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Question for Cali members: Can I gift M&P Shield to my sister? Login/Join 
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posted
I took my sister to Turners in West Covina, CA this afternoon (Im visiting from Vegas). She want to purchase a M&P shield. I told her I have one in Vegas, that I want to give her. Aside from looking at the Shield on their shelf, I ask the staff if:

A. I can send my M&P shield to their store via FFL from Vegas to their store. His answer was “we dont do that. Good luck finding a place as California only do a Person to Person transfer”. I am confused as I remember selling my 1911 Springfield Professional to someone from Cali many years ago. Though things may have changed.

B. Can I gift to my sister through that intra-familiar route? The gun counter guy said “intra-familiar is only for parents to children and the other way around. But not to brothers/sister”.

C. Is M&P Shield on the roster? (The one they have have a HUGE billboard in WHITE letters
Something about loaded chamber indicator). Mine dont have that.

I just want to give/gift my M&P Shield to my sister in Cali.


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Posts: 1886 | Location: Las Vegas | Registered: November 05, 2003Reply With QuoteReport This Post
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No you can't gift to a sister. Would have to a be a parent or child.

The S&W Shield (some models) are on the California Roster of OK to purchase handguns from a retail store.
 
Posts: 1347 | Location: Escaped California...Now In Sunny, Southern Utah | Registered: February 15, 2003Reply With QuoteReport This Post
goodheart
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I would call a local gun shop; Turners is not AFAIK known for great customer service by reputation.

Because the Shield (NOT the newer versions such as the 2.0, the Plus or the E-Z) is on the CA roster, you should be able to gift it to your sister.

For handguns NOT on the roster, one can only do gifting between parent and child. That's my recollection, I've been looking this up lately.

It should be possible to do a face to face transaction at an FFL for any handgun on the roster; you would just have to bring in your Shield. Your sister would have to pass the test to get a handgun safety certificate or whatever it's called these days.


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Posts: 18068 | Location: One hop from Paradise | Registered: July 27, 2004Reply With QuoteReport This Post
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As an alternative, you can gift your Shield to either of your parents through an intra-family transfer and they can then gift it to her...assuming they all live in CA




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Posts: 14184 | Location: northern california | Registered: February 07, 2003Reply With QuoteReport This Post
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I will check the SKU number from the box of my older Shield to be sure it is on the roster. If it is, then I can do a face to face transfer (if we find a FFL in Cali), even if I am a Nevada resident?

The pistol we looked at cost $520 + tax and $42 background check. She already have that Handgun Safety Certificate (HSC). My Shield is practically brand new. I just want to give it to her so she dont have to spend money.


quote:
Originally posted by sjtill:
I would call a local gun shop; Turners is not AFAIK known for great customer service by reputation.

Because the Shield (NOT the newer versions such as the 2.0, the Plus or the E-Z) is on the CA roster, you should be able to gift it to your sister.

For handguns NOT on the roster, one can only do gifting between parent and child. That's my recollection, I've been looking this up lately.

It should be possible to do a face to face transaction at an FFL for any handgun on the roster; you would just have to bring in your Shield. Your sister would have to pass the test to get a handgun safety certificate or whatever it's called these days.


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Posts: 1886 | Location: Las Vegas | Registered: November 05, 2003Reply With QuoteReport This Post
Ammoholic
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quote:
Originally posted by 9mmepiphany:
As an alternative, you can gift your Shield to either of your parents through an intra-family transfer and they can then gift it to her...assuming they all live in CA

Do they have to live in CA to do an intra-family transfer? It has been a few years, but I thought a buddy of mine was given the Glock 43 by his daughter who was living in Wyoming at the time. Curious...

ETA: Here's the link for the form. When my wife inherited firearms from her dad, she filled these out and submitted. There is nothing there about the giver being a resident, but if the giver isn't, the transfer may have to go through an FFL due to federal law?
 
Posts: 6919 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
Casuistic Thinker and Daoist
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quote:
Originally posted by slosig:
quote:
Originally posted by 9mmepiphany:
As an alternative, you can gift your Shield to either of your parents through an intra-family transfer and they can then gift it to her...assuming they all live in CA

Do they have to live in CA to do an intra-family transfer? It has been a few years, but I thought a buddy of mine was given the Glock 43 by his daughter who was living in Wyoming at the time. Curious...

ETA: Here's the link for the form. When my wife inherited firearms from her dad, she filled these out and submitted. There is nothing there about the giver being a resident, but if the giver isn't, the transfer may have to go through an FFL due to federal law?

The whole point of a intra-family transfer is that one lives out of state. It has to go through a CA FFL and he is allowed to charge a fee...that isn't regulated (that's why you shop around for a reasonable FFL first)

If both people are CA residents, they would do a inter-family transfer...which is just a form you fill out and mail in; plus the $19 fee (?)

Inheriting firearms is a whole different ball of wax which my knowledge doesn't extend deeply into enough to give advice




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Posts: 14184 | Location: northern california | Registered: February 07, 2003Reply With QuoteReport This Post
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Use the gun broker ffl list, https://www.gunbroker.com/ffl/index put in her zip code and it will give you a list of FFL's that do transfers and their fees.

You might get more information at Calguns.net regarding the do's n don'ts of CA and gun transfers, might even find an FFL there that can do the deal.
 
Posts: 23448 | Location: Florida | Registered: November 07, 2008Reply With QuoteReport This Post
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I am not a Californian, but I am that rare breed to 01 Federal Firearms Licensee who does ship firearms to California.

On the inter-family transfers being discussed...

You can only transfer a firearm to a person who is resident in the same state as you. This applies to everyone, even when parents gifting a gun to a now-adult child.

If the gun crosses state lines, it must be transferred to the recipient via a federal firearms licensee in the recipient's state of residence.





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Posts: 31441 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
Ammoholic
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quote:
Originally posted by 9mmepiphany:
The whole point of a intra-family transfer is that one lives out of state. It has to go through a CA FFL and he is allowed to charge a fee...that isn't regulated (that's why you shop around for a reasonable FFL first)

If both people are CA residents, they would do a inter-family transfer...which is just a form you fill out and mail in; plus the $19 fee (?)

Inheriting firearms is a whole different ball of wax which my knowledge doesn't extend deeply into enough to give advice

I’ve never heard of an inter-familial transfer. Maybe I have intra and inter mixed up, but I thought intra meant within (as in intramural sports at one school) and inter meant between, like intercollegiate sports between different schools.

I’d think an inter-familial transfer would just be a PPT, or private party transaction which is also not subject to the CA DOJ Roster, but the firearm already has to be in CA legally.

Okay, did a little more searching. First result was from a lawyer say “paperless transactions” (non-FFL) were legit between some family members as long as both parties were CA residents. Second was the DOJ form I posted earlier. The third was the below CalGuns wiki page.

http://wiki.calgunsfoundation...._Some_Family_Members

Right off:

“Intrafamilial transfer is easy and FFL-free for proper family members - grandparents, parents, and children - who all are California residents.
Intrafamilial transfers from out of state residents to California residents are ordinarily legal, but Federal law requires the transfer occur through a California FFL.”

That ties in with my understanding. The page has a lot of information. It does point out that while an intrafamilial transfer from out of state requires an FFL (and that probably means two, because only a CA DOJ approved FFL can ship a gun into CA - stupid CA laws…) it still is exempt from the CA DOJ roster.

The page mentions the up to parent down to sibling approach as a “perilous workaround” and it sounds like it is considered a sham transaction if one looks at the linked post. Something to do with the legal principle of looking at multiple transactions in the aggregate (collapsing several transactions to get to the end result). If that collection of transactions together isn’t legit as a single transaction, then breaking it into separate transactions doesn’t make it okay. I think this is sometimes called the step transaction rule.
 
Posts: 6919 | Location: Lost, but making time. | Registered: February 23, 2011Reply With QuoteReport This Post
Casuistic Thinker and Daoist
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quote:
Originally posted by slosig:
I’ve never heard of an inter-familial transfer. Maybe I have intra and inter mixed up, but I thought intra meant within (as in intramural sports at one school) and inter meant between, like intercollegiate sports between different schools.

I’d think an inter-familial transfer would just be a PPT, or private party transaction which is also not subject to the CA DOJ Roster, but the firearm already has to be in CA legally.


I'm not an FFL, I've only done transfers with an FFL

Intra refers to within the family bloodline. That's why it is between parent and child or grandchild, but not siblings.
Inter refers to within the family...husband to wife,between siblings; the paperwork and fee schedule is different
PPT is between any two legal parties and the fees are regulated

quote:
The page mentions the up to parent down to sibling approach as a “perilous workaround” and it sounds like it is considered a sham transaction if one looks at the linked post. Something to do with the legal principle of looking at multiple transactions in the aggregate (collapsing several transactions to get to the end result). If that collection of transactions together isn’t legit as a single transaction, then breaking it into separate transactions doesn’t make it okay. I think this is sometimes called the step transaction rule.

How would that differ from a private party legally purchasing an off-roster handgun and then later reselling it or gifting it to someone else?




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Posts: 14184 | Location: northern california | Registered: February 07, 2003Reply With QuoteReport This Post
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