Attorney Explains How to Get Off Rosters in California

Published on November 2, 2020
Duration: 17:03

This video explains how California residents can legally acquire off-roster handguns, which are typically unavailable for over-the-counter purchase. The primary methods discussed are intra-familiar transfers and private party transfers. Intra-familiar transfers allow direct lineage family members to exchange firearms without going through an FFL, provided specific reporting requirements are met. Private party transfers, often involving law enforcement exemptions or non-residents moving into the state, still necessitate FFL involvement, DROS, and a waiting period.

Quick Summary

California residents can legally acquire off-roster handguns through intra-familiar transfers to immediate family members (up/down lineage) or via private party transfers, often from exempt individuals like law enforcement. Both methods have specific legal requirements and reporting obligations to the California Department of Justice.

Frequently Asked Questions

How can a normal California resident legally buy an off-roster handgun?

California residents can legally acquire off-roster handguns through intra-familiar transfers to immediate family members (up/down lineage) or via private party transfers, often from exempt individuals like law enforcement. Both methods have specific legal requirements and reporting obligations to the California Department of Justice.

What are the requirements for an intra-familiar firearm transfer in California?

For an intra-familiar transfer in California, the transfer must be infrequent (5 or fewer times/year), between immediate family members (parent-child, grandparent-grandchild), and the recipient must not be a prohibited person. Within 30 days, the recipient must report the transfer to the CA DOJ, often with a $19 fee.

Can I buy an off-roster handgun from a friend in California?

Generally, no. Off-roster handguns cannot be purchased directly from friends in California through a standard private party transfer. Such transfers must typically involve an FFL, DROS, and a 10-day waiting period. Exemptions for off-roster acquisition are primarily for intra-familiar transfers or from specific exempt individuals.

What is the difference between an in-state and interstate intra-familiar handgun transfer in California?

An in-state intra-familiar transfer within California allows for direct reporting to the DOJ without an FFL. However, an interstate intra-familiar transfer requires the firearm to pass through a California FFL, undergo DROS, a background check, and a 10-day waiting period, though the DROS fulfills the DOJ reporting requirement.

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