Intrafamilial transfer out of state - Does it have to be shipped?

[cheapie408]

in an Intrafamilial transfer from out of state between son and father, does the gun need to be shipped by carrier to an FFL or can it be brought to a CA FFL by the son and have them do the transaction?

[9Cal_OC]

Ask your local FFL

[Gryff]

Every time I’ve done it, there’s no problem with the family member being at the FFL in person

[hermosabeach]

+1

Ask your local FFL

I have heard that some FFL want a simple letter= an attestation - as to the relationship between parent and child.


Others want the relationship document notarized...

So chat with the FFL...

[cheapie408]

I'm within somewhat drivable distance to my father and since the holiday is around the corner thinking of bringing it with me. Wasn't sure if I'm able to without going through UPS or USPS.

Sounds like there is no law to how it gets to the FFL, it's just up to the FFL what they need. Thank you, I'll call around.

[Gryff]

Sounds like there is no law to how it gets to the FFL, it's just up to the FFL what they need.

That's how I read it. But keep in mind that if your parent gives you physical possession of the gun before the transfer through an FFL, it is my layman's understanding of the law that this is illegal (you can't loan a gun to a resident of another state).

So carrying it into the FFL to start the transfer without the parent present (even though you have a letter from the parent stating that it is a gift) might or might not be an issue for the FFL.

[cheapie408]

Yah if i do this im driving it straight to the ffl and he can meet me there. Good suggestion!

[Quiet]

I'm within somewhat drivable distance to my father and since the holiday is around the corner thinking of bringing it with me. Wasn't sure if I'm able to without going through UPS or USPS.

Sounds like there is no law to how it gets to the FFL, it's just up to the FFL what they need. Thank you, I'll call around.

That's how I read it. But keep in mind that if your parent gives you physical possession of the gun before the transfer through an FFL, it is my layman's understanding of the law that this is illegal (you can't loan a gun to a resident of another state).

So carrying it into the FFL to start the transfer without the parent present (even though you have a letter from the parent stating that it is a gift) might or might not be an issue for the FFL.

The transferor of the firearm (non-resident that gifts) needs to be the person that delivers the firearm to the CA FFL dealer for transfer.

The transferee (resident that receives) cannot legally deliver the firearm to the CA FFL dealer for the transfer.
^If the transferee has physical possession of the firearm, then that would be an indication that Federal laws have been violated by the transferor [18 USC 922(a)(5)] and by the transferee [18 USC 922(a)(3)], which results in Federal felonies for both the transferor and transferee [18 USC 924(a)(1)(D)].

[edgerly779]

^^^ More fud from FFL . Has to go thru FFL.

[BAJ475]

^^^ More fud from FFL . Has to go thru FFL.

Yep, has to go through FFL to comply with federal law.

[RickD427]

The transferor of the firearm (non-resident that gifts) needs to be the person that delivers the firearm to the CA FFL dealer for transfer.

The transferee (resident that receives) cannot legally deliver the firearm to the CA FFL dealer for the transfer.
^If the transferee has physical possession of the firearm, then that would be an indication that Federal laws have been violated by the transferor [18 USC 922(a)(5)] and by the transferee [18 USC 922(a)(3)], which results in Federal felonies for both the transferor and transferee [18 USC 924(a)(1)(D)].

^^^THIS^^^

Additionally, please note that Penal Code section 27585 would be violated if the OP, as a California resident, brings the weapon to a California FFL. There is a felony penalty if the weapon is a handgun.

[Gryff]

The last time and the easiest, I called the FFL I used the second time to how they handle in-person intrafamilial transfer and was told that if my father gave me the firearm in California, even though he resides out of state, all I need to do is register the transfer through CFARS and pay the DOJ fee online, no FFL needed.

That is massively, completely, and utterly wrong. Unfortunately, that is frequently misinformation provided by California FFLs.

If the ownership crosses state lines, it must be processed through an FFL. The California CFARS process is ONLY for when both family members are California residents.

[Quiet]

The last time and the easiest, I called the FFL I used the second time to how they handle in-person intrafamilial transfer and was told that if my father gave me the firearm in California, even though he resides out of state, all I need to do is register the transfer through CFARS and pay the DOJ fee online, no FFL needed.

Once you submit, the firearm is yours, but the formal approval can take some time. I believe it was a couple of months before I received the letter back.

This does not comply with Federal laws and documents when both parties (the non-resident of CA and CA resident) have committed Federal felonies.

CA DOJ BOF only cares about compliance with CA laws/regulations and will often give advice that does not account for Federal laws.

In addition, in the past, CA DOJ BOF has provided documentation of violations of Federal laws to BATFE for prosecution of those violations.

The Report of Intra-Familial Transfer is only legal when both immediate family members are CA residents and simply documents the violations of Federal laws if both immediate family members are not CA residents.

[ronlglock]

I have heard that some FFL want a simple letter= an attestation - as to the relationship between parent and child.
Others want the relationship document notarized...

So chat with the FFL...

The attestation + driver license copy needs to be filed with the CA paperwork, so required no matter what. Watch out for hicap mags!

What he says about the notarization, although I have never heard of it. Your FFL is the guiding light here.

[ronlglock]

Intrafamilial transfer out of state - Does it have to be shipped?

Delete