My wife was named executor/trustee of a friend’s estate. While we we cleaning out her home, we found an old revolver that was her grandfather’s service pistol when he was a police officer. At that time, we were not able to transfer the firearm to her nephew. California requires that both parties show up at the FFL at the same time for private party transfers, and all local FFLs required scheduling the transfer in advance and the earliest appointment available was in April. Not having a place to legally store the firearm in CA, we shipped it to my FFL in Florida.
My question to Californians:
Are there restrictions on what kind of revolvers can be privately transferred to a CA resident? It’ll be shipped from my FFL to his local FFL. Don’t know much about revolvers. It’s a S&W 357. In addition to serial number, there’s also Reg 4219 stamped on it.
Can I ship the revolver to the nephew before he takes the required firearms training or should I wait until he’s legally allowed to own a firearm?
California has the rule of having persons background checked before they can purchase a gun and be registered then they have to go through the ATF background check when purchasing a gun to which will be registered. So, as you can see by this there is a choke hold on guns.
Since this is part of an estate there may be an inter familial exemption that applies regarding the transfer. It may allow for an off roster handgun to be transferred if the handgun is not on the current accepted CA roster. I’m not sure on all the details though. A CA FFL or CA lawyer might have the details though everything firearms in CA is so convoluted no one can ever be completely sure what is legal and what isn’t so you are likely to get different answers depending on who you ask.
I do believe the person receiving the handgun would have to have their firearm safety card before taking possession which would have to happen through an FFL but not sure it needs to be in person with both parties for a family transfer. The card used to be a simple test but it’s fortunately been a long time since I lived in CA so things may have changed.
As far as I’ve been able to find, it’s a very restrictive list.
Transfers among “immediate family members ” include transfers between a parent and their adult child, a grandparent and their adult grandchild, and between spouses and registered domestic partners.
The relationship here did not seem to apply and would have to go through FFL.
Not from California (not completely true as I was born in California and did a bunch of military time there), not a lawyer, didn’t sleep at a Holiday Inn Express.
However, unless your nephew prefers a good rogering. I would not transfer anything to anyone in California in regards to firearms in California.
I’m kind of with Zavier_D in that I just assume everything up to and including breathing the air without paying a tax is illegal in CA and would, if given the choice, have nothing whatsoever to do with the state in any way for fear of finding out I broke a law. I’d ask a lawyer to make sure I was in compliance or would not do business involving CA.
But that’s just risk-averse me who is flabbergasted every time I look into CA laws
It’s sad (criminal actually) that someone has to jump through so many hoops to take possession of a rightfully owned sentimental family heirloom that also happens to be a constitutionally protected item.
Q2: Before it can be transferred through the FFL, he’ll need to have his FSC (Firearm Safety Certificate). It’s an easy test to pass and only takes a few minutes.
Q1: The FFL in CA should have all the details on whether the transfer can happen. We have an ever shrinking list of handguns we’re “allowed” to purchase new, but “private party transfers” allow “off roster” transfers. For example, law enforcement is exempt from the roster and can purchase whatever type of handgun they want. If they decide to sell it or give it to someone later, it can legally be transferred to anyone else as long as it goes through an FFL to record the transfer. I know quite a few people who legally own “off roster” handguns by this type of transfer. However, I’m not sure if it can be transferred into CA from out of state. That’s where the FFL in CA can help. They know the rules pretty well because they’re constantly harassed and audited by the state.
For that kind of exception, I’m pretty sure it cannot be brought into the state unless for a ‘special’ exempt person like a LEO. If just anybody could transfer it into the state despite not being on the roster, well…the floodgates would open for sure