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locosway
10-23-2009, 7:34 AM
What year did CA require handguns to be registered when they're intrafamily transfered?

Also, what's the legal age an intrafamily transfer can occur, is it 18?

FS00008
10-23-2009, 10:24 AM
Dunno about the registration thing.


Yes it's 18.

para38super
10-23-2009, 11:24 AM
I beleive is was Jan 1991

locosway
10-23-2009, 12:51 PM
So, say a grandfather gave their grandson whom they were like a father to (living with etc), a handgun before they were 18 (1990) but retained possession until they turned 18 (1999), and the handgun was never registered.

I suppose it wasn't a legal transfer and would need to be done again and have the handgun be registered to be legal?

Also, what if the handgun is a C&R?

ar15barrels
10-23-2009, 2:59 PM
So, say a grandfather gave their grandson whom they were like a father to (living with etc), a handgun before they were 18 (1990) but retained possession until they turned 18 (1999), and the handgun was never registered.

I'm pretty sure intra-family transfers have to be direct blood relatives within 1 generation.
Father-Son, Father-Daughter, Mother-Son or Mother-Daughter.

"Like a Father" is not even a blood relative... ;)

There's no registration excemption for C&R.

Then there's this:

Sales or Transfers of Firearms or Related Devices to Minors

It is unlawful for a firearms dealer to sell a handgun to any person under the age of 21 or any other
firearm to a person under the age of 18. (Penal Code 12072(b).)
NOTE: Violation of this prohibition where the violation involves the delivery of any
firearm to a person who the dealer knows, or should know, is a minor, is punishable as a felony.
No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor. (Penal
Code 12072(a)(3).)
NOTE: See "Exceptions" on page 44 for loans of firearms to minors.
It is unlawful for any person to sell ammunition or reloaded ammunition to a person under 18 years
of age. (Penal Code 12316(a)(1)(A).)
It is unlawful for any person to sell any ammunition or reloaded ammunition designed and intended
for use in a handgun to a person under 21 years of age. Where ammunition or reloaded ammunition
may be used in both a rifle and a handgun it may be sold to a person who is at least 18 years of age,
but less than 21 years of age, if the vendor reasonably believes that the ammunition is being acquired
for use in a rifle and not a handgun. (Penal Code 12316(a)(1)(B).)
It is unlawful for any person to sell or furnish a BB device to any minor without permission of
the minor’s parent or legal guardian. (Penal Code 12551, 12552.)
It is unlawful for a minor to possess a handgun unless one of the following circumstances exists:
• the minor is accompanied by his or her parent or legal guardian and the minor is actively
engaged in a lawful recreational sporting, ranching, or hunting activity, or a motion picture,
television, or other entertainment event;
• the minor is accompanied by a responsible adult and has prior written consent of his or her parent
or legal guardian and is involved in one of the activities cited above; and
• the minor is at least 16 years of age, has prior written consent of his or her parent or legal
guardian, and the minor is involved in one of the activities cited above.
It is unlawful for a minor to possess live ammunition unless one of the following
circumstances exists:
• the minor has the written consent of his or her parent or legal guardian to possess live
ammunition;
• the minor is accompanied by his or her parent or legal guardian;
• 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. (Penal Code 12101.)

I don't think you can claim ownership of something you were not allowed to possess at the time you claim ownership.

locosway
10-23-2009, 3:17 PM
I guess I should do an intrafamily transfer with my mother.

Quiet
10-23-2009, 5:11 PM
I'm pretty sure intra-family transfers have to be direct blood relatives within 1 generation.
Father-Son, Father-Daughter, Mother-Son or Mother-Daughter.

"Like a Father" is not even a blood relative... ;)

It can be more than 1 generation.

Penal 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 grandchild.

locosway
10-23-2009, 5:15 PM
I still would have to be 18 at the time to receive it, which I wasn't. So, in 1999 when I turned 18 I would have needed to do a intrafamily per the DOJ and have it registered.

So, I guess now I should do the intrafamily and register it, even though I'd rather not register it if I don't need to.

AJAX22
10-23-2009, 5:24 PM
I was given legal title to my grandfathers pistol when I was six or so.

He said "this is yours, I'll store it for you till your older, but its yours now you own it"

If they want to prosecute my grandfather for giving me his pistol while I was underage they are welcome to try.... last I looked the CA DOJ didn't have jurisdiction in the afterlife.

If they want to come after ME for failing to register the pistol that I was given when I was six, I hope they've got a shovel and a strong back... they'll have a hell of a time finding it to prove that it even exists.... I greased it down, packed it up and buried it properly for future generations to own unencumbered. Somehow I think grandpa would approve.

mmartin
10-23-2009, 6:07 PM
It can be more than 1 generation.

Penal Code 12078
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.

and for compeleteness in this reference... althought not called out here, husband-wife works the same way, using the same form (based on property law, transfer of property between spouses).

megan

locosway
10-23-2009, 7:33 PM
I have the 1911, and I'm 28. My grandpa is still alive, but he gave it to me some years ago.

It's currently not registered, so I'm unsure if I should do the intrafamily transfer now, or just leave it alone and keep it how it is.