Used Semi Auto Pistol Present for Californian

[racine]

I thought I'd pose a question to any well versed Californian about gun ownership. I have brother in San Jose who wants a gun to start shooting competition but is on a tight budget and knows next to nothing. I want to sell him a used but very good semi auto with 10 rounder mags of course but don't know if that poses as a straw purchase. If is send him a letter with a bill of sale how does that play out with those California laws? What's the easiest way to send him the firearm-FFL to FFL? Thanks in advance.

 

[Quiet]

The handgun will need to be on the CA DOJ approved list for handgun sales.

If the exact make/model is not listed, then a CA FFL dealer can not transfer it to him. Unless he is exempt (CA LEO) or the handgun is exempt from the approved list (C&R, single-shot pistol, single-action revolver, Olympic target pistol).

If the handgun is listed, then you can ship the handgun to his CA FFL dealer.
He will need a HSC certificate, valid CA DL/ID and proof of residency.

Since the handgun is being shipped, the CA FFL dealer can legally charge any amount to do the transfer (ranges from $75-250 depending on the dealer). So, he will need to shop around for a CA FFL dealer.

 

[Shear_stress]

If I remember correctly from when I lived in that state, intrafamilial transfers of "off roster" handguns from out of state are legal as long as they are between parent/child, husband/wife, or grandparent/grandchild. The trick is to find an FFL willing to accept an off roster gun.

http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members

Here's the form that needs to be filled out:
http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Quiet, can you can confirm this, or is it just my faulty memory?

 

[BlackSky]

Shear, the intrafamilial transfer info is correct. I've done that before from my father in NV. The form is easy and the fee is $19 to CA DOJ. Unfortunately that won't work for the OP because sibling/sibling is not covered under the provision.

 

[9mmepiphany]

Everything was covered in Quiets post

There a just a couple of points to be aware of:
1. Some FFLs will require that it be sent from another FFL...it isn't required by law, but it isn't prevented either.
2. If it needs to be sent from an FFL, that FFL will need to register with CA DOJ to mail in the gun...it just takes a few minutes. This FFL may charge you a fee for this service, but he'll also be able to send the gun via USPS Priority Mail vs. UPS Overnight/Next Day...which is usually a difference of $15 vs. $60

 

[Shear_stress]

Everything was covered in Quiets post

Not quite. What needs clarification is whether or not the intrafamilial process allows the interstate transfer of off roster handguns, which the "used" gun mentioned in the original post probably is.

Sibling/sibling transfer won't work, but it's possible the OP might have a parent or grandparent who would like to bequeath a handgun.

 

[9mmepiphany]

I meant from the OP. You raised the additional point in post #3 and it was addressed in post #4.

For the OP: here is the roster of approved handguns...not including the exemptions
http://certguns.doj.ca.gov/

Which gun at you planing on gifting your brother?

 

[Quiet]

If I remember correctly from when I lived in that state, intrafamilial transfers of "off roster" handguns from out of state are legal as long as they are between parent/child, husband/wife, or grandparent/grandchild. The trick is to find an FFL willing to accept an off roster gun.

...

Not quite. What needs clarification is whether or not the intrafamilial process allows the interstate transfer of off roster handguns, which the "used" gun mentioned in the original post probably is.

Sibling/sibling transfer won't work, but it's possible the OP might have a parent or grandparent who would like to bequeath a handgun.

Intra-familial handgun transfers are exempt from the CA DOJ approved list [PC 12132(a)].
This includes intra-familial handgun transfers across state lines.
Intra-familal handgun transfers can only be done through "immediate family".
"Immediate family" means grandparent - parent - child - grandchild [PC 12078(c)(3)]. It does not include in-laws, aunts/uncles, cousins, brothers/sisters, nieces/nephews, etc.

However, for intra-familial handgun transfers across state lines, the the transfer must be done through a CA FFL dealer. This is to comply with Federal laws (Gun Control Act of 1968).
The only exemption from using a FFL dealer, requires the party "giving" the firearm to be dead [18 USC 922(a)(5)(A)].

However, finding a CA FFL dealer willing to do an out-of-state intra-familial handgun transfer is very difficult.

Using the CA DOJ Report of Operation of Law or Intra-Familial Handgun Transaction for an intra-familial handgun transfer across state lines, is legal under CA state law but is illegal under Federal laws. Using the form documents to the BATFE that both the giver and receiver committed federal felonies by violations Federal laws [18 USC 922(a)(3) & (5)].

 

[Librarian]

a parent or grandparent who would like to bequeath a handgun.

Receiving something via bequest/inheritance require that the donor be deceased. A transfer in anticipation of one's demise is not a bequest, it's a gift.