So a friend (CA resident) has been offered to be gifted an off-roster handgun by a relative who resides in another state. The nature of their relationship is such that it would be considered an interfamilial transfer (child to parent, parent to child, grandparent to grandchild, grandchild to grandparent), and thus exempt from the CA roster. He said he was planning on traveling to the other state, picking up the handgun, bringing it back, and filling out the required CA paperwork to report an interfamilial transfer and being done.

I explained that I believe it is against federal law to transfer a handgun to a resident of another state, but I don’t know the code section (GCAof 1968?) or if there is an exemption for interfamilial transfers (I think not, but I’d like to be able to point to the appropriate code section).

I believe he could legally get this done by finding a CA FFL who understands interfamilial transfers and is willing to do the transfer and having his relative* ship the handgun from their home state to that CA FFL with documentation showing is a gift and the familial relationship, then he going to the CA FFL, doing the background check, waiting the 10 day waiting period, then picking up the handgun up.

*Yeah, I know the relative would have to ship via an FFL in their state that is setup to ship to CA. Or I guess the relative to travel to CA and deliver the handgun to an FFL.

Long story longer, can anyone point me to the specific federal code section that says people can only take possession of handguns in their state of residence from other residents of that state or in their own state of residence from an FFL in that state?

Thanks much in advance for any pointers you can offer!

I think this is what you are looking for. The actual codes are at the bottom.

https://www.atf.gov/firearms/q...r-firearms-under-gca

To whom may an unlicensed person transfer firearms under the GCA?

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

[QUOTE]Originally posted by 12131:
I think this is what you are looking for. The actual codes are at the bottom.

Thanks Q, that is it exactly!

So California requires firearms to be registered ?
I don't understand " off roster " .

quote:

Originally posted by selogic:
So California requires firearms to be registered ?
I don't understand " off roster " .

Handguns (I think it is just handguns) must meet specific safety requirements in order to be sold in the State of California. The CA state police maintain a "roster" of approved handguns.

It is impossible for any new handguns to meet the safety requirements. But the law allowed handguns being sold in the state prior to enactment of the current law to be grandfathered in. That's why Glock still sells 3rd generation framed pistols. They are grandfathered in on the roster.

This was done under the guise of "product safety" and not gun control. So you could move to California with handguns that were not on the roster (off roster) and it would be legal to own them. But you could not buy one from someone out of state and have it shipped to a CA dealer for transfer.

California has a list of what is considered to be safe handguns. The list is here: https://oag.ca.gov/firearms/certified-handguns/search Dealers can only sell to the general consumer handguns listed on this roster. Private sellers can sell "off roster" handguns, only in a face to face transaction and the handgun cannot be shipped to the person (this applies to California residents). The handgun must go through a FFL and the receiving person must have a valid Firearms Safety Certificate. The laws here stink.

Regarding the interfamilial transfer, the firearm must be shipped to a FFL dealer in CA. It does not matter who ships it. UPS of FedEx asked for a copy of the receiving FFL when I received a firearm from my father that lives in AZ. Taking possession of the firearm outside of CA and carrying it here is against the law, even if that person is father, grandfather, etc. Now, interfamilial transfers within CA are perfectly acceptable face to face if BOTH persons, lets say father and son, are RESIDENTS of CA.

A nice FFL dealer may provide you a copy of their FFL to show UPS? I know that the FFL I used, provided me a copy by email. In the package, my dad provided a copy of his AZ DL and a letter stating that the handgun sent was a gift to me.

Lineman

Per 18 USC 922(a)(5), the general prohibition on interstate firearms transfers between non-licensees states:

quote:

... except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence...

BATFE has stated:

quote:

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

Note, it must be a valid bequest (i.e., in the will of the decedent) or an approved intestate succession (usually approved by a Probate Court)

So, another question is how does California abuse the recipients of inherited guns outside of the roster not applying.

In short, California's stupid laws do not apply to the transfer of a firearm by gift, bequest, intestate succession (receiving property through probate where there is no will), or other means if the following requirements are met:

- The testator is a California resident;
- The person receiving the firearm is 18 years of age or older;
- The transfer is “infrequent” (here meaning as less than six (6) transactions per year or for firearms not handguns, occasional and without regularity);
- The transfer is between immediate family members (parent and child, grandparent to grandchild, or between spouses);
- Before taking possession of the firearm, the new owner completes a firearm safety course and receives a Firearm Safety Certificate. However, where the new owner is taking possession of a handgun, an existing unexpired handgun safety certificate may be used;- Within 30 days of taking possession of the firearm, the new owner provides the California Department of Justice with a completed Intrafamilial Firearm - Transaction report; and,
- The weapon being transferred is not an assault weapon.

Since the OP indicated the testor is not a California resident, it would need to go through a California FFL.

So a family member gifts you a firearm . Just go get it and bring it home . Done deal . Why involve FFL's etc. ?

quote:

Originally posted by selogic:
So a family member gifts you a firearm . Just go get it and bring it home . Done deal . Why involve FFL's etc. ?

Because what you suggest would be a violation of Federal law (Gun Control Act of 1968 as Q so clearly answered in the first reply to the thread.

And in reply to Sig2340, in this case it is a proposed gift from a living relative rather than a bequest.

Broadside was correct about the roster. Manufacturers or importers had to submit two samples to an approved lab for testing. The pistols had to fire 2500 rounds without any failures that were not ammunition related, then they had to be drop tested with primed cases to made sure they didn’t go off. After passing the lab test, the manufacturer (or importer) had to pay the state a registration fee. I believe it was $5,000. Oh, and a different finish is a different model, so to sell a plain black P229, a two tone P229, and a rainbow P229 in CA, Sig would have to send six guns to one or more approved labs, and pay three registration fees. For some reason (maybe a rare fit of sanity?) the state decided that while being a different color makes the gun a different model which requires its own entry on the roster, having night sights or not having night sights doesn’t cause the guns to be considered different models. The state kept adding required features for handguns to be added to the roster - loaded chamber flags, magazine disconnects, and finally microstamping. Thankfully, the state recently got its backside handed to it in a lawsuit against the roster. While the judge didn’t totally toss the roster, he did toss the microstamping requirement and I believe the requirement for several other features. The Sig P320 and P365 have been added to the roster and according to the counter guys at the local fun store, so have several others (M&P 2.0, Shield Plus, Hellcat, Hellcat Pro, XDM Elite, etc). A quick check of the roster shows they’re not wrong. Nice!

My goal was to make my friend aware of the laws so he has the information to do things in a way that doesn’t get him or his relative in trouble. He’s a big boy and can make his own choices, but my sense is that if he knows the law he’ll take care to color within the lines. He was both appreciative and impressed with how quickly and clearly Q answered.

quote:

Originally posted by Lineman101:
Regarding the interfamilial transfer, the firearm must be shipped to a FFL dealer in CA. It does not matter who ships it. UPS of FedEx asked for a copy of the receiving FFL when I received a firearm from my father that lives in AZ.

How long ago did you receive the firearm from your father? Some years ago when I purchased a firearm out of state and had it sent to a local FFL, the receiving FFL would only accept firearms sent by an FFL, and the sending FFL had to use CA Firearms Licensee Check System (https://oag.ca.gov/firearms/cflcoverview). Maybe the receiving FFL was being overly conservative and any non-licensed person can send a firearm to a CA FFL, I dunno.

As for verifing an FFL, you can use FFL EZ Check (https://fflezcheck.atf.gov) with just the first three and last five digits of the FFL's license number. Many FFLs are reluctant to share their entire license number.