View Full Version : Semi-complicated Gun transfer question:HELP

02-23-2009, 12:56 PM
Alright guys, Here it goes. I have a friend who's father was SJPD and passed away in 1999. All of his guns were taken by relatives/friends and what not, Except one Ruger 10/22 rifle. My friends mother then passed away in 2007,(very sad story I know). My friend, a minor then(now 20) has been living in the house as it has been hers since then. The gun is just there. Is it illegal in any way considering no paper work was ever done? Meaning no DROS transfer after the father, and then mother passing. Considering she aqquired the gun as a minor, But is now an adult? I'm pretty savy on most of the laws but this one throws me off. Thanks guys.

02-23-2009, 12:57 PM
No, from what I read it's completely legal.

02-23-2009, 1:08 PM
So there never had to be any paper work done in 2007 for her in inherit the rifle? ( I don't think there was DROS in 99? I was only 11 at that time)

02-23-2009, 1:17 PM
DROS has been around for a LONG time. What we currently refer to as DROS has been in effect since 1991.

02-23-2009, 1:47 PM
Intra-familial transfers of long arms are paperless in CA.

5. Can I give a firearm to my adult child? Can he/she give it back to me later?

Yes, as long as the adult child receiving the firearm is not in a prohibited category PDF logo [PDF 10 kb / 1 pg] and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit an Report of Operation of Law or Intra-Familial Handgun Transaction PDF logo [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).

(PC section 12078(c))(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.