: 14,737
iTrader: 94 / 100%
Default

Must go to and thru ffl. Must be complete assembled ar pistol ca compliant with fixed mag..
Reply With Quote
  #17  
Old 06-20-2020, 9:07 AM
Jimi Jah's Avatar
Jimi Jah Jimi Jah is offline
I need a LIFE!!
 
Join Date: Jan 2014
Location: North San Diego County
Posts: 14,718
iTrader: 1 / 100%
Default

I converted mine to a rifle. AR pistols are a legal trap.
Reply With Quote
  #18  
Old 06-20-2020, 10:02 AM
RickD427's Avatar
RickD427 RickD427 is online now
Calguns Addict
 
Join Date: Jan 2007
Location: King County
Posts: 6,778
iTrader: 7 / 100%
Default

Quote:
Originally Posted by BEE View Post
I stand corrected. Had to read more into it myself
Don't feel bad. The state of California's law, and the interplay between state and federal law is really confusing.

If the OP's father were a California resident, it would be really simple. It's the difference in state residency that's causing the problems.
__________________
If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 9:26 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2020, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.
Tactical Pants Tactical Boots Tactical Gear Military Boots 5.11 Tactical