Son to Father transfer non-CA compliant handgun

[bc58]

This question has probably been asked several times, but here goes.
My son purchased a Springfield Xdm9 compact for me as a gift in Colorado (where he lives). I come to find out this handgun is not on the California approved list (where I live). Is there a way he can gift the weapon to me so I can register it legally and add it to my concealed weapons permit?

 

[danez71]

I think that there's only 2 ways that can happen in CA and there's problems with both.

The closet way with out someone needing to die would be for either of you to move to the other state, with the intent of becoming a resident, and then do a private party transfer. (A person can bring a non-roaster hand gun into CA when the person moves to CA. Then ether fill out the forms to register it or sell it with-in 60 days.)

But doing that for the purpose of getting around laws is illegal.

 

[Neo-Luddite]

You live in different states so he can't directly transfer a handgun to you at all, except through a dealer--and then you would hit the Cali list roadblock.

 

[witchhunter]

That list is for new handguns. Used are exempt, once it has been sold new, it becomes used. Fill out a DOJ registry.

 

[Librarian]

That list is for new handguns. Used are exempt, once it has been sold new, it becomes used. Fill out a DOJ registry.

Doesn't work that way.

CO resident --> CA resident is interstate. Interstate transfer requires using an FFL.

Son --> father is intrafamilial; intrafamilial transfer is exempt from the Roster. (A transfer between 2 CA residents, ("PPT") using a CA FFL because state law requires it, is also exempt.)

(ETA: California Penal Code defines 'immediate family' as parent/child or grandparent/grandchild; nobody knows why that definition seemed reasonable, but it really does exclude siblings, cousins, and uncle/niece.)

Find an FFL you like and see if that shop understands that interstate transfer requires the FFL, per Federal law. Avoid any that tell you you can just file the intrafamily 'operation of law' form - doing that would violate Federal law. Have your son ship to such a smarter FFL, or, he could come visit and both of you could go to the FFL; still would be an interstate transfer so fees are not limited.

So, yes, bc58, you can get the gun. You'll have to check with your CCW issuing agency to see if they allow off-Roster guns. Some don't, for no better reason than they can impose such a condition.

 

[danez71]

Doesn't work that way.

CO resident --> CA resident is interstate. Interstate transfer requires using an FFL.

Son --> father is intrafamilial; intrafamilial transfer is exempt from the Roster. (A transfer between 2 CA residents, ("PPT") using a CA FFL because state law requires it, is also exempt.)

(ETA: California Penal Code defines 'immediate family' as parent/child or grandparent/grandchild; nobody knows why that definition seemed reasonable, but it really does exclude siblings, cousins, and uncle/niece.)

Find an FFL you like and see if that shop understands that interstate transfer requires the FFL, per Federal law. Avoid any that tell you you can just file the intrafamily 'operation of law' form - doing that would violate Federal law. Have your son ship to such a smarter FFL, or, he could come visit and both of you could go to the FFL; still would be an interstate transfer so fees are not limited.

So, yes, bc58, you can get the gun. You'll have to check with your CCW issuing agency to see if they allow off-Roster guns. Some don't, for no better reason than they can impose such a condition.

I stand corrected. I thought that an interstate transfer of a non-roaster gun between intrafamily members wasnt possible unless through inheritance.

Huh.... and my mom in Texas has been dragging her feet buying something because she isn't sure she'll like it much. I wouldn't mind having it So maybe this is an option for her as a back up plan.

Thanks for correcting me Librarian.

 

[mgkdrgn]

That list is for new handguns. Used are exempt, once it has been sold new, it becomes used. Fill out a DOJ registry.

Ahhhhh,

no