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grymster
02-07-2010, 8:57 AM
So my son wants to give his SU-16 to his brother-in-law and neither of them wants to pay for an FFL transfer. I found the following FAQs on the CA Attorney General's website.

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 a 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))


Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?

Yes, as long as the person receiving the firearm is not in a prohibited category PDF logo [PDF 10 kb / 1 pg] and the firearm is not an assault weapon, the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer. However, if the firearm is a handgun, the recipient 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.

(PC sections 12076(f), 12078(i))

I appears that son could give the gun to either me or Mrs. Grymster, then we could give it to our daughter. Now, being that it is an SU-16, is that gun considered an assault weapon? If so, then it appears the gun could not then be transferred from daughter to S-I-L without visiting an FFL. Correct?

I don't own anything that would be considered an assault weapon, so I have no idea.

Fate
02-07-2010, 9:01 AM
As long as it is a long arm and not crossing state lines (i.e. son or daughter in different states from you), your scenario is convoluted, but absolutely legal.

grymster
02-07-2010, 9:15 AM
As long as it is a long arm and not crossing state lines (i.e. son or daughter in different states from you), your scenario is convoluted, but absolutely legal. Everyone lives in CA. In the end it may not be as convoluted as it sounds. Our next family gathering could go something like this:

Son - "Dad, I want you to have this rifle"
grymster - "Thanks dude! I'll keep it" :43:
S-I-L "WTF?"
grymster - "always wanted one of these! How much ammo you giving me?" :43:
S-I-L "WTF?"
grymster - "off to range, see you guys later" :43:
S-I-L "WTF?"