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View Full Version : Intrfamily transfer to my 2 year old.


CGaddiction
05-15-2009, 7:41 PM
Ok dudes here it goes. I did use the search funtion of this web site wich I have been spending entirely too much time on these last couple of months. But I have some really cool guns. Anyways As far as I understand intrafamily transfer of long arms can be done with no DROS or DOJ forms as long as that family member is your child, parent, or grandparent. I have two Questions. Do I need any kind of form or contract to state that this transfer has taken place to make it 100% legal if anyone was to question the legality of such a transfer? Question 2 I also was wondering if I could transfer my long arms to my 2 year old legaly. Thanks in advance for all the info and smart a@# comments.

PolishMike
05-15-2009, 7:44 PM
Does your 2 year old have any felony convictions? Ever been in a mental institution? Adjudicated to be a danger to others, found not guilty by reason of insanity, found incompetent to stand trial or placed under a conservatorship by a judge?

Doheny
05-15-2009, 7:47 PM
Here's the form....it asks for his DOB, so it likely won't fly.

http://www.ag.ca.gov/firearms/forms/pdf/oplaw.pdf

ke6guj
05-15-2009, 7:49 PM
Here's the form....it asks for his DOB, so it likely won't fly.

http://www.ag.ca.gov/firearms/forms/pdf/oplaw.pdfbut that form is for handgun transfers, not long gun transfers.

Doheny
05-15-2009, 7:52 PM
Missed that part...I stand corrected!

CSDGuy
05-15-2009, 7:55 PM
As long as said 2 year-old can possess a long gun... I see no reason why an interfamilial transfer (parent -> child) transfer wouldn't be ok. Now then, I don't know if a 2 year old can legally possess a long gun... but if one's ok then the other should be ok as well.

hawk1
05-15-2009, 7:57 PM
Does your 2 year old have any felony convictions? Ever been in a mental institution? Adjudicated to be a danger to others, found not guilty by reason of insanity, found incompetent to stand trial or placed under a conservatorship by a judge?

:smilielol5:

http://img90.imageshack.us/img90/3518/9monthscs4.jpg

Joe
05-15-2009, 7:58 PM
Maybe I'm wrong but don't you gotta be 18 to own guns? Isn't that a federal law or something?

bussda
05-15-2009, 8:01 PM
Do you have a California ID for your son?

ke6guj
05-15-2009, 8:02 PM
Well, here is the intrafamily transfer code,

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 basic firearms safety certificate. If taking possession on or after January 1, 2003, 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 grandchildNotice that for 12078(c)(2), that handgun transfers have the age limitation. I think the fact that that limitation is not included in 12078(c)(1) would indicate that there is no age limit for non-handgun transfers.

p7m8jg
05-15-2009, 8:02 PM
I thought 18 was the rule. Under that needed parental permission to use/possess them during hunting/practice, etc. But I don't think someone under 18 can own a firearm.

Don't have the penal code section handy, though. Must be somewhere's around PC 12021

bussda
05-15-2009, 8:03 PM
Maybe I'm wrong but don't you gotta be 18 to own guns? Isn't that a federal law or something?

That only counts for purchase longarms. Handguns is 21. Giving is different.

CGaddiction
05-15-2009, 8:06 PM
Hey thank you guys for your info. I know you need to be 18 to purchase guns but growin up in the hills I've been hunting with my buddies alone since at least 15 with long arms they got from their fathers so I thought maybe minors could own long arms if they were handed down.

ke6guj
05-15-2009, 8:09 PM
Maybe I'm wrong but don't you gotta be 18 to own guns? Isn't that a federal law or something?nope, federal law does not regulate age of ownership on normal firearms. They do regulate the age in which you can purchase a firearm from a dealer, but for non-dealer sales/transfers there is no federal age limit.

Federal law does required a person to be 18 to own/build an NFA item, or 21 if buying from a dealer.

Quiet
05-15-2009, 8:20 PM
Under CA law, minors (persons under 18 years old) are not restricted from possessing/using/owning a long gun.
Handguns and ammunition are another matter, but there are exemptions that allows a minor to possess/use a handgun and ammunition.


Penal Code 12101
(a)(1) A minor shall not possess a pistol, revolver, or other firearm capable of being concealed upon the person.
(2) Paragraph (1) shall not apply if one of the following circumstances exists:
(A) The minor is accompanied by his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves this use of a firearm.
(B) The minor is accompanied by a responsible adult, the minor has the prior written consent of his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(C) The minor is at least 16 years of age, the minor has the prior written consent of his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(D) The minor has the prior written consent of his or her parent or legal guardian, the minor is on lands owned or lawfully possessed by his or her parent or legal guardian, and the minor is actively engaged in, or is in direct transit to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, or a motion picture, television, or video production, or entertainment or theatrical event, the nature of which involves the use of a firearm.
(b)(1) A minor shall not possess live ammunition.
(2) Paragraph (1) shall not apply if one of the following circumstances exists:
(A) The minor has the written consent of his or her parent or legal guardian to possess live ammunition.
(B) The minor is accompanied by his or her parent or legal guardian.
(C) The minor is actively engaged in, or is going to or from, a lawful, recreational sport, including, but not limited to, competitive shooting, or agricultural, ranching, or hunting activity, the nature of which involves the use of a firearm.
(c) Every minor who violates this section shall be punished as follows:
(1) By imprisonment in the state prison or in a county jail if one of the following applies:
(A) The minor has been found guilty previously of violating this section.
(B) The minor has been found guilty previously of an offense specified in subdivision (b) of Section 12021.1 or in Section 12020, 12220, 12520, or 12560.
(C) The minor has been found guilty of a violation of paragraph (1) of subdivision (a).
(2) Violations of this section other than those violations specified in paragraph (1) shall be punishable as a misdemeanor.
(d) In a proceeding to enforce this section brought pursuant to Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of the Welfare and Institutions Code, the court may require the custodial parent or legal guardian of a minor who violates this section to participate in classes on parenting education that meet the requirements established in Section 16507.7 of the Welfare and Institutions Code.
(e) As used in this section, "responsible adult" means a person at least 21 years of age who is not within a class of persons prohibited from owning or possessing firearms by virtue of Section 12021 or 12021.1 of this code, or Section 8100 or 8103 of the Welfare and Institutions Code.
(f) It is not the intent of the Legislature in enacting the amendments to this section or to Section 12078 to expand or narrow the application of current statutory or judicial authority as to the rights of minors to be loaned or to possess live ammunition or a firearm for the purpose of self-defense or the defense of others.