Parents live in Napa, California and I live in Washington State. My step father is now 80 years young and wants me to take possession of the .38 Revolver. I’m not familiar with California state gun laws but figure I need to default to a LGS FFL or other California FFL to have the pistol transferred out of state to me. Not even sure how many forms even need to be completed in California. Ultimately, this firearm would be given to one of my children so I want to make sure the transfer is legal.

I assume I’d need to drive my step father to the FFL, have him complete/sign the paperwork, pay the fee and then await its arrival to my FFL in Washington State? I also assume I'd have to furnish a container for the firearm to be transferred in as well?

If someone has done something similar out of California I’d appreciate your advice. Thanks.

You are correct, have it shipped from a California FFL to a Washington FFL, where you go to do the Washington process for a transfer.

The shop you take it too should provide the container and packing materials, probably bubble wrap and a USPS Priority Mail medium box.

If you want to be nice, bring both, but with the box open and the contents accessible, as the CA FFL must record the manufacturer, place of manufacture, importer and place of importation (if any), model, serial number, type, and caliber.

Have the CA FFL send it insured.

He could sell it in California at a premium price.

Your dad may have to fill this out and mail it in.

Read Section D

https://oag.ca.gov/sites/all/f...46-nlip-09-2016.pdf?

This use to be the form needed to transfer intrastate in the blood lines.

https://oag.ca.gov/sites/all/f...rms/forms/oplaw.pdf?

This message has been edited. Last edited by: ontmark,

'Or', assuming you're not contemplating selling it, you could just pick it up on your next visit and the both of you keep your mouth's shut.

Actually, much of what you need to know and do is determined by YOUR state of residence. Your step father is not required by CA to use a FFL to send a firearm so he can personally send the firearm to "your" FFL via overnight FedEx or UPS. He must also file a "no longer in possession" form with CA.

This brings us to "your" FFL. Some will not accept firearms sent to them by out of state individuals, others will. Check and see what your FFL (or state) requires. Your step father may also have to include a letter of intent as well as a copy of his DL. Just depends.

quote:

Originally posted by bigdeal:
'Or', assuming you're not contemplating selling it, you could just pick it up on your next visit and the both of you keep your mouth's shut.

Seriously?
He doesn't know what's required, and you're advocating breaking federal law?

Sig Marine is right that your father can ship UPS or FedEx overnight (overnight is required by their tariffs or any insurance is null and void) to an FFL in WA (assuming the FFL acccepts from private parties). An FFL can ship to an FFL using USPS (an option not available to us mere mortals [illegal]) which can make it less expensive to take to an FFL to ship than shipping yourself. UPS next day air saver helps some if shipping himself.

I'm not an expert on the Federal BATFE rules, but I believe that bigdeal's (perhaps tongue in cheek) suggestion would violate one or more of those, leaving aside Kommiefornia insanity.

quote:

Originally posted by stoic-one:

quote:

Originally posted by bigdeal:
'Or', assuming you're not contemplating selling it, you could just pick it up on your next visit and the both of you keep your mouth's shut.

Seriously?
He doesn't know what's required, and you're advocating breaking federal law?

I'm suggesting he and his family deal with things between themselves given its 'their' property. I'm not suggesting he build an SBR, hang a can on it, and head to the range, all without the requisite tax stamps, flaunting his contempt for federal law and asking to be made an example of.

We've become so prone to simply knuckling under to what others (i.e. politicians) call the law that common sense doesn't even seem to enter the equation anymore. I have several guns acquired from relatives over the years that are none of the damn business of anyone but us.

quote:

Originally posted by bigdeal:

quote:

Originally posted by stoic-one:

quote:

Originally posted by bigdeal:
'Or', assuming you're not contemplating selling it, you could just pick it up on your next visit and the both of you keep your mouth's shut.

Seriously?
He doesn't know what's required, and you're advocating breaking federal law?

I'm suggesting he and his family deal with things between themselves given its 'their' property. I'm not suggesting he build an SBR, hang a can on it, and head to the range, all without the requisite tax stamps, flaunting his contempt for federal law and asking to be made an example of.

We've become so prone to simply knuckling under to what others (i.e. politicians) call the law that common sense doesn't even seem to enter the equation anymore. I have several guns acquired from relatives over the years that are none of the damn business of anyone but us.

Mkay, and normally I wouldn't think that much of it, but the gun is in CA, which changes the amount of risk involved, especially if CA knows he has it...

quote:

Originally posted by stoic-one:
Mkay, and normally I wouldn't think that much of it, but the gun is in CA, which changes the amount of risk involved, especially if CA knows he has it...

Maybe, but I doubt it. Cali LE agencies are too busy warring with the federal government right to have the interest or resources to chase stuff like this. Hand it off, don't speak of it, and forget about it. Again, I'm not advocating the op carry an AR15 into the capitol building, as the outcome of that behavior would be guaranteed. This, at least to me, is a different issue.

When my uncle passes I will get several firearms some pistols some rifle. He gave them to me as a gift he is just holding them for me.

I too wonder why people would want to pay someone to record serial numbers of something their dad gave them... Just accept the gift.

I'm only asking because the question hasn't been answered.

DOES CA know he has it?

If not, none of my business.

quote:

Originally posted by stoic-one:
I'm only asking because the question hasn't been answered.

DOES CA know he has it?

If not, none of my business.

Unknown. I have no idea how he acquired it or when. To this day, I haven't seen it and only heard about it recently.

In CA, if it went through a waiting period, Dealer Record of Sale (DROS), then the state has a record of it. Simple question to ask him, did he fill out a 4473 and have to wait for it (10 days).
If not, then you are probably free to handle as you please. It's not "really" legal as has already been pointed out, up to you and your risk aversion.
If yes, then you are probably better off doing an FFL->FFL interstate transfer, and have him fill out the first form linked by ontmark.

I am not a lawyer.

I decided to sell a couple of guns on gunbroker, so I contacted my FFL and asked about it. He said if the buyer's FFL is willing to accept from a non-FFL, I could just ship it to the buyer's FFL. I sold one to a California resident in southern California, and one to a resident of TX. The paperwork was done by the buyers' FFLs, and they even sent me documentation showing I was no longer the registered owner.

quote:

Originally posted by stoic-one:

quote:

Originally posted by bigdeal:
'Or', assuming you're not contemplating selling it, you could just pick it up on your next visit and the both of you keep your mouth's shut.

Seriously?
He doesn't know what's required, and you're advocating breaking federal law?

Well, stoic, given your own signature line.....

I have on a couple occasions sold guns to members in another state. In in case it was a rifle. I took it to USPS, already sealed in a box that contained a copy of my DL, and shipped it myself to the receiving FFL. For the pistol, I took it to a FFL and they shipped it. Sendbin the CALDOJ form stating I no longer have the firearm and that's it. Remember, this state wants guns gone so why would they make it difficult?

If it was going to relative in another state and they happened to be visiting me and said they could take it back to their home state in person than that's good enough for me. They could take it and I'd file the same form.

quote:

Originally posted by synthplayer:
I decided to sell a couple of guns on gunbroker, so I contacted my FFL and asked about it. He said if the buyer's FFL is willing to accept from a non-FFL, I could just ship it to the buyer's FFL. I sold one to a California resident in southern California, and one to a resident of TX. The paperwork was done by the buyers' FFLs, and they even sent me documentation showing I was no longer the registered owner.

What he said.

It is really the law of the receiving state that prevails in the transaction.

California could care less if it left the state.

I purchased a used S&W revolver from a Long Beach CA Police Sargent in the late 1970’s
He turned in a field info card on me and weapon to his department he sold me.

This was back in the later seventies.

It was stolen in a residential burglary in 2009.

I turned a no longer in possession CA DOJ Form on it.

https://oag.ca.gov/sites/all/f...46-nlip-09-2016.pdf?

I received a letter back from the California DOJ that the no longer in possession was rejected because there was no record with them that I owned it.

A lot of firearms were sold legally at gun shows and between private parties back then. There probably is no real record of them in CA DOJ System.

Your dad can file this form and find out what is registered and in his name.

https://oag.ca.gov/sites/all/f...SPrivateCitizen.pdf?

Does he ever travel to your state to visit you?

If so, I think that he could bring it with him and you could both go to an FFL in your state and do the transfer on the spot.