How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 9084
Experience:  since 1983
9653905
Type Your Legal Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

Can an immediate family member who lives in a state outside

This answer was rated:

Can an immediate family member who lives in a state outside of California transfer a gun to an immediate family member who lives in California without an FFL transfer?

Thank you for your question.

In which State does the transferor reside? Is that where the transfer will take place?

Customer: replied 1 month ago.
Any state other that California. The recipient lives in California but is an immediate family newer.
Customer: replied 1 month ago.
Member

It is legal under Penal Code § 27875, but there is a form to be filed, see

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

If it is a handgun, the transferee needs to have a handgun safety certificate, which is usually obtained by taking a written test at a licensed firearms dealer's premises.

27875. (a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met: (1) The transfer is infrequent, as defined in Section 16730. (2) The transfer is between members of the same immediate family. (3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department. (4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used. (5) The person receiving the firearm is 18 years of age or older. (b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met: (1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession. (2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used. (3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730. (4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older. (5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.

I hope this information is helpful.

Customer: replied 1 month ago.
Thank you but how does that apply regarding Federal law, specifically US Title 18 §922?

18 US Code § 922 applies to people in the business of transferring firearms, not to a one time transfer to a family member.

N Cal Attorney and 5 other Legal Specialists are ready to help you
Customer: replied 1 month ago.
Okay. Thank you. You've been very helpful

Thank you for the great rating!

Related Legal Questions