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how's everybody in this video we're gonna be talking about one of the most requested topics that i've been getting sent and that is off roster handguns what are the laws surrounding them and how can normal residents in the state of california obtain off roster handguns so let's talk about this but real quick before we jump in this video if you think that california's handgun roster violates the constitution in the second amendment go ahead and hit that like button and subscribe also want to give a big shout out to one of the new sponsors of the channel and that is thoughts and customs many of you are probably very familiar with orson's customs they have various parts and features that you can purchase from them to help you build california compliant rifles and firearms systems thorson custom also advocates donates and directly tries to abolish those laws which make their parts relevant in the state of california and speaking with thorson's customs they actually said their ultimate goal is to get rid of the laws which actually make their parts relevant in the state of california so i can't thank thorson's customs enough for sponsoring the channel and if you guys would be interested in them i'll put links down the details in the comment section to their site i also want to thank another major supporter of the channel and that is got your six got your six has an app which you can purchase from them for just 2.99 a month and provides a lot of beneficial things on it like this button called initiate freedom so if your second amendment rights are ever violated for something like a red flag law you can click this button and a notification goes out to those members in your group so it's a really neat app and if you'd be interested in that i'll also put a link to them down the details section so off roster handguns in the state of california is a very big topic and it is one of those questions that i get asked a lot through dms comments a lot of people wanted to know what are the laws surrounding off roster handguns and how can a normal resident like me and you get our hands on all froster handguns so first and foremost i want to cover what exactly are off roster handguns for those people who might not know what we're exactly talking about in the state of california there is a list and is the handgun roster list and these are a list of handguns which are deemed safe by the state of california and therefore normal residents like me and you who are not exempt from the harasser handgun which we'll talk about a little bit later can actually go to an ffl go to a gun store and purchase over the counter there are also handguns that are not on the roster of handguns which a normal resident cannot just go to an ffl and purchase there has to be some other mechanism for them to get their hands on those specific off roster handguns but that's essentially what we're talking about when we're discussing off roster handguns and on roster handguns the state of california has deemed some handguns safe and therefore normal residents can purchase and then they have also deemed other handguns unsafe and so normal residents cannot go just purchase those through an ffl or a gun store but that doesn't preclude normal residents like me and you from being able to possess off-roster handguns there are other mechanisms for individuals to get their hands on off roster handguns so there are two main ways that we're going to discuss in this video of an individual being able to get their hands on off roster handguns and that is inter-familiar transfers and private party transfers and so we're going to talk about those one at a time so first let's discuss inter-familiar transfers and this is in itself is a major topic that a lot of people ask me about so first what is an inter-familiar transfer for those of you who don't know what that is an inter-familiar transfer is kind of what it sounds like it is a transfer of a firearm in this case an off roster handgun from one family member to another family member now there are specific requirements for when it comes to off roster handguns and interfamiliar transfers in general so when you're looking for intra-familiar transfers you're going to go to california penal code 27875 and this is the section that talks about intra-familiar transfers so this section says section 27545 which deals with the transfer of firearms through an ffl dealer through the drill system background check all that does not apply to transfer of handgun and commencing january 1st 2014 any firearm by gift bequest intestate succession or other means from one individual to another if all the following requirements are met so here they're talking about there is an exemption for the standard rule for private party transfers standard rule for having to go through an ffl standard rule for having to go through a background check and a drills and 10 day waiting period all that when specific requirements are met so what are those requirements when we're talking about interfamiliar transfers what standards do you have to meet the first requirement is that the transfer has to be infrequent and so what does infrequent mean and what has california defined as infrequent under penal code 16730 infrequent is defined as five or fewer times per year so that is what you're looking at as far as infrequent the next standard which is probably the biggest standard is the transfer is between members of the same immediate family and the reason why i say this is the most important requirement is because you can only have inter-familiar transfers between specific family members those individuals are essentially up and down lineage think of its up and down a grandfather to a grandson a dad to a son a mother to a daughter we are talking about direct descendants up and down the lineage we are not talking about a nephew to an uncle or a second cousin or um a friend we are not talking about anything like that inter-familiar transfers only apply to those immediate family members that we discussed up and down lineage the next requirement is that within 30 days of the individual taking possession of that firearm in this instance we're talking about off roster handguns they have to report it to the california department of justice and there's a specific form that you can fill out you can either mail it or go on the cfar system fill it out electronically and what this is you fill it out and it notifies the california department of justice that through an interfamiliar transfer you have taken possession of the item of the firearm of the off roster handgun and this form is titled the report of operation of law or in familiar handgun transaction report that is what you're looking for if you go on the cfar system or that is the form you're looking for if you're going to fill it out through written you just go to the california doj site you can pull that specific form fill it out and then there's a 19 fee that's attached to you sending it to the california department justice letting them know that you have lawfully taken possession of that firearm and one more critical standard that i want to discuss that often gets overlooked is that the individual taking possession of the off roster handgun or the firearm cannot be a prohibited person meaning that first the individual cannot be a felon they have to be legally able to possess that item but also you they have to apply with the general age requirements that we have in the state of california i.e if it's going to be an off roster handgun that you're going to try to transfer through an into familiar transfer you cannot give it to your son who is not of the legal age to possess that handgun now why would people want to do inter-familiar transfers what is the benefit of doing inter-familiar transfers and specifically what is the benefit of doing inter-familiar transfers when it comes to off roster handguns first and foremost inter-familiar transfers are beneficial because you don't have to go through the traditional ffl requirement doing a face-to-face transaction having to go through the droves doing all the paperwork to the california department of justice and then also doing the 10-day waiting period you get to circumvent that because you are doing a appropriate inter-familiar transfer again up and down lineage but when it comes to off roster handguns the benefit of inter-familiar transfers is that this is one of those exemptions where an individual a normal california resident who's not an exempt individual which we'll talk about later is able to acquire a off-roster handgun intra-familiar transfers and also intestines succession are actually carved down and exempted from the standard language of individuals being unable to purchase off roster handguns or being able to get off roster handguns the way that california's law is written is generally an individual like me and you a normal california resident can't go in and purchase an off roster handgun but we can acquire one from a family member who lawfully purchased an off roster handgun and we can actually get it from them through an interfamiliar transfer so this individual this family member you have maybe they're an exempt in a law enforcement officer which we'll talk about later maybe they can go and purchase it decide hey they don't want it anymore and they want to give it to you they can do so through an inter-familiar transfer and you can legally take possession of that raw frost froster handgun through that into familiar transfer now there are some nuances to inter-familiar transfers and let's talk about this the first thing is when both individuals are in california when both individuals are in california when both family members in california it's a much more straightforward process again they simply fill out that information on the cefar system or they acquire the paperwork from the california department just to fill it out identified to the cal state california that hey i've taken possession of this item this off roster handgun through an inch familiar transfer here's my fee and then that's pretty much it and you get to circumvent having to go through an ffl but that is not the case when you're doing an inter-familiar transfer through an interstate transfer an interstate means one individual is in the state of california and then the other family member is outside the state of california first and foremost under federal law that firearm is going to have to be transferred through an ffl to a california ffl the california ffl is going to have to take possession of that firearm then the individual in the state of california who is going to be taking possession of that off roster handgun is going to have to fill out the droves they're going to have to fill out all the background check requirements and then they're going to also have to be subject to the 10-day waiting period so the general rule of the intra-familiar transfer kind of circumventing these standard rules does not apply when it's an interstate transfer now one of the things i want to note here is that you then do not have to fill out the report to the california department of justice that you would have to otherwise if it was just a two-party both in the state of california you don't have to fill out that report to the california department of justice because essentially your dros when you do that identifies to the state of california that hey there was an interstate inter-familiar transfer from one individual outside the state of california into the state of california and that fulfills the report to the california department of justice so you don't have to then also fill out that additional form so just to recap that is one of the first ways that you can take possession of an off roster handgun if you're not an exempt individual through into familiar transfers up and down lineage from one immediate family member to another immediate family member both of you if you're in the state of california you have one set of requirements and if there is another individual immediate family member who's outside the city of california again you have different requirements so next let's talk about what's probably one of the most prominent ways that a normal resident can get their hands on an off roster handgun and that is purely through a private party transfer private party transfers is essentially one individual who is lawfully in possession of a firearm item or off roster handgun in this instance is going to essentially transfer that item to another individual in other states private party transfers can just be through normal individuals cash is exchanged and then there's not reporting requirements but in the state of california we have specific requirements when it comes to private party transactions first being that there has to be a face-to-face transaction at an ffl and essentially ffl isn't involved in the transaction first the individual taking possession of the item has to be legally able to possess it there's going to be a droves there's going to be a background check and then also the 10-day waiting period is going to apply so that's the quick just answer of what a private party transfer is that is what you're looking at generally when you're talking about private party transfers in the state of california so how does this apply when it comes to off roster handguns well the way that the laws are written surrounding the handgun roster is that specific individuals are exempt from the handgun roster requirements mainly being law enforcement officers or law enforcement agencies those individuals who are active law enforcement officers are exempt from the handgun roster requirements meaning that any law enforcement officer in the state of california can actually go to an ffl and purchase an off roster handgun which is unlike normal residents probably like me and you we can't just walk into an ffl or gun store and purchase an off roster handgun but law enforcement officers can because they're exempt so these law enforcement officers are in lawful possession of off roster handguns if they then decide that they no longer want to keep that handgun that off roster handgun they can decide to sell it to a normal resident through a transaction or through a private party transaction now one thing i want to note here is that you cannot just simply have straw purchases is what they're called you can't just have your buddy who is a law enforcement officer go purchase an off roster handgun for you and then transfer to you that is a straw purchase that is illegal in the state of california is in legal just nationally at large you can't do that but if you know someone who is a law enforcement officer or if you go on various online websites there are individuals who lawfully purchase these off off roster handguns no longer want them and want to sell them they can do that they can then sell them to an individual who's a normal resident who normally couldn't get their hands on an off roster handgun and when it comes to the actual transfer the reason why i've talked about the private party transaction generally is because you are going to fall under those general rules for private party transactions being that it's going to have to be a face-to-face transaction you're going to have to go through an ffl you're going to have to do your draws you're going to have to do the 10-day waiting period that is the general rule also you can't be a prohibited person you have to be lawfully able to possess that off roster handgun now one thing i also want to note with this is this is probably one of the most costly ways to get your hands on off roster handguns in the city of california because the secondary market for off roster handguns in the state of california is astronomical you are going to pay a premium for being able to get these items mainly because it's simple supply and demand there's a high demand for these items in the state of california and there is limited supply because only specific individuals are exempt from the laws in state of california and therefore can originally get their hands on these items now one of the last ways that i want to talk about as far as individuals getting their hands on off roster hangouts this isn't discussed a whole lot has to do with individuls who were non-residents purchase off roster handguns in another state then move to the state of california and can still be in lawful possession of those off roster hangouts how does that work and that works through a simple notification to the california department of justice and essentially what happens is when that non-resident purchase those um off roster handguns in another state moves to the state of california they simply just fill out the new resident report of firearm ownership to the california department of justice you have 60 days to actually do that report notify the doj that you brought in any firearm into the state of california also including off roster handguns and notifies the doj that you are in lawful possession of those items and then you can be in possession of off roster handguns so one thing i want to note is if there is someone watching this who maybe is in another state planning on moving to the state of california it is very prudent on you to make sure if you have an off roster handgun that you would like to have purchase it before you move the state of california because otherwise you're going to fall under the standard rules of being able to not be able to purchase off roster handguns you're going to have to jump through all these hoops that i talked about in this video for you to be able to take possession of an off roster handgun and this also leads into what we talked about private party transactions there are some individuals who purchased those items outside of the state moved into the state law lawfully notified the doj that they have those items they're in lawful possession of them if they then decide hey they no longer want them they can do a private party transfer transfer and send it to another individual because technically they were exempt from the roster of handguns when they moved in the state of california and reported they are able to actually have those off roster handguns those are some of the main ways that an individual who is a normal resident like me and you can get our hands on off roster handguns those are all the hoops that you're gonna have to jump through i tried to break it down as simple as i could talking about all the different steps but mainly what we talked about are interfamiliar transfers or if you're an exempt individual like a law enforcement officer you can lawfully possess those off roster handguns or you can get them through a private party transaction from an exempt individual but again you're gonna have to pay a premium for those items because of supply and demand so if you have any questions go ahead and comment down below and i'll try to answer the best of my ability if you like this video and like support the channel one of the best ways to do that is like comment subscribing and make sure you hit the notification bell because that helps the channel analytics help spread the word about the second amendment also helps spread critical information like this in the state of california also one thing i want to note real quick is that the roster of handguns is currently under attack and actually might be limited and parsed down there was some new laws that were passed by gavin newsom signed into law and if you want to learn about that you can watch this video right here and it's actually an attempt by the state of california to actually reduce the handgun roster which is already very small as it is so as always thank you guys for watching don't forget to like subscribe and never forget this nation was built farm scholars and this nation will be maintained by scholars

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