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In California, an **out-of-state familial transfer of a firearm** is subject to more stringent rules compared to an in-state transfer. Here’s how the process works when a family member in another state is involved in transferring a firearm to a California resident:
### Key Requirements for Out-of-State Familial Firearm Transfers:
1. **Use of a Licensed Firearms Dealer (FFL)**
- Unlike in-state transfers between immediate family members, out-of-state firearm transfers must go through a **California-licensed Federal Firearms Licensee (FFL)**.
- The out-of-state family member must ship the firearm to a California FFL, who will handle the background check and other legal requirements.
2. **Who Qualifies as Family?**
- The definition of immediate family is the same: parents, children, grandparents, and grandchildren. Transfers from siblings, cousins, or other relatives do not qualify under the familial transfer exemption and must follow standard interstate transfer procedures.
3. **Firearm Safety Certificate (FSC)**
- The recipient must have a valid **Firearm Safety Certificate (FSC)** unless exempt (e.g., law enforcement officers or military personnel).
4. **Background Check and Waiting Period**
- Even though this is a familial transfer, the recipient in California must pass a **background check** performed by the FFL.
- The state’s mandatory **10-day waiting period** applies, meaning the recipient cannot take possession of the firearm immediately upon arrival.
5. **Registration Requirements**
- Once the transfer is completed through the FFL, the firearm must be **registered** with the California Department of Justice (DOJ).
- For **handguns**, the FFL will submit the required information to the DOJ. For **long guns**, the transfer will also be recorded, even though long guns are not required to be registered on their own.
6. **Restrictions on Assault Weapons**
- California has strict regulations on **assault weapons** and other prohibited firearms. These cannot be transferred into California, even between family members. The out-of-state family member must verify that the firearm complies with California's laws before shipping it to the FFL.
7. **No Personal Importation**
- The California resident cannot personally bring the firearm from another state without going through the FFL process. All out-of-state transfers must be handled through an FFL in compliance with federal law.
### Summary of the Process:
1. The out-of-state family member sends the firearm to a California FFL.
2. The California resident completes a background check, provides a valid FSC, and complies with the 10-day waiting period.
3. The FFL processes the transfer and ensures the firearm is registered with the California DOJ.
It’s important to verify the firearm's legality in California, especially in cases involving specific models or types of firearms. Non-compliant firearms (like assault weapons) cannot be transferred.
If you need more information or specific details, feel free to ask!
