Interstate Intrafamilial Transfers

[brown&orange]

Hello all! I'll cut straight the point - I think we all know that Interstate Intrafamilial transfers of handguns (on or off-roster) into CA is legal, assuming both parties adhere to all current laws, provisions, yadda yadda yadda. There's a ton of info on reddit and the web if you want to dive in deeper.

That said, the one part of the equation that continues to escape me is where these magical FFLs that know these laws and are willing to process such a transfer are hiding? I've made some calls around town (LA area) and so far everyone has either gotten jittery/evasive and wanted to discuss with their lawyer first, or just flat out told me I was incorrect and dug in on that position. My Fudd meter now flashing red, I had to step away and take a break.

My guess is that FFLs like 2AZone that typically get a lot of love online and seem to be very customer-friendly & focused could take care of this no problem. That might be the path to take here, I was just trying to find someplace a little closer for convenience.

I would be interested to hear of any recommendations, success stories, or roadblocks from anyone that has gone down this road before. Since it's such a small sample size, it doesn't seem like we get to hear much, if any follow up on the process. Cheers!

 

[CmdrChuch]

I'll cut straight to the point too. 2AZone has everything you need in the Firearm Transfers section of the Store Policies page on their website. I have not used anyone else.

 

[brown&orange]

I'll cut straight to the point too. 2AZone has everything you need in the Firearm Transfers section of the Store Policies page on their website. I have not used anyone else.

Copy that - I appreciate the info here, thank you. Probably should have saved the post and found that myself, but hopefully it helps others, too. I'll quit spinning my wheels and go to the professionals at 2AZone. Have a great weekend.

 

[Ryan Gosling]

MOREAUWORKS in san marcos was the only place clear cut and no- about it. Solid guy and only transfer dealer i use now

 

[ikeo1]

@2azone seems like you guys do good work.

 

[2azone]

Yea we got you, https://www.2azone.com/pages/intrafamilial-transfers

 

[hermes_actual]

In the SF Bay Area, UG Imports and 29 Outdoor Gear have handled these transfers without issue.

 

[ikeo1]

UG Imports and 29 Outdoor Gear

I can vouch for both UGI and 29 Outdoor... I've used both and can confirm they are good peoples.

 

[D00DST3R]

Yea we got you, https://www.2azone.com/pages/intrafamilial-transfers

This is all that you need OP, they will take care of you

 

[Amtragi]

Can it be from daughter to o father?

 

[2azone]

Can it be from daughter to o father?

Absolutely

 

[Amtragi]

Thanks. She can shipp it from Montana to California place of residence for her father. She doesn’t need to bring it down to California?

 

[2azone]

She would ship it to an FFL like us. But yes that's fine

 

[Amtragi]

Thanks.

 

[Librarian]

So, you will NEVER convince an uninformed, misinformed, or plain intransigent FFL that your way is correct.

You are not their lawyer, of course, and you cannot indemnify their business against the vagaries of (imagined) DOJ inspector behaviors.

But, here is the law:

PC 16720 -

16720.

As used in this part, “immediate family member” means either of the following relationships:

(a) Parent and child.

(b) Grandparent and grandchild.​

Those are the ONLY relationships that count for this transfer. (Husband/wife also works, but that's not, legally, 'intrafamilial'.)

PC 27545 requires transfers to use a CA FFL.

PC 27875 is the family exemption from that:

27875.

(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:

(1) The transfer is infrequent, as defined in Section 16730.

(2) The transfer is between members of the same immediate family.
...​

So, that's how it works when both parties are CA residents - no FFL required, OPLAW form or CFARS function.

When we get to interstate, Federal law forces the transfer into a (here) CA FFL -
18 USC 922 (a)(3)

It shall be unlawful ...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, ...

And once it's at the CA FFL, that business is required to follow both Federal and CA laws governing delivery - no handguns to under-21, 10-day wait, DROS fees and paperwork, Federal 4473, proof of identity and age (for State, that's your DL), proof of residency (for Feds, that's your DL), for CA handguns there is some supplementary document as permitted by DOJ, etc.

Since the Roster is enforced by CA FFLs, no-FFL transfer between CA-resident immediate family is exempt from the Roster and exempt from the under-21 restriction for 18-19-20. CA DOJ inspectors have also ruled that these interstate intrafamilial handgun transfers, running through a CA FFL, are also exempt from the Roster - though there is no Penal Code or regulation saying so.