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patsline74
09-03-2009, 7:40 PM
I know the intrafamilial transfer has been discussed a lot, but I didn't find my specific question using the search feature, so here goes. When I sent in my intra-familial transfer paperwork and fee, I was told I did not need an HSC, but now that I do some reading, I don't fall under any exemptions. I already received the paper saying I now own the firearm. Can I get in trouble for not having the HSC? I don't want to get it, especially if I seemingly don't need it.

Thanks all.

ke6guj
09-03-2009, 7:45 PM
the law requires you to have the HSC, but does not confirm that you have one. In fact, the op-law/intrafamily form does not even have a spot for you to enter your HSC#, but you are still supposed to have one.



12078(c)(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 grandchild.

Z ME FLY
09-03-2009, 8:47 PM
I know the intrafamilial transfer has been discussed a lot, but I didn't find my specific question using the search feature, so here goes. When I sent in my intra-familial transfer paperwork and fee, I was told I did not need an HSC, but now that I do some reading, I don't fall under any exemptions. I already received the paper saying I now own the firearm. Can I get in trouble for not having the HSC? I don't want to get it, especially if I seemingly don't need it.

Thanks all.

I would say you should get one. Does the law say you should have it?

the law requires you to have the HSC, but does not confirm that you have one. In fact, the op-law/intrafamily form does not even have a spot for you to enter your HSC#, but you are still supposed to have one.

Just get it, if you can pass the HSC then you are on the up and up. No point of having something go wrong because you didn't want to take the HSC test. If you don't pass it well.... imo you shouldn't own a firearm. That goes for anyone who can't pass that test. It's pretty easy and you can get a couple of wrong too.

Huzar
09-03-2009, 8:48 PM
the law requires you to have the HSC, but does not confirm that you have one. In fact, the op-law/intrafamily form does not even have a spot for you to enter your HSC#, but you are still supposed to have one.

You have to have an HSC to buy but not to own... intra family transfer is not a purchase.

ke6guj
09-03-2009, 8:54 PM
You have to have an HSC to buy but not to own... intra family transfer is not a purchase.did you even read the PC quoted in my reply, and the highlighted sections?

Nobody said you had to have the HSC to own a handgun, but CA does require you to have an HSC to receive a handgun in an intrafamily transfer.

And you need an HSC if you are being loaned a hangun as well, even without a purchase involved.

patsline74
09-04-2009, 6:42 AM
Thanks for the replies. I guess I'll be getting one then. I'm sure I can pass it, I just figured why bother, but the penal code clearly says I should bother. lol.

ke6guj
09-04-2009, 12:27 PM
the PC said you needed to have the HSC when the handgun was transferred to you. Now that you have it, you don't need to have an HSC to possess the handgun.

The fact that the intrafamily transfer came back approved, probably puts you in the clear. As an example, another <21-year old CG'er did an intrafamily transfer and CADOJ called him to deny the transfer because he was under 21 (the clerk did not even know the law he enforces) and the need for an HSC was brought up in the conversation). But since the transfer is already logged, I doubt they would go back and check on your HSC status.

But, it is cheap insurance to just go get one. Even though it was issued after the transfer, it should help show that you attempted to comply with the law when you became aware of it.

stix213
09-04-2009, 12:56 PM
Not a bad idea to get one, just so you have read the study guide. Although, if you already have the handgun in your name you no longer have any legal reason to need to go out and get one.

If a LEO does an inspection on your handgun for example, you aren't going to need to provide a copy of your HSC, and you don't have to keep an HSC current to continue legally owning a handgun.

So good idea? YES
Are you going to get in any trouble legally if you don't? NO