A multi transfer — can it be done.

[yossarian]

I have been researching a transfer but wanted to check if this is legit. I want to transfer a specific Dan Wesson 10mm 1911 that is off roster from my father in law, to my wife, and then later to me. I believe this is the right procedure but want to confirm and also know if there are issues I will run into. This is a google answer to the question so checking with the humans. My father in law lives in Nevada.

• Step 1: FIL to Wife (Interstate Transfer):Because your FIL is in Nevada and your wife is in California, federal law requires the handgun to be shipped from a Nevada dealer to a California licensed dealer (FFL).
• Step 2: Legal Documentation: Your wife must have a valid Handgun Safety Certificate (HSC) or Firearm Safety Certificate (FSC) to take possession.
• Step 3: Registration: Within 30 days of taking possession in California, your wife must register the firearm with the California DOJ as an "Intra-Familial Handgun Transaction".
• Step 4: Wife to You: Once the pistol is registered in her name, she can transfer it to you (her spouse) through a California dealer as a dealer-facilitated transfer.
• Restrictions: The handgun must not be an assault weapon, and both parties must be eligible to possess firearms.

 

[SSSLICKSSS]

So if we understand you want to have your father in law do a intra familial transfer? Then transfer it to you??

Does your father in law have a CA license?

 

[supermike]

I'm assuming your FIL and the 1911 are both NOT in CA and don't have CA Driver's license..

Yes it can be done, find a competent FFL that knows their and won't charge you arm and leg, and follow their procedure,, because every FFL has their own interpretation of how they want to receive the gun....technically it required the gun to be mailed in, not carried in...

Once its in your wife's name, you can fill out Form BOF 4544A then it's yours.

I'm sure someone or even FFL will call out that's straw purchase,,,,,no it is not...

 

[james399]

Yes it can be done, but no your steps don't make sense.

 

[SlayingMantis]

Step 1, step 4, done

 

[yossarian]

Thanks all. Appreciate the feedback.

 

[H. Bowman]

I have been researching a transfer but wanted to check if this is legit. I want to transfer a specific Dan Wesson 10mm 1911 that is off roster from my father in law, to my wife, and then later to me. I believe this is the right procedure but want to confirm and also know if there are issues I will run into. This is a google answer to the question so checking with the humans. My father in law lives in Nevada.

• Step 1: FIL to Wife (Interstate Transfer):Because your FIL is in Nevada and your wife is in California, federal law requires the handgun to be shipped from a Nevada dealer to a California licensed dealer (FFL).
• Step 2: Legal Documentation: Your wife must have a valid Handgun Safety Certificate (HSC) or Firearm Safety Certificate (FSC) to take possession.
• Step 3: Registration: Within 30 days of taking possession in California, your wife must register the firearm with the California DOJ as an "Intra-Familial Handgun Transaction".
• Step 4: Wife to You: Once the pistol is registered in her name, she can transfer it to you (her spouse) through a California dealer as a dealer-facilitated transfer.
• Restrictions: The handgun must not be an assault weapon, and both parties must be eligible to possess firearms.

Step 3 is not required. Because you're doing it interstate, it must go through an FFL and will be registered to her at time of DROS.

Also, I'm pretty sure FIL could go straight to you (via a CA FFL) as a vertical intrafamilial interstate transfer, but I haven't read that law in a while. Worth looking into.

 

[H. Bowman]

So if we understand you want to have your father in law do a intra familial transfer? Then transfer it to you??

Does your father in law have a CA license?

CA license for what? His FIL lives in Nevada and does not need, nor should he have, any CA licensing related to ID or firearms.

 

[H. Bowman]

Step 3 is not required. Because you're doing it interstate, it must go through an FFL and will be registered to her at time of DROS.

Also, I'm pretty sure FIL could go straight to you (via a CA FFL) as a vertical intrafamilial interstate transfer, but I haven't read that law in a while. Worth looking into.

I was curious and went and looked, my second part is incorrect, it does need to go to her first.

 

[sass2924]

Question 21a on the 4473

a. Are you the actual transferee/buyer of all of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual transferee/buyer if you are acquiring any of the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer any of the firearm(s) to you. Exception: If you are only picking up a repaired firearm(s) for another person, you are not required to answer 21.a. and may proceed to question 21.b.

You said she's basically acquiring it for you since you can not take advantage of the intra familial transfer.

 

[Scubabugdiver]

I was curious and went and looked, my second part is incorrect, it does need to go to her first.

I’m just curious because I’ve been in this situation before. Does it matter if the wife has a different last name now? Assuming she carries her husband’s new name

 

[Hit Factor]

You said she's basically acquiring it for you since you can not take advantage of the intra familial transfer.

No, he said she is getting it for herself, but if she ends up not liking it, she might be willing to transfer it to him.

Why do so many people here seem to not understand the first two rules of Fight Club?

 

[supermike]

No, he said she is getting it for herself, but if she ends up not liking it, she might be willing to transfer it to him.

Why do so many people here seem to not understand the first two rules of Fight Club?

yeah...it's more like buying for someone else who is prohibited from owning one or unwilling to undergo a background check....if it went through paperwork then it's not straw ..

 

[supermike]

I’m just curious because I’ve been in this situation before. Does it matter if the wife has a different last name now? Assuming she carries her husband’s new name

you submit marriage certificate togeter with 4544A and it's not a problem.

 

[GeeQ87]

She’s getting the firearm because she doesn’t want to hurt dad’s feelings by rejecting his gift. She may or may not like it. Luckily, her husband is a fanatic and will take/dispose of according to the law in the case she doesn’t like it.

 

[GeeQ87]

FYI- some stores wouldn’t even care. Turners near my home allowed straw purchase for ammo. 3 people passing cash in front of clerk, one background check run. I was shocked at the audacity lmao

 

[Librarian]

Jiminy, this thread is all over the place.

NV dad transfers to CA child, through a CA FFL because Fedlaw requires that.

Transfer is Roster-exempt because it's parent-child.

BUT transfer from wife to husband looks like it violates PC 27515

27515.​

No person, corporation, or dealer shall sell, loan, or transfer a firearm to anyone whom the person, corporation, or dealer knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to anyone who is not the one actually being loaned the firearm, if the person, corporation, or dealer has either of the following:

(a) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the provisions of Section 27540 or 27545.

(b) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the requirements of any exemption to the provisions of Section 27540 or 27545.​

Penalty at PC 27590(c)

(c) If any of the following circumstances apply, a violation of this article shall be punished by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment:

(1) A violation of Section 27515, 27520, or subdivision (b) of Section 27500.

That is, charged as a felony and might wobble to the misdemeanor.

The follow-on question is 'who would know? how could that be proven?' For that answer, see the post that starts the thread, and realize you are not anonymous on the internet when faced with a subpoena.

I would not do such a structured transfer; I recommend you consult a competent CA gun-law lawyer before acting on this plan.

 

[H. Bowman]

I’m just curious because I’ve been in this situation before. Does it matter if the wife has a different last name now? Assuming she carries her husband’s new name

Nowhere in the law does it talk about last names. Only relationship.