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Old December 3, 2011, 09:35 PM   #12
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 6,920
[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL.

[2] In the case of handguns, it must be an FFL in the transferee's State of residence. (In the case of a handgun being transferred to a transferee in California, the handgun must generally be on the California roster of handguns approved for sale. BUT there's an exception under California law for an intrafamilial transfer. The rub is that some California FFLs don't understand how that works. The transferee will need to find a California FFL who understands this. A letter should accompany the gun when sent to the FFL for transfer identifying the relationship between the transferor and transferee, noting the serial number of the gun and that it's a gift. Calguns.net is a good resource for more detailed information.)

[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer is in compliance with the laws of the State in which it takes place; and (3) the transfer complied with the law of the transferee's State of residence.

[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

Quote:
Originally Posted by lockinload
...So what if I gave it to her here and she drove home with it?...
You would be committing a federal felony by violating 18 USC 922(a)(5), and your daughter would be committing a federal felony by violating 18 USC 922(a)(3).

Quote:
Originally Posted by lockinload
...I am so glad I left that state when I did....
Actually, the major complications are a result of federal law, not California law. If you were still a resident of California, since your daughter is a resident of California, you could just hand her the gun; and she would simply need to file a form with the California DOJ. But since this is a transaction involving residents of two different States, federal law makes things much more complicated.

Quote:
Originally Posted by natman
I think there are some Federal exemptions for direct transfers from parent to child,...
No! There is no is not such exemption under federal law.

Quote:
Originally Posted by natman
...I'm pretty sure you can't send in a handgun that isn't on the CA approved list...
A parent to child transfer is exempt from the roster. The trick is finding a California transfer FFL who understands this.

Quote:
Originally Posted by Don H
...A long gun can be transferred to your daughter by a FFL in Colorado. Verify that it is not an "assault weapon" under CA law...
No, not if the transferee is a resident of California. Federal law (18 USC 922(b)(3)) requires that the transfer comply with the laws of both the State in which the transfer takes place and the State in which the transferee lives. As a practical matter, the transfer laws of California are such that the Colorado FFL would not be able to satisfy them.
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