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View Full Version : Family gun transfers in California (parent/child, grandparent/grandchild)


Librarian
10-02-2008, 11:54 PM
California allows Non-FFL transfers among certain family members within California.

In all cases the law specifies the receiver must not be prohibited from owning guns.

The applicable Penal Code is 12072(d) and 12078(c) (http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html) 12072 (d) Where neither party to the transaction holds a dealer's
license issued pursuant to Section 12071, the parties to the
transaction shall complete the sale, loan, or transfer of that
firearm through a licensed firearms dealer pursuant to Section 12082.

12078 (c) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a firearm that is not a handgun by gift,
bequest, intestate succession, or other means by one individual to
another if both individuals are members of the same immediate family.

(2) Subdivision (d) of Section 12072 shall not apply to the
infrequent transfer of a handgun by gift, bequest, intestate
succession, or other means by one individual to another if both
individuals are members of the same immediate family and all of the
following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30
days of taking possession of the firearm, forward by prepaid mail or
deliver in person to the Department of Justice, a report that
includes information concerning the individual taking possession of
the firearm, how title was obtained and from whom, and a description
of the firearm in question. The report forms that individuals
complete pursuant to this paragraph shall be provided to them by the
Department of Justice.
(B) The person taking title to the firearm shall first obtain a
handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.

(3) As used in this subdivision, "immediate family member" means
any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.


(1) Note the text in RED. It really means ONLY those relationships, in either direction. Your brother, uncle, or cousin are NOT included. However, in a slightly different operation, husbands and wives can give guns to each other, in an 'operation of law' called conversion.

(2) 12078(c)(1) means long guns are paperless. There is no fee, there is no notification, and there is no age limit.

(3) 12078(c)(2) means handguns require paper and a fee - this form, Operation of Law or Intrafamilial Handgun Transaction Report (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf), and $19 for all the handguns you care to transfer.

(4) 12078(c)(2) also means parents or grandparents can transfer handguns to children or grandchildren 18 or older. Since it's illegal for dealers to transfer handguns to people under 21, this is the way people 18, 19 and 20 can legally receive handguns. (Penal Code 12026 (http://caselaw.lp.findlaw.com/cacodes/pen/12020-12040.html) is quite clear that those 18 and over can "own, possess, [and] keep ..." a pistol or revolver.)

(5) The Handgun Safety Certificate (http://ag.ca.gov/firearms/hscinfo.php) is required for handgun transfers, even though the Transaction Report has no place to record the HSC number or other verification that the receiver has the HSC.

(6) An additional part of the Penal Code, 12132 (http://caselaw.lp.findlaw.com/cacodes/pen/12125-12133.html) 12132. This chapter shall not apply to any of the following:

(b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.says that intrafamilial handgun transfers are NOT subject to the Roster of Handguns (http://www.calguns.net/calgunforum/showthread.php?t=81127).

INTERSTATE transfers (http://www.calguns.net/calgunforum/showthread.php?t=114142) are generally NOT FFL-free, because Federal law says so.

"Infrequent" means "five or fewer times per year".(PC 12070 (c)(1) (http://caselaw.lp.findlaw.com/cacodes/pen/12070-12086.html) )