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Like a party in your pants |
My daughter used to live here in Chicago. She has her IL. FOID card. She moved to California several years ago. Originally she took her S&W M&P 9mm with her. I bought her 4, 10 round mags at the time because I knew the stock "hi Cap" mags were not allowed in Cali. She drove the gun to cali when she moved. During the Covid outbreak we had her return to Chicago until everything settled down, she drove back to Chicago with her gun and left all her furniture and possessions in LA. About a 2 years ago she took a job in Napa Ca. now she wants her gun back. She could wait for us to fly there and then bring the gun with us or she could get it next time she returns to Chicago for a visit. Shipping the gun to her seems like it would be very expensive, I figure $100 for UPS and $50 for a transfer dealer. What are my options? Have the gun laws changed in CA in regards to mag capacity? How about CCW permits? | ||
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Oriental Redneck |
Use your FFL dealer to ship USPS. Much cheaper. Q | |||
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The Unmanned Writer |
Send her the magazines in the mail. Ship the gun from an FFL to an FFL. Make sure it is on the approved roster list first or it is likely to disappear. And tell her not to worry about a CCW at this time. Life moves pretty fast. If you don't stop and look around once in a while, you could miss it. "If dogs don't go to Heaven, I want to go where they go" Will Rogers The definition of the words we used, carry a meaning of their own... | |||
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Get Off My Lawn |
Unless things changed recently, I remember intrafamily transfers (father to son/daughter to mother to grandparent) of non-roster handguns is completely legal , even from state to state. Reason why a good portion of non-roster handguns exist in CA. "I’m not going to read Time Magazine, I’m not going to read Newsweek, I’m not going to read any of these magazines; I mean, because they have too much to lose by printing the truth"- Bob Dylan, 1965 | |||
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Member |
Since she owns the pistol, why can't it be shipped directly to her? | |||
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Ammoholic |
That is an interesting question. It is her pistol. Was it registered when she was in CA before? It would seem like if it was registered to her that logically she should not have to worry about the roster, but logic and CA firearms laws have little in common. Crud. Just checked, and while the M&P9Shield is on the roster in many colors (yes, CA is that stupid/greedy), it appears that the full-size M&P9 is no longer on the roster. I do know from purchasing handguns and having them shipped to an FFL in CA that the firearm has to be shipped by an FFL that is approved to ship into CA. See https://oag.ca.gov/firearms/cflcoverview for more details. It isn’t a hugely onerous process, but I have run across several FFLs in other states who refuse to deal with CA’s nonsense. Can’t say I blame them. Hopefully someone more up on the laws can speak to the legality of you bringing her gun and handing it to her. I don’t believe you (as a nonresident) could legally gift it to her without involving an FFL, but maybe as it is her property it is legal for you to transport it for her and hand it to her. I don’t know. If it were your gun that you wanted to give to her, you could get around the CA roster through the use of an Intra Familial Transfer (See https://www.calguns.net/calgun...thread.php?t=1058641 for a useful discussion, and https://www.fritzchinffl.com/ift for an example of one FFL that doesn’t appear to be afraid to handle an IFT.) In choosing the FFL to use in CA, be sure that they know what you want to do and know how to do it right. There are plenty of CA FFLs that are scared enough of the DOJ that they will refuse to do anything that is not plain vanilla and I wouldn’t assume that a CA FFL is willing (or knows how) to correctly handle an Intrafamilial Transfer. One local FFL (who is otherwise great) won’t do more than one firearm on a DROS (Dealers Record of Sale) or 4473 because his inspector doesn’t like them. Sigh… Good luck to you in your quest to get the pistol to her! Mag capacity laws have not (yet, come on Bruen) changed in CA. The Attorney General has advised all sheriffs to drop the Good Cause statement from the application. CCWs are issued by the county sheriff. Some are effectively “NO issue”, some are effectively “Shall Issue” and some fall in between. I don’t know where Napa county falls on the spectrum. Just the other day I got an alert from CRPA (California Rifle & Pistol Association, the state NRA affiliate) asking for money because “SB 918 (CA Senate Bill 918) Must Be Stopped!” Apparently the rocket scientists in Sacramento have decided that they’re going to make pretty much everywhere a “sensitive area” where one’s License To Carry (LTC, or CA-speak for CCW) is invalid. This not too long after the CA Attorney General “accidentally” published personal information of all LTC holders on a dashboard on his website. Gee, if one didn’t know better they might think that the GDCs in Sacramento were against guns… | |||
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Member |
I don't know what part of California your daughter lives in, but shipping to a FFL is the only safe way to keep yourself out of trouble. Intra-Familial Firearm Transactions are only legal if *BOTH* the parent and son/daughter are legal residents of California. Out of state Intra-Familial are not valid and you will be acting against the law here. As soon as your daughter fills out the Intra-Familial Firearm Transaction here, then the transaction may be flagged. You can ship a firearm to a FFL in California, but UPS or FEDEX will ask to see the copy of the FFL License of the person that you are sending it to. They will not ship the firearm without seeing the license. Shipping a handgun USPS is not allowed. Anyway, carrying a handgun on to USPS property is a violation of the law. So, as someone has said, the fastest, maybe not the cheapest, is to take the handgun to a local FFL and have that FFL ship the gun to a CA FFL. If the magazines are greater than 10 rounds, then remove the magazines before shipping. Otherwise, the CA FFL will not give the magazines to you. In addition, when a firearm is shipped to CA, the FFL receiving the firearm will ask for a "value" of the firearm. Your daughter will be required to pay "TAX" based on the value... In addition to the transfer fee, which may be about $80.00. Also, the firearm cannot be handed over until the receiving person has a CA Firearm Safety Certificate. And the 10 day wait. The Roster does not apply to private transactions. The Roster does apply to *retail* transactions. That is why off Roster handguns here command premium prices... a P938 can fetch 1500.00 here... Anyway, I hope this helps. | |||
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The Unmanned Writer |
Both need to be residence of the state or, daughter goes to dad (or vice versa) and physically brings weapon into the state. Mum’s the word then about dad not being a resident when daughter files p-work (not recommended IMHO) with goobermint overlords. Life moves pretty fast. If you don't stop and look around once in a while, you could miss it. "If dogs don't go to Heaven, I want to go where they go" Will Rogers The definition of the words we used, carry a meaning of their own... | |||
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The Unmanned Writer |
Pretty sure roster applies when firearm is coming from out-of-state. Life moves pretty fast. If you don't stop and look around once in a while, you could miss it. "If dogs don't go to Heaven, I want to go where they go" Will Rogers The definition of the words we used, carry a meaning of their own... | |||
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Member |
"She moved to California several years ago. Originally she took her S&W M&P 9mm with her." "During the Covid outbreak we had her return to Chicago until everything settled down, she drove back to Chicago with her gun and left all her furniture and possessions in LA. About a 2 years ago she took a job in Napa Ca. now she wants her gun back." The OP isn't trying to transfer a gun to his daughter, he's trying to get her property back to her. I don't know how it changes things being California, but it wouldn't be a transfer if the gun is hers to start with. The water in Washington won't clear up until we get the pigs out of the creek~Senator John Kennedy | |||
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Member |
Agreed, but also gotta C.Y.A.! If she originally had it registered in CA (as required) to herself the best option is for her to take the road trip and transport it herself. The holiday's are coming up which make for an excellent opportunity! My wife is from Chicago (northern suburbs actually() and from what I hear from her dad, gun laws are just as bad in that area. “Everybody's got plans...until they get hit.” Mike Tyson | |||
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Member |
There’s a Calgun forum for CA and lots of information can be found there etc as the commie state gun laws change almost monthly. | |||
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Member |
I don't believe that's true. I did four of these in the past year from my son, who's out of state. I have the DOJ letter stating the transaction was legit. As for the OP, I think you or the daughter can fly with the weapon. The airline won't care about the legality of ownership, just that it's traveling safely and within the rules. Looks like your daughter is the original owner and presumably purchased the gun when she lived in CA, the little hiatus during Covid to Chicago I think is a moot point. BTW, I'm not a lawyer. P229 | |||
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Oriental Redneck |
Yes, calguns.net A lot of "I think" and "I don't think" here that don't serve the OP well, imo, especially when it comes to guns and Kali. Get it right and avoid potential trouble with the GDCs. Btw, for the purpose of shipping that is not costly, my original reply above is all good. Q | |||
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Member |
If it is her pistol, registered to her, it can be shipped and she has 30 days to register it in Cali. A FFL does not need to be involved at all. She can register it by sending in the paperwork. Handguns to FFLs have to go overnight air, but if it is her gun that rule might not apply. 10 round mags, unless she had them in the state during Freedom Week, when we could buy anything we wanted. This was three years ago. CCW, now available to all law abiding residents in all counties of Kalifornia. -c1steve | |||
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Get Off My Lawn |
You are 100% correct. In CA, out of state intrafamily transfers (interstate) are completely legal, and with off-roster handguns too. Has to go thru FFLs on both ends, and only involve parent/child/grandparents, no OPLAW forms needed, which are required if both family members reside in CA (but no FFLs needed).
I agree. If she is the legal owner, she can check it in on a flight. "I’m not going to read Time Magazine, I’m not going to read Newsweek, I’m not going to read any of these magazines; I mean, because they have too much to lose by printing the truth"- Bob Dylan, 1965 | |||
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