Interfamilial firearm transfer - Between states
Unlike Intrastate Familial firearm transfers, there’s some difference between the two. I covered Intrastate Familial transfer in another article which I will link in this article.
Transferring Firearm into California.
Since the implementation of the micro-stamping law in 2013 by the former California Attorney General Kamala Harris, there has not been new handguns on the roster. The reason, no firearm manufacturers are equipped with a micro-stamping technology. In California, ONLY peace officers can buy off roster or newer version hand-guns such as Glock 19 Gen 5. Everyone else, you’re stuck with pre 2013 handguns. Luckily , you can still obtain used off-roster handguns by way of private party transfer and familial transfers.
Enough about me drooling over a handgun I can’t buy new here in California.
In this video, I will be discussing Interstate Familial Transfer But before I do, please subscribe and like so that you will know when I upload a new video.
FFL San Jose : What is a Interstate familial transfer?
Unlike Intrastate Familial firearm transfers, there’s some difference between the two. I covered Intrastate Familial transfer in another article which I will link in this article. Interstate, meaning, between two different states, the donor from the other state must ship their firearm to FFL dealer of their choice.
First, let’s make sure you qualify for this type of transfer. The person gifting the firearm must be:
- A lineal descendant.
- Grandparents to grandchild (or great grandchildren) or vice versa.
- Parents to children or vice versa.
- Who doesn’t qualify?
- Sibling to sibling
- In-laws to son/daughter in-law
- Step-parent to step-children
How do I do that you ask?
Once the family member who wants to gift the firearm is ready, they can call around to find an FFL San Jose to process their interstate familial transfer.
FFL San Jose: What is required under the law to make this type of transfer?
You must ship your firearm directly to the FFL of your choice.
An FFL dealer will be required to transfer the firearm by processing a Form 4473 criminal background check prior to letting you possess the firearm.
The requirement is that the person receiving the firearm must NOT be:
Indictment in any court or referred to a military court martial.
Convicted in any court or military court
Fugitive from justice.
Unlawful user or addicted to marijuana or any illicit drugs
Adjudicated as a mental defective or have been committed to a mental institution.
Dishonorably discharge from the military.
Subject to a court order issued by a judge restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner.
Convicted of misdemeanor crime of domestic violence or been convicted of a crime that included, as an element, the use of force against a person.
Renounced your US citizenship
An illegal alien or unlawfully in the US.
The dealer will have to make sure you qualify under this law by requesting a letter from your family member stating:
How they are related to you.
The firearm – serial number, make, and model.
Sign the letter.
Some dealer will want the letter to be notarized which is not required.
10 day waiting period.
Limited to 1 firearm in 30 days.
The handgun should be able to accept 10 round bullet magazine or less. The firearm must also not break any assault weapon laws in the State of California.
How much will it cost me to do the transfer of my firearm?
If the transfer is interstate, the fee is NOT a set amount is not set by law much like intrastate firearm transfers. FFL San Jose in Northern California can range from $50 to as high as $250 per transfer and additional $20 to 30 for subsequent firearm processed at the same time.
Here’s the best practice when it comes to any private party transfer:
Call the FFL San Jose of your choice and ask him if he or she is willing to receive the firearm.
Anyone can ship to an FFL dealer for the transfer. It does NOT have to be an FFL to FFL transfer but it could be from a non-licensed individual to an FFL dealer.
Have all your documents ready so that there is no delay and wasted time. Time is money for FFL dealers and they will be pissed if you are not ready with all your documents. You will need:
California ID or driver’s license which has you current home address.
If it’s not your current address, then you must have other means to prove that you reside in California.
Some examples to prove you reside here in California:
Utility bill – must be the type of utility bill that has a physical connection to your residence such as a water bill, hard wired telephone, or cable.
This must be within 3 months of the current date.
Your current address as declared in the DROS (Form 4473).
See this pdf: https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/chapter4.pdf
FFL San Jose: Example of Interstate Familial Transfer
Let’s have an example. Let’s say my mom wants to gift me her handgun. All she has to do is to ask me where she can ship it to providing that I have contacted the FFL dealer who is willing to accept the firearm. Once the FFL dealer receives the firearm, I then arrange an appointment for the background check. I then meet with the FFL dealer and provide him my required ID’s and my firearm safety certificate. The dealer fills out the Form 4473 completely then transmit it to the CA DOJ. I then need to wait 10 days before I can get my firearm. 10 day waiting period begins when the FFL dealer submits the Form 4473. If the background check is clean then you can possess the firearm 10 days from the time the DROS was submitted.
You will need to arrange another appointment 10 days later to pick up my handgun. The FFL dealer will go over the safe handling of your firearm prior to you taking it home.
If you have any questions, please email me at email@example.com
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