Handgun Transfer: Gift to Out of State Family Member

[xquercus]

My wife and I were chatting yesterday. We live in Washington and she is going to visit her father in California in a few weeks. Apparently her father has a .22 cal pistol he intends to gift to her. My wife isn't planning to go through an FFL.

Unless there is some exemption regarding gift transfers between family members I'm not aware of, this seems like an illegal transfer to me. The transfer would be from a resident of California to a resident of Washington State, so this is definitely an interstate transfer. Additionally, my understanding is that in CA, all pistol transfers have to go through an FFL. This would be a violation of CA law as well.

While it seems quite ridiculous, I believe the only legitimate way to accomplish the transfer is for my father-in-law to ship the pistol (via UPS) to a Washington State dealer (FFL) and have him/her do the NICS paperwork, the Washington State handgun transfer paperwork, wait 3 days (she doesn't have a CPL) and finally, pick it up. Does this sound right? (right as in complying with California, Washington, and federal law -- it obviously isn't *right*)

 

[CountGlockula]

Have the father drop it off to a reliable FFL dealer in CA to send to the WA FFL dealer.

CA has VERY specific laws. It's best to dot your "i's" and cross your "t's" in terms of CA handgun transfers. We have to deal with it.

 

[Kruzr]

If you lived in California also, an FFL would not be required. California allows the transfer of handguns between father and son or daughter without doing an FFL transfer. You would submit an Operation of Law form to the DOJ along with $19 for self registration.

Federal laws do not allow this transfer across state lines (between two living people) so the transfer would require an FFL in Washington. If the FFL will accept the pistol from a private party, then your father-in-law could just send it himself to the FFL.

 

[10 Ring Tao]

The only way an FFL doesn't need to be involved is if her dad drives the gun to you.

What happens then is based on WA law. If WA doesn't have any kind of registration, then he leaves the gun there and thats that.

 

[MisterPX]

Even if he drove to WA, they'd have to do a transfer at a WA FFL. Legally, you're not getting out of the FFL part.

 

[geojap]

An interstate change of firearm ownership requires that an FFL in the recipient's state must log the firearm in his bound book and do an FBI yellow form background check on the recipient.

 

[Onemoretime]

What about transfer of a firearm into California? Does the handgun need to be on the "approved" list?

 

[Acera]

Thank God I Live In Texas, and don't have to worry about this stuff. Unfortunately threads like this scare me. If this kind of %&$ can happen there, it can happen anywhere. Thanks for keeping a lot of us ignorant people from other states informed on the lunacy.

 

[deadin]

Thank God I Live In Texas, and don't have to worry about this stuff.

The FFL bit on the receiving end is Federal law and you do need to worry about it regardless of where you live.

 

[Acera]

Deadn, what I mean is if I wanted to give my relative a gun, I would have no compunction about going to them and handing it over without any paperwork whatsoever. A portion of my collection was purchased from individuals, and there are no records (except my own) of the transactions. Texas does not care if you have a handgun, they don't require you to register it, or let anyone know if you sell it, give it away. That is my point.

 

[deadin]

If you have no compunction to breaking a Federal law, go for it.....

However, if you intend to break a law, might I suggest you keep it to yourself.
All we need is another gun owner bragging about how he doesn't care if he breaks laws or not.
(Tends to give the anti's more ammunition for their claims.)

 

[TEDDY]

transfers

my thoughts:this is a reason that the gun owners should stick together.the more you diverse the more you will lose.you should be a member of your state ass.and push the leaders to appose any and all gun laws.there is NO gun law that is good.in 1934 if people had been opposed to the 34 law we would not be having this problem now.I dont expect to be around to many more yrs Im 83 so I wont see this country come apart.