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  #1  
Old 05-13-2013, 10:24 PM
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Default Father to son interfamillial out of state handgun transfer

Need to find a ffl in northern California for a interfamillial transfer. Hopefully in the redding or Susanville areas. My local guy isn't sure how to do one so I need to find someone who does.

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  #2  
Old 05-14-2013, 6:41 AM
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DOJ websit. Theres a form you fill out and send $19
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  #3  
Old 05-14-2013, 8:29 AM
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Originally Posted by mofojoe View Post
DOJ websit. Theres a form you fill out and send $19
That does not apply to out of state transfers as indicated in the subject line. I can't find the calguns thread that instructs FFLs how to handle this, but he would DROS the same way he does a C&R pistol and in the comments section put "SB15 Exempt - 12078(c) inframily transfer, 12133PC Roster exempt"
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  #4  
Old 05-14-2013, 8:54 AM
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Look up "Rudolph the Red". Jim is in Redding now and will take great care of you.
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  #5  
Old 05-14-2013, 11:11 AM
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Originally Posted by Peripro View Post
Look up "Rudolph the Red". Jim is in Redding now and will take great care of you.
Looked him up on Google and on here. Can't seem to find him. Do you have a last name or maybe the name of his business? Thanks

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Old 05-14-2013, 11:19 AM
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Originally Posted by ugimports View Post
That does not apply to out of state transfers as indicated in the subject line. I can't find the calguns thread that instructs FFLs how to handle this, but he would DROS the same way he does a C&R pistol and in the comments section put "SB15 Exempt - 12078(c) inframily transfer, 12133PC Roster exempt"
I'll run it by him and see what he thinks but I'm at the point of if he doesn't want to research it himself or want my business I'll take it elsewhere

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Old 05-14-2013, 11:36 AM
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Quote:
Originally Posted by farnorcal View Post
Looked him up on Google and on here. Can't seem to find him. Do you have a last name or maybe the name of his business? Thanks
It is his username here:

http://www.calguns.net/calgunforum/member.php?u=19461
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  #8  
Old 05-14-2013, 11:46 AM
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Quote:
Originally Posted by mofojoe View Post
DOJ websit. Theres a form you fill out and send $19
That's exactly the wrong answer for interstate transfer, and the reason for so many threads on the subject.

Even the telephone-answerers at CA-DOJ get that wrong nearly every time; Federal law requires the FFL for an interstate transfer - the CA form has no use for that situation.
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Old 05-14-2013, 6:31 PM
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Thank you sir, I'm going to pm him

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  #10  
Old 05-14-2013, 6:43 PM
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I have a similar twist to this question that I don't think has been asked yet. I have done a bunch of searching.

Both my grandfather and father want to give me a couple handguns. They reside in a state where they can just hand me the gun and I reside in CA. Can they legally give me the guns and I just bring them back in the car or checked on the plane? If so what do I have to do when I get here?
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Old 05-14-2013, 6:50 PM
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Originally Posted by PapaBravo View Post
I have a similar twist to this question that I don't think has been asked yet. I have done a bunch of searching.

Both my grandfather and father want to give me a couple handguns. They reside in a state where they can just hand me the gun and I reside in CA.
no they can't. that would be a violation of federal law for a resident of one state to transfer a firearm to a resident of another.

Quote:
Can they legally give me the guns and I just bring them back in the car or checked on the plane?
nope. as mentioned above, it a federal crime for them to give you firearms when you don't live in the same state as they do. In addition, by you bringing those firearms back to your home state, you are committing an additional federal felony.


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If so what do I have to do when I get here?
as mentioned by others, they would need to ship the firearms to a CA FFL who can then transfer them to you. That is needed to be done to comply with federal law.
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Old 05-14-2013, 7:02 PM
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Thank you very much for your answer Jack. I really appreciate it.
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  #13  
Old 05-31-2013, 3:08 PM
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I have a question on this type of thing.
My Dad and I lived together for a few years and we were both into gun and 2 years back he moved up to CO and left a few of his pistols here in my safe. Recentaly I asked if you wanted them back and he said I should keep them.
So they are here in CA and he is in CO but I have the guns. What would be the correct way to get them pushed over to my name?

Any help would be awesome. I want to do things the right way to avoid any issues.
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  #14  
Old 05-31-2013, 3:22 PM
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The right way is to do the transfer through a FFL since you are now residents of different states. If the transfer was done before he moved then the intrafamilial form could have been used.
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Old 06-05-2013, 2:54 PM
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I just went to an FFL in La Mesa (Fine Firearms) to re-inquire about this same issue. After reading through the other posts and the wiki, I explained what I would like to do while I was there. The group was very helpful, and one called DoJ while I was there (they were unaware of how to do the interstate intrafamily transfer as well, at least for off-roster firearms). However, they were very much willing to help, and were also interested in the legalities.

This is what CADOJ said today:

1) The note must be there from appropriate family member saying they were giving the firearm to me as a gift (in this case, my father).
2) The firearm must ship with a 10 round mag (the one I'm getting has larger mags)
3) For an OFF-ROSTER gun: When the DROS gets filled out... this was the confusing part. The wiki currently says to write the exception as "27870PC intrafamily transfer". The DoJ said that when the FFL does the DROS, they need to transfer the gun using Pawn/return/consignment. I don't know what that looks like on the computer form. I'm sure an FFL here could clear that up a little
4) Everything else standard rules.
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  #16  
Old 06-05-2013, 5:25 PM
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Not quite correct, unless they changed things. The DROS button to use is the Curio, Relic, Exempt. It is not a return to owner.

There is an image somewhere of the DROS screen. I don't have the Windoze machine up right now to show you what it looks like.

It does not require 10 rounds magazines, but it can not have magazines with a capacity over 10 rounds, meaning no magazine are fine, as long as you have a magazine to do the HSC safety demo with.
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Old 06-06-2013, 5:21 AM
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Quote:
Originally Posted by kemasa View Post
Not quite correct, unless they changed things. The DROS button to use is the Curio, Relic, Exempt. It is not a return to owner.

There is an image somewhere of the DROS screen. I don't have the Windoze machine up right now to show you what it looks like.

It does not require 10 rounds magazines, but it can not have magazines with a capacity over 10 rounds, meaning no magazine are fine, as long as you have a magazine to do the HSC safety demo with.
Interesting. So what happens if the FFL does this transfer using pawn, return, consignment like the DoJ told them to do over the phone yesterday? Is there going to be a problem with the transfer as it happens, or maybe something further down the line?

And you're saying the handgun doesn't have to ship with a magazine at all? That's the first time I've ever heard that. Gotta love that not only are the laws excessive, but crazy confusing.
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  #18  
Old 06-06-2013, 9:47 AM
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Quote:
Originally Posted by kalimus View Post
Interesting. So what happens if the FFL does this transfer using pawn, return, consignment like the DoJ told them to do over the phone yesterday? Is there going to be a problem with the transfer as it happens, or maybe something further down the line?
That is a good question. If there is an audit it will be discovered that it was not a pawn, return or a consignment. I am not sure of what the result of that would be. I don't think it would be an issue for the buyer, but it could be for the FFL.

Since it is exempt, that is the one that should be used.

Then again, there is a problem with the current DROS system in processing multiple C&R handguns if the person has a C&R FFL and CA DOJ COE (collector) since if you select "collector" for the waiting period, the system rejects the second firearm. You can re-enter it, but then you don't get the discount. I was told to use "30 day exemption", but that does not show the 10 day waiting period exemption. The DOJ does not want to put that in writing though.

Quote:
And you're saying the handgun doesn't have to ship with a magazine at all? That's the first time I've ever heard that. Gotta love that not only are the laws excessive, but crazy confusing.
There is no law which requires that it has a magazine. I have never heard that the DOJ say that it was required. The firearm can be shipped with so-called high capacity magazines, but unless the magazines are converted to 10 rounds or less, the magazines can not be transferred to the buyer unless the buyer is exempt (LEO, for example).

What the law requires is that if you have to do the HSC safety demo, you need a magazine to do that, but there is no requirement that the magazine belong to the buyer and it is actually the case that the firearm used does not have to be the specific firearm is being transferred, an identical firearm can be used for the demo.
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  #19  
Old 06-06-2013, 10:02 AM
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Quote:
Originally Posted by kemasa View Post
That is a good question. If there is an audit it will be discovered that it was not a pawn, return or a consignment. I am not sure of what the result of that would be. I don't think it would be an issue for the buyer, but it could be for the FFL.

Since it is exempt, that is the one that should be used.

Then again, there is a problem with the current DROS system in processing multiple C&R handguns if the person has a C&R FFL and CA DOJ COE (collector) since if you select "collector" for the waiting period, the system rejects the second firearm. You can re-enter it, but then you don't get the discount. I was told to use "30 day exemption", but that does not show the 10 day waiting period exemption. The DOJ does not want to put that in writing though.
Well I'll have to relay that information, and maybe have them call the DoJ back. I obviously don't want any legal trouble for myself, but I don't want it for the FFL trying to help me out either. Especially when it seems like a lot of FFL's don't even want to touch this kind of transfer.

Quote:
Originally Posted by kemasa View Post
There is no law which requires that it has a magazine. I have never heard that the DOJ say that it was required. The firearm can be shipped with so-called high capacity magazines, but unless the magazines are converted to 10 rounds or less, the magazines can not be transferred to the buyer unless the buyer is exempt (LEO, for example).

What the law requires is that if you have to do the HSC safety demo, you need a magazine to do that, but there is no requirement that the magazine belong to the buyer and it is actually the case that the firearm used does not have to be the specific firearm is being transferred, an identical firearm can be used for the demo.
Good deal. Thanks for the information.
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  #20  
Old 06-23-2013, 2:52 AM
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Good info here thanks... And tagged
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