|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
December 3, 2011, 08:51 AM | #1 |
Member
Join Date: November 30, 2011
Posts: 91
|
Shipping a hand gun from state to state
I want to send/give my daughter a gun for Xmas. It was purchased new by myself. Am I breaking any laws shipping her the gun? Colorado to California.
Walther PK380. |
December 3, 2011, 09:16 AM | #2 |
Senior Member
Join Date: February 21, 2010
Location: Rome, NY
Posts: 941
|
You definitely are breaking the law. It must go from and FFL in your state to an FFL in her state. She'll have to jump through any hoops the Californians have established for its subjects.
|
December 3, 2011, 09:17 AM | #3 |
Senior Member
Join Date: February 10, 2010
Posts: 720
|
A transfer of a firearm requires that the firearm be shiped to a FFL holder in that state your daughter lives in. She will have to go through the background check, etc and fill out the 4473 form. Not a huge deal.
|
December 3, 2011, 09:29 AM | #4 |
Member
Join Date: November 30, 2011
Posts: 91
|
So what if I gave it to her here and she drove home with it?
|
December 3, 2011, 09:29 AM | #5 |
Senior Member
Join Date: June 24, 2008
Posts: 2,607
|
I think there are some Federal exemptions for direct transfers from parent to child, but I'm not going to look them up because you've got a different set of issues because your daughter is in CA.
She'll have to have a CA handgun license. http://ag.ca.gov/firearms/hscinfo.php I'm pretty sure you can't send in a handgun that isn't on the CA approved list. http://certguns.doj.ca.gov/ And you'd have to send it to a CA FFL. Shop around, FFL fees in CA are steep. You would probably be better off arranging to have a CA FFL order a gun that is on the CA list and having her pick it up there, saving you handgun shipping, which is expensive, and FFL fees. Good luck. |
December 3, 2011, 09:35 AM | #6 |
Member
Join Date: November 30, 2011
Posts: 91
|
I am so glad I left that state when I did.
|
December 3, 2011, 09:46 AM | #7 |
Member
Join Date: November 30, 2011
Posts: 91
|
Thanks for the info gentleman.
|
December 3, 2011, 10:58 AM | #8 | |
Senior Member
Join Date: December 29, 2004
Posts: 3,351
|
Quote:
The only real exception is that if you bequest a gun the receiver can come ad get it from the executor of the estate. But since you are not dead it is not a bequest. You need to find an FFL in her state to accept the gun and then transfer it to her. |
|
December 3, 2011, 11:23 AM | #9 | |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
|
Quote:
|
|
December 3, 2011, 11:34 AM | #10 |
Senior Member
Join Date: May 8, 2000
Location: SLC,Utah
Posts: 2,704
|
brickeye is correct - there is no federal exemption for interstate transfers with family members. A handgun must be transferred to your daughter by a FFL in her state of residence. There is no federal requirement that you must have a FFL in your state ship it to a FFL in her state of residence- some states require it (I don't believe either CO or CA is one of them) and some FFLs have a policy to only accept firearms from another FFL since many times a non-FFL sends the firearm with insufficient information for the FFL to log it into his bound book (a distinct problem), but there are no federal legalities preventing you personally from shipping it to a CA FFL.
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. You cannot legally just give it to her when she's visiting you and she cannot legally transport it home to her state without a transfer through a FFL. 18 USC 922 - http://codes.lp.findlaw.com/uscode/18/I/44/922 - is the controlling federal statute. You and/or she will have to research the CA laws regarding the importation into the state of the particular handgun or long gun you have in mind - http://www.calguns.net/ is a valuable resource in this regard. The legalities and carrier policies of shipping a firearm to another state is a subject unto itself. |
December 3, 2011, 12:17 PM | #11 |
Staff
Join Date: September 25, 2008
Location: CONUS
Posts: 18,468
|
This same question was recently discussed in another thread: http://thefiringline.com/forums/showthread.php?t=469204
|
December 3, 2011, 09:35 PM | #12 | |||||
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
|
[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:
Quote:
Quote:
Quote:
Quote:
|
|||||
December 5, 2011, 11:20 AM | #13 | |
Senior Member
Join Date: February 18, 1999
Location: Concord, CA, USA
Posts: 726
|
Quote:
Parent to child transfers are exempt from the Handgun Safety Roster. Be sure that the receiving FFL knows that it is a parent to child gift. |
|
December 5, 2011, 12:18 PM | #14 | ||
Staff
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
|
Quote:
What is important, however, is that whatever you choose to call the HSC, the daughter will have to have one to take possession of the handgun. They're easy enough to get, but under California law she will still need to take the test, pay the fee and get the HSC before she can lawfully receive the handgun. |
||
December 6, 2011, 04:13 AM | #15 |
Senior Member
Join Date: June 24, 2008
Posts: 2,607
|
Point A: I should have known better than to even mention a regulation in passing unless I had thoroughly researched it. There's some regulation somewhere that allows or allowed some special treatment when transferring a firearm from grandfather/father - child, but I didn't remember exactly where it applied. Possibly it's the apparent exemption to the Approved Handgun List. Mea Culpa.
Point B: You have to pass a test and pay a fee to get a California Handgun Safety Certificate. You can't get a handgun in CA without one. Quibbling over whether or not that's a "license" is hair splitting. |
|
|