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FFL's Forum For open discussion between FFLs and polite questions for FFLs. |
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#1
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Is the Interstate Intrafamilial limited to gifts?
Many have told me that in order to import an off roster handgun into the state using the interstate intrafamilial exemption it has to be a gift. I think that the exemption would include a trade or even a cash purchase from the out of state family member. Am I wrong?
I don't want to get into straw purchase issues and am focused on the situation where a Father living out of state sells an off roster handgun that he has owned for years to his Son living in California. I have asked the same question here on the how Cailfornia laws apply/affect you forum and so far responders think the exception is limited to gifts. |
#2
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As far as I know, it is not limited to gifts.
The gift aspect is required if they go out and buy it with the intention of transferring to another person (4473 11a). I don't think, but would have to check, that the CA PC specifies that it has to be a gift.
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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 |
#3
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Quote:
http://www.calguns.net/calgunforum/s....php?t=1156542 Maybe discussed here. I didn't see the PC mentioned tho. Ill find that.
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#4
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Enough Calgunners had told me that it had to be a gift, Kemesa, but if your initial opinion is such I am more confident in mine. The way I see it is that, because PC 32110(b) provides that PC 27585 is not applicable to a "sale, loan, or transfer" exempt from PC 27545, and because the FFL is only being used to make the delivery in order to comply with 18 USC 922, the roster is irrelevant.
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#5
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There is a specific CA PC in regards to being exempt from the certified list. It used to be easier to find when I could download the complete text of the CA PC, but that does not seem to work now. I was told for the DROS to mark it as "SB 15 Exempt - 27870PC intrafamily transfer, 12133PC Roster Exempt", but the numbers changed.
This is in regards to not having to do a CA PPT: Quote:
Still looking for the certified list exemption to see what it says.
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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 |
#6
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If I followed the spaghetti correctly, 32110 states that if you are exempt from 27545, that you are exempt from the certified list.
So that leaves getting the firearms by "other means", which I would think could include buying it.
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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 |
#7
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That is what I concluded from 32110(b); that if 27545 does not apply you are exempt from the roster and 27545 does not apply to a transaction between defined family members. Librarian has posted over on the how does California law affect me forum that the sales transaction would be illegal, but was unable at the time to explain why as he didn't have his lap top.
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#8
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Do you have a link to that post?
__________________
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 |
#9
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This is the post to which I referred.
Quote:
Quote:
Last edited by Chewy65; 02-15-2018 at 11:45 PM.. |
#10
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Gifts are specifically mentioned, which is easier, but since it also says "other means", it leaves it wide open.
__________________
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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