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bebeto
09-04-2009, 10:24 PM
:confused:Is the fee for the Intra-Familia Handgun Transaction form $19 gun or per form?

Librarian
09-04-2009, 10:54 PM
:confused:The wife inherited some firearms including handguns several years ago from her dad. They went into storage after his estate completed probate. I would like to shoot some of these [hanguns] at the range and want to make sure everything is legal. All of this takes place under California Law. From what I understand she can give me these handguns without FLL Dealer involvement as long as I have a current HSC and she files a Form FD 4544A or Intra-Familial Handgun Transaction and pays the $19 to the state. The long guns can be transfered without any papaerwork. Is this correct?:confused:

Yes.

Of course, she could just lend some of them to you while she shoots others of them ... :)

liketoshoot
09-05-2009, 7:38 AM
I think he wants to go shooting!! But you should let the wife have some fun too. this way she can honor her dad and have time with you.

five.five-six
09-05-2009, 8:42 AM
:lol: California is a community property state

Librarian
09-05-2009, 9:10 AM
What is the law concerning loaning a handgun to a spouse? I have read that the spouse be required to accompany the loanee during its use?

Better (as in his:'correct' instead of mine:'wrong') answer from Mssr Elegante, below.
(Same as anyone else - if you don't want to do the FFL/10-days/HSC thing (which, strictly speaking, is required for loans) then lender stays in the same location as borrower.)

Practically, who would know, and if one knew, who would care? If both spouses were not 'prohibited persons', it would be like borrowing each other's cars.

Ten Rounder
09-05-2009, 9:27 AM
What is interesting here is that these hand guns fell off the grid of ownership. The DOJ is happy to put these back into the system. If no one filed a LEGR till later not much happens.

I received a pistol from my wife which was her previous late husband's. I know that the paperwork was not completed until I did the Intra-family transfer.

Wife hands pistol to Husband, Husband has HSC, Only Husband needs to fill out Intra-Family transfer and mail his fee in.

What I don't like about this is that my wife with out my permission can do the same behind my back and after receiving the LEGR in the mail can now sell or dispose of that pistol with out my knowledge.

Long guns are even more a risk, they are gone in an instant. Don't piss off your wife an never give her total access to the safe.

Yes, community property state, be aware.

Librarian
09-05-2009, 10:21 AM
LEGR is Law Enforcement Gun Release, essentially a DROS before LE returns a gun after holding it for some reason.

Perhaps you mean the OPLAW form.

Since there is no requirement that a handgun be registered before it can be sold, what you suggest can happen without filing any forms, without receiving confirmation from the state.

I believe DROS'd handguns are run against the 'stolen' list, but not to determine any chain of title.

Ten Rounder
09-05-2009, 10:44 AM
The OPLAW and the LEFR (LEGR) are one in the same as per the letter I received from the DOJ.

halifax
09-05-2009, 11:03 AM
The OPLAW and the LEFR (LEGR) are one in the same as per the letter I received from the DOJ.

LEGR (http://ag.ca.gov/firearms/forms/pdf/legr.pdf)

OPLAW (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf)

Similar forms but differnt.

Mssr. Eleganté
09-05-2009, 11:07 AM
Same as anyone else - if you don't want to do the FFL/10-days/HSC thing (which, strictly speaking, is required for loans) then lender stays in the same location as borrower.

For people "personally known to each other" the loan of a firearm does not have to go through an FFL, as long as the loan does not exceed 30 days. For handguns the person being loaned the firearm needs an HSC. The lender does not have to stay in the same location as the borrower. Staying in the same location as the borrower only applies when you loan a firearm to somebody who is not "personally known" to you, or if the borrower doesn't have an HSC for a handgun, or if you are loaning a registered assault weapon. So for a husband and wife, there is no reason to do the intrafamily transfer or to transfer at an FFL or to stay with the spouse during the loan. As long as you have an HSC then you can borrow your spouse's handguns for up to 30 days at a time with zero reporting requirements and zero fees paid.

CPC 12078(d)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent loan of firearms between persons who are personally known to each other for any lawful purpose, if the loan does not exceed 30 days in duration and, when the firearm is a handgun, commencing January 1, 2003, the individual being loaned the handgun has a valid handgun safety certificate.

Librarian
09-05-2009, 4:09 PM
The OPLAW and the LEFR (LEGR) are one in the same as per the letter I received from the DOJ.

It appears that DOJ knows not of which it wrote in the letter you received.

Sad, but not a great surprise.

Do read the instructions for each, after downloading them through the links halifax posted. You will see they apply to very different things.

Mssr. Eleganté
09-06-2009, 12:07 PM
:confused:The wife inherited some firearms including handguns several years ago from her dad. They went into storage after his estate completed probate. I would like to shoot some of these [hanguns] at the range and want to make sure everything is legal. All of this takes place under California Law. From what I understand she can give me these handguns without FLL Dealer involvement as long as I have a current HSC and she files a Form FD 4544A or Intra-Familial Handgun Transaction and pays the $19 to the state. The long guns can be transfered without any papaerwork. Is this correct?:confused:


:confused:Is the fee for the Intra-Familia Handgun Transaction form $19 gun or per form?

The fee on the Intra-Familial Handgun Transaction form is $19 for any number of handguns. If you are reporting more than three handguns then just use additional forms, but only include one payment of $19.