Any way to legally transfer a p938 to family in California?

[cloudsrest]

I have a Sig P938 that I would like my brother in law in California to have instead of selling it to the tweakers who keep trying to buy it from me locally, and I’m not sure if there’s a legal way to do it. It’s not a gun you can buy new in California, so does this mean I can’t send it to him via FFL? I’m driving out there soon, is it legal if I bring it and just give it to him? Can I give it to kin, like my sister or mother, and have them give it to him?

 

[George P]

is it legal if I bring it and just give it to him? Can I give it to kin, like my sister or mother, and have them give it to him?

No, this would be a felony.

CA has a roster of guns that are legal in their state

 

[cloudsrest]

No, this would be a felony.

CA has a roster of guns that are legal in their state

I read somewhere that there’s a way around the roster with used guns, but it might only apply to people moving to California and bringing their guns with them. Is it only legal if I move to California, or not even then?

 

[CapnMac]

I'll flat out guess that CA makes it as close to impossible as can be measured.

Just from (potentially faulty) memory, inter-family CA transfers are really limited in CA, as in direct blood relations and only 2 generations. And, that's within CA. A firearm coming into CA has to go through a CA-permitted FFL in functionally all cases. And, that assumes that the pistol is on the CA list.

I'm not entirely sure you are allowed to just drive into CA with a firearm, unless locked in the trunk separated from ammo (per FOPA), not sure CA honors out of state CHL.

Moving to CA and bringing off-register pistols is complicated, and checking the CalGuns forum is probably better for real-world answers than here.

If this were in Legal, we would have to be quoting Code in chapter and verse. Which is probably more detail than OP needs to answer this.

 

[Destructo6]

Call the California DOJ: (916) 210-2300.

I see this form on their website, titled, "Report of Operation of Law or Intra-familial Firearm Transaction."

Found here:
https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

 

[Frank Ettin]

....I see this form on their website, titled, "Report of Operation of Law or Intra-familial Firearm Transaction."

Found here:
https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

If the OP and his brother-in-law go that route, they each become eligible for up to five years in federal prison and a lifetime loss of gun rights.

1. Since the Op and his brother-in-law are residents of different State, federal law requires that the transfer go through an FFL in the transferee's State of residence.
   
   
2. In California an intrafamilial transfer is only parent/grandparent from or to child/grandchild.

 

[12Bravo20]

And it doesn't look like the Sig P938 is on the certified roster.

https://oag.ca.gov/firearms/certified-handguns/search?make=150970

Which is weird since the P238 is on the roster.

 

[JohnKSa]

...instead of selling it to the tweakers who keep trying to buy it from me locally...

Keep in mind that it is a federal crime to sell a firearm to someone you know to be a prohibited person. A tweaker (user of methamphetamine) is a prohibited person.

 

[Gelrir]

From the CA department of justice website: https://oag.ca.gov/firearms/certified-handguns/search

"Handguns Certified for Sale

As of January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement." (Emphasis added)

However, a pistol transfer has to meet other California requirements -- no more than 10 round magazine capacity, for example; and must be transferred via an FFL. The P938 has a 7 round magazine, so that shouldn't be a problem.

"And it doesn't look like the Sig P938 is on the certified roster." ... getting on the roster requires the manufacturer to send (if I recall the number correctly) five of each, hmm, "catalog number" model to be tested. Sig-Sauer's web page shows five models of the P938, so the company ends up "out" 25 guns .. every five years, or sooner if they change some feature, which can be as trivial as the finish or color of the firearm. For some companies, it's not worth the bother.

 

[RickD427]

From the CA department of justice website: https://oag.ca.gov/firearms/certified-handguns/search

"Handguns Certified for Sale

As of January 1, 2001, no handgun may be manufactured within California, imported into California for sale, lent, given, kept for sale, or offered/exposed for sale unless that handgun model has passed firing, safety, and drop tests and is certified for sale in California by the Department of Justice. Private party transfers, curio/relic handguns, certain single-action revolvers, and pawn/consignment returns are exempt from this requirement." (Emphasis added)

However, a pistol transfer has to meet other California requirements -- no more than 10 round magazine capacity, for example; and must be transferred via an FFL. The P938 has a 7 round magazine, so that shouldn't be a problem.

"And it doesn't look like the Sig P938 is on the certified roster." ... getting on the roster requires the manufacturer to send (if I recall the number correctly) five of each, hmm, "catalog number" model to be tested. Sig-Sauer's web page shows five models of the P938, so the company ends up "out" 25 guns .. every five years, or sooner if they change some feature, which can be as trivial as the finish or color of the firearm. For some companies, it's not worth the bother.

The "Private Party Transfer" provision that you highlighted ain't gonna apply to the OP's situation.

Under California state law, a "Private Party Transfer" can only occur where both parties are California residents. If the OP ain't a California resident, then he can't do a "Private Party Transfer."

A manufacturer is only required to submit three exemplars to a DOJ-certified lab for testing, not five.

 

[danez71]

I'm not entirely sure you are allowed to just drive into CA with a firearm, unless locked in the trunk separated from ammo (per FOPA), not sure CA honors out of state CHL

CA requires locked container for transportation. Ammo can be in the same locked container but cannot be in the gun.
https://oag.ca.gov/firearms/travel

ETA: CA does not honor any out of state CHL.

I read somewhere that there’s a way around the roster with used guns, but it might only apply to people moving to California and bringing their guns with them. Is it only legal if I move to California, or not even then?

Yes, you can bring non-rostered firearms with you as long as they aren't a CA defined AW or other prohibited firearm

 

[CapnMac]

CA requires locked container for transportation. Ammo can be in the same locked container but cannot be in the gun.

Thank you. And for the citation, too.