November 11, 2018, 09:33 PM
DMFHow to gift P239 to my CA physician daughter?
quote:
Originally posted by LS1 GTO:
As intra family I believe you can just give it to her (in person) though the magazines can only hold a 10 round max. Just remember you're gifting it to her.
She will also need to contribute to the states coffers by sending it $20 and a form telling them she received it.
You could not be more wrong with this statement. The OP, and his daughter, are not residents of the same state, and are not "licensees" (aka FFLs). Therefore federal law prohibits him from giving any firearm to his daughter. The OP must transfer the pistol through an FFL in her state of residence.
However, I don't expect anyone to just take my word on this matter. Below are links to the ATF FAQs on this matter, which reference the applicable federal statutes. You will NOT find any exceptions for "intra family" (sic) transfers.
https://www.atf.gov/questions-...-her-state-he-or-she (while the FAQ uses the term "purchased," if you check the statute citations you will see it applies to all transfers)
https://www.atf.gov/questions-...-under-gca-any-stateNovember 15, 2018, 09:01 AM
oddballquote:
Originally posted by LS1 GTO:
As intra family I believe you can just give it to her (in person) though the magazines can only hold a 10 round max. Just remember you're gifting it to her.
She will also need to contribute to the states coffers by sending it $20 and a form telling them she received it.
100% needs FFL to do the transfer, she'll have to get a Firearms Safety Certificate and fill out a 4473 CA form for the family transfer. Up until a few years ago, it was legal to just give a long gun to a family member, but no longer; now long guns have the same procedure as handguns.
November 30, 2018, 07:55 PM
FartherI think the short answer is to have your daughter contact a local FFL willing to make the transfer and follow the FFL's instructions on how to perform the transfer. My guess is that you can mail the P239 directly to the FFL either by UPS or FedEx next day air. I think the 10-day clock starts after your daughter contacts the FFL in person and not at the arrival of the gun at the FFL. Some paperwork and some small amount of money involved but not onerous. I have purchased and sold a few handguns while a resident of California. Most of the stuff about California is overblown by people who have never gone through the California process.
December 13, 2018, 06:07 AM
SilentButDeadlyThe very best thing to do is to call the CRPA (California Rifle and Pistol association @ (800) 305-2772 between 8am and 4:30pm, Monday to Friday! and ask them. The CRPA are firearm law experts and are partners with the NRA in fighting for our gun rights here in California.
Rick
https://www.crpa.orgquote:
Originally posted by aileron:
Oh boy, I was hoping it wouldn't be complicated. She may have either of my P239's; both are blued slide and frame, both are 357 Sig but I have a new, unused 40 barrel.
One is SAS, the other plain old P239.
Are you saying both guns aren't legal in California because they don't have SS slides?
I'd just give it to her and tell her it's mine if anyone asks, but she's a straight and narrow doc with a good job at Kaiser. I'm sure she'll want to do this correctly. Not exempt, and I doubt if CCW is easy to obtain in Orange County.
December 29, 2018, 10:51 AM
Legal Beaglequote:
Originally posted by Farther:
I think the short answer is to have your daughter contact a local FFL willing to make the transfer and follow the FFL's instructions on how to perform the transfer. My guess is that you can mail the P239 directly to the FFL either by UPS or FedEx next day air. I think the 10-day clock starts after your daughter contacts the FFL in person and not at the arrival of the gun at the FFL. Some paperwork and some small amount of money involved but not onerous. I have purchased and sold a few handguns while a resident of California. Most of the stuff about California is overblown by people who have never gone through the California process.
Federal law permits residents of the same state to conduct intrastate transfers provided the transfer otherwise complies with state law; it specificially excludes interstate transfers regardless of relationship. Farther and SBD are giving you some good advice: line up the FFL and ask what the licensee will require to make the transfer happen.