My son in another state gave me a non-list pistol for my birthday. What would be the proper forms and procedures to transfer it to me here in California. Can he just ship it to a CA FFL or must it go FFL-FFL. Will there be a problem as it is a non-list pistol? Is it taxable in California as it is a family gift? Thanks for any advice.
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California family gift transfer
- Thread starter Sid40
- Start date
Aguila Blanca
Staff
I don't believe you can receive a "non-list" handgun in California. The fact that your son wants to give it to you is immaterial -- it's a transfer from out of state, same as if you bought it on the Internet.
sigcurious
New member
Calguns
Everything you need to know can be found there. That being said, there is a interfamily exemption, but I do not know the specifics.
If the interfamily exemption does not cover your situation, you can single shot exempt it, which will require the additional step of converting the pistol to a single shot form along with a OAL requirement. Specifics and resources to do this can also be found on calguns. It should be said though, that not all pistols can be SSE'd. However if it's a relatively popular pistol there is good chance someone makes a kit for it.
Everything you need to know can be found there. That being said, there is a interfamily exemption, but I do not know the specifics.
If the interfamily exemption does not cover your situation, you can single shot exempt it, which will require the additional step of converting the pistol to a single shot form along with a OAL requirement. Specifics and resources to do this can also be found on calguns. It should be said though, that not all pistols can be SSE'd. However if it's a relatively popular pistol there is good chance someone makes a kit for it.
Thanks,
I appreciate the direction. Since he already has the pistol (5.25 XDM) and it can't very well go back. I will have to pursue the family transfer, the rather strange, convoluted SSE procedure (or move to a state where common sense trumps mindless emotion). What a mess, but thanks again.
I appreciate the direction. Since he already has the pistol (5.25 XDM) and it can't very well go back. I will have to pursue the family transfer, the rather strange, convoluted SSE procedure (or move to a state where common sense trumps mindless emotion). What a mess, but thanks again.
.wheelgunner.
New member
I will have to pursue the family transfer, the rather strange,
There is no "family transfer" for unapproved handguns. They can't be imported into the state. The exceptions being if a) you are law enforcement or b) you're a FFL. Even if you're a FFL you can't sell it to a private citizen in the state.
Frank Ettin
Administrator
An intrafamilial transfer (parent/grandparent to or from child/grandchild) is exempt from the California roster of approved handguns..wheelgunner. said:There is no "family transfer" for unapproved handguns....
It's pretty much all laid out here.
sigcurious
New member
Don't forget to have your son disassemble the magazines before sending them. IIRC there are currently no factory 10rds mags for the xdm. However, EBR Works in the LA area makes magazine kits to reduce the capacity to 10 rounds.
.wheelgunner.
New member
An intrafamilial transfer (parent/grandparent to or from child/grandchild) is exempt from the California roster of approved handguns
Can you show me specifically which item on that link exempts such transfers?
sigcurious
New member
Last edited:
Frank Ettin
Administrator
Nothing on the link exempts anything. It's information, not law. I'll show you the law..wheelgunner. said:Can you show me specifically which item on that link exempts such transfers?
[1] California Penal Code 32110 (emphasis added):
32110. Article 4 (commencing with Section 31900) and Article 5 (commencing with Section 32000) [the "roster" laws] shall not apply to any of the following:
(a) ....
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of Section 27545 pursuant to any applicable exemption contained in Article 2 (commencing with Section 27600) or Article 6 (commencing with Section 27850) of Chapter 4 of Division 6, if the sale, loan, or transfer complies with the requirements of that applicable exemption to Section 27545....
[2] California Penal Code 27875:
27875. Section 27545 does not apply to the transfer of a handgun, and commencing January 1, 2014, any firearm, by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family...