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Clinton
03-29-2010, 8:26 PM
I know darn well this has been covered numerus times before, but......

My wife want's to get her CCW. She has no handgun registered to her, but I have one that she could carry. I know that she will have to take the Handgun Saftey test, but what else do we have to do to get it in her name? Is it as simple as taking the gun to our local FFL and doing a PPT? Do we really have to DROS it? Since we're married, does it even have to be in her name to carry it?

Thanks in advance for any help.

dantodd
03-29-2010, 8:29 PM
No DROS, must visit an FFL to get her HSC. Then you can simply give her the gun and file an Operation of Law transfer form. It's available at the DOJ website HERE (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf).

Clinton
03-29-2010, 8:52 PM
No DROS, must visit an FFL to get her HSC. Then you can simply give her the gun and file an Operation of Law transfer form. It's available at the DOJ website HERE (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf).

Cool. So no DROS. Does that mean no 10 day wait either. We just file the paper with the FFL and go on our way with the pistol?

tintguy
03-29-2010, 9:09 PM
She's your wife and since she is not prohibited you can loan her the pistol for 3 days without hsc, 30 days with hsc. I assume she lives with you and technically she can borrow every day and return it to you IIRC. Everyone please correct me if I'm wrong.

Librarian
03-29-2010, 9:10 PM
Cool. So no DROS. Does that mean no 10 day wait either. We just file the paper with the FFL and go on our way with the pistol?

No, you mail the form to the state; once she has the HSC and you've dropped the form in the mail, you're done - no need to wait for the state to respond.

Clinton
03-29-2010, 9:14 PM
She's your wife and since she is not prohibited you can loan her the pistol for 3 days without hsc, 30 days with hsc. I assume she lives with you and technically she can borrow every day and return it to you IIRC. Everyone please correct me if I'm wrong.


Arn't they going to check to see if she actually owns the firearm that she lists on her CCW app? I thought they did.

tintguy
03-29-2010, 9:15 PM
She's your wife and since she is not prohibited you can loan her the pistol for 3 days without hsc, 30 days with hsc. I assume she lives with you and technically she can borrow every day and return it to you IIRC. Everyone please correct me if I'm wrong.

Clinton
03-29-2010, 9:17 PM
No, you mail the form to the state; once she has the HSC and you've dropped the form in the mail, you're done - no need to wait for the state to respond.


There is no place on the form that asks anything about the HSC, so how does the State even know if she took the course? Does the FFL notify them?

ErikTheRed
03-29-2010, 9:18 PM
No. Not that simple in California. Your wife will need to submit for fingerprinting, a blood test, a cat scan, a spinal tap, a congressional hearing, and she'll have to sign a promisory declaration that once she takes possession of the pistol, she'll not touch, use, carry, load, fire, or otherwise handle the firearm in any way. All of this will also be required of you, her children, her mother, her neighbors on both sides, her mailman, and the checkout clerk at the store in which she most often shops where ammunition can be purchased.

Good luck.

tintguy
03-29-2010, 9:20 PM
If it's required for her ccw then I guess so. IIRC 3 days without hsc and 30 days with hsc is the rules for loaning a handgun.

unusedusername
03-29-2010, 9:30 PM
No. Not that simple in California. Your wife will need to submit for fingerprinting, a blood test, a cat scan, a spinal tap, a congressional hearing, and she'll have to sign a promisory declaration that once she takes possession of the pistol, she'll not touch, use, carry, load, fire, or otherwise handle the firearm in any way. All of this will also be required of you, her children, her mother, her neighbors on both sides, her mailman, and the checkout clerk at the store in which she most often shops where ammunition can be purchased.

Good luck.

http://cdn0.knowyourmeme.com/i/26035/original/obvious_troll.jpg

:eek: :p

Clinton
03-29-2010, 9:41 PM
Relax dude, ErikTheRed is my brother and he's just joking (sort of).

ErikTheRed
03-29-2010, 9:48 PM
Relax dude, ErikTheRed is my brother and he's just joking (sort of).

But then, he did put a little tounge-sticky-outty smiley guy at the bottom of the post, so who knows......

Librarian
03-29-2010, 10:35 PM
There is no place on the form that asks anything about the HSC, so how does the State even know if she took the course? Does the FFL notify them?

They don't. Be Good Citizen and do it anyway. Besides, someday she may want to buy you a present, and she'll need it.

And there's no course, just a simple 30 question test that anyone should be able to pass without a lot of thinking. Get the study guide here (http://ag.ca.gov/firearms/hscinfo.php).

Clinton
03-30-2010, 12:10 AM
They don't. Be Good Citizen and do it anyway. Besides, someday she may want to buy you a present, and she'll need it.

And there's no course, just a simple 30 question test that anyone should be able to pass without a lot of thinking. Get the study guide here (http://ag.ca.gov/firearms/hscinfo.php).


I already went through that sample test with her. However, like I said before she is going to go for a CCW. If she gets it, she won't need an HSC anymore as the CCW permit is just as good for buying a gun. Right?
So we printed out that transfer form and we'll send that in. So she should be good to go after that.

Thanks for the responses.

Whiskey84
03-30-2010, 12:14 AM
This is good to know. My soon-to-be wife wants a pistol and I might buy one for her as a surprise and then transfer it to her...

JDay
03-30-2010, 2:25 AM
If it's required for her ccw then I guess so. IIRC 3 days without hsc and 30 days with hsc is the rules for loaning a handgun.

CA law says you need an HSC before you even take possession of a handgun. There are very few exemptions. The three day exemption requires that the handguns owner be present at all times.

http://ag.ca.gov/firearms/hscfaqs.php#a16

Is a Handgun Safety Certificate (HSC) required when a handgun is being loaned?

It depends on the specific circumstances. Generally, a person being loaned a handgun must have a current Handgun Safety Certificate (HSC). However, an HSC is not required when the loan does not exceed three days in duration and the person loaning the handgun is at all times within the presence of the person being loaned the handgun.


http://ag.ca.gov/firearms/hscfaqs.php#c6

What are the Handgun Safety Certificate (HSC) requirement exemption codes?

* X01 = Special Weapons Permit Holder
* X02 = Operation of Law Representative
* X03 = Handgun being returned to the owner
* X13 = FFL collector with COE (curio and relic handguns only)
* X21 = Military - Active Duty
* X22 = Military - Reserve
* X25 = Military - Honorably Retired
* X31 = Peace Officer - California - Active
* X32 = Peace Officer - Federal - Active
* X33 = Peace Officer - California - Honorably Retired
* X34 = Peace Officer - California - Reserve
* X35 = Peace Officer - Federal - Honorably Retired
* X41 = Carry Concealed Weapon (CCW) Permit Holder
* X81 = P.O.S.T. 832 PC (Firearms) Training
* X91 = Particular and Limited Authority Peace Officers
* X95 = Law Enforcement Service Gun to Family Member

JDay
03-30-2010, 2:27 AM
I already went through that sample test with her. However, like I said before she is going to go for a CCW. If she gets it, she won't need an HSC anymore as the CCW permit is just as good for buying a gun. Right?
So we printed out that transfer form and we'll send that in. So she should be good to go after that.

Thanks for the responses.

How can she take possession of the handgun to take the required handgun courses without first getting an HSC? Its a catch-22.

Decoligny
03-30-2010, 6:56 AM
If it's required for her ccw then I guess so. IIRC 3 days without hsc and 30 days with hsc is the rules for loaning a handgun.

I believe the terminology in the Penal Code says that you may load a firearm for UP TO 30 DAYS to someone who has an HSC.

The up to 3 day loan without the HSC must meet ALL of the following conditions:

PC 12078 (d) (2)
Subdivision (d) of Section 12072, and subdivision (b) of Section 12801 shall not apply to the loan of a firearm where all of the following conditions exist:
(A) The person loaning the firearm is at all times within the presence of the person being loaned the firearm.
(B) The loan is for a lawful purpose.
(C) The loan does not exceed three days in duration.
(D) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.
(E) The person loaning the firearm is 18 years of age or older.
(F) The person being loaned the firearm is 18 years of age or older.

OlderThanDirt
03-30-2010, 8:36 AM
How can she take possession of the handgun to take the required handgun courses without first getting an HSC? Its a catch-22.

It takes about 10 minutes (two hours in gun shop time) to take the HSC and get your card. No course required. No gun required. So, she should go to the gun store/range a little early, get her HSC and then take her CCW course. The test is so stinking easy its a joke and an excuse for the state to get a little more of your money.

paul0660
03-30-2010, 8:55 AM
Arn't they going to check to see if she actually owns the firearm that she lists on her CCW app? I thought they did.

Some do some don't.

JDay
03-30-2010, 12:30 PM
It takes about 10 minutes (two hours in gun shop time) to take the HSC and get your card. No course required. No gun required. So, she should go to the gun store/range a little early, get her HSC and then take her CCW course. The test is so stinking easy its a joke and an excuse for the state to get a little more of your money.

Took me about 10 minutes total when I got mine. There was nobody else in the shop when I went in though.

unusedusername
03-30-2010, 12:34 PM
+1

The HSC test is mostly idiot check questions... if you know anything at all about guns you should be able to pass it.

Clinton
03-30-2010, 9:47 PM
Guys, I know all about the HSC. I have one, of course. BUT, what doesn't make any sense is that I can transfer a pistol to my wife using the Intra-Family Transfer form without her ever haveing to take the HSC test. There is no place on the form or instructions for supplying HSC info. Looks like it's a "send it in and it's hers" sort of deal. Looks like a loophole to get around the HSC test.

What am I missing here?

ke6guj
03-30-2010, 9:58 PM
Guys, I know all about the HSC. I have one, of course. BUT, what doesn't make any sense is that I can transfer a pistol to my wife using the Intra-Family Transfer form without her ever haveing to take the HSC test. There is no place on the form or instructions for supplying HSC info. Looks like it's a "send it in and it's hers" sort of deal. Looks like a loophole to get around the HSC test.

What am I missing here?even though the intrafamily/op-law form doesn't have a spot to include her HSC info, the law requires her to have one. Will they call and ask if she has one, probably not, but they could. There have been some calgunners that have been called by CADOJ asking if they had an HSC. granted, they were 18-20 and the CADOJ did not realize that they could legally get an HSC. She thought that she could void the transfer, but the calgunner had an HSC.

12078(i)(2) Subdivision (d) of Section 12072 shall not apply to a person who takes title or possession of a handgun by operation of law if the person is not prohibited by Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code from possessing firearms and all of the following conditions are met:
(A) If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.210 of the Code of Civil Procedure nor a person who is receiving that firearm pursuant to subparagraph (G), (I), or (J) of paragraph (2) of subdivision (u), the person shall, within 30 days of taking possession, forward by prepaid mail or deliver in person to the Department of Justice, a report of information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this paragraph shall be provided to them by the department.
(B) If the person taking title or possession is receiving the firearm pursuant to subparagraph (G) of paragraph (2) of subdivision (u), the person shall do both of the following:
(i) Within 30 days of taking possession, forward by prepaid mail or deliver in person to the department, a report of information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this paragraph shall be provided to them by the department.
(ii) Prior to taking title or possession of the firearm, the person shall obtain a handgun safety certificate.

Cokebottle
03-30-2010, 10:00 PM
+1

The HSC test is mostly idiot check questions... if you know anything at all about guns you should be able to pass it.
The barrel should always be pointed:
A - North
B - South
C - In the Safest Possible Direction
D - At your Son's Head

When someone offers you a gun, you should
A - Remove the Magazine
B - Clear the Action
C - Visually and Physically Verify the Chamber is Empty
D - All of the above

Ya... it's pretty simple.

Actually, my first example is one of the most commonly missed questions because two of the possible answers are "up" and "down". Some people rush it and check one of those without reading all of the answers.

ErikTheRed
03-31-2010, 12:04 AM
Truth be told, I did miss one of the 30 questions on the HSC. I don't remember exactly how the question was worded, but it was something like this....

If you are convicted of any felony crime, how long must pass before you can legally own a firearm?

A. 1 year
B. 5 years
C. 10 years
D. You may never again own a firearm.

I answered C, 10 years. I figured NEVER was pretty harsh, considering many crimes that can carry a felony charge are non-violent and non-drug related, ie "white collar" crimes. Turns out NEVER was the answer they were looking for, but upon further research, I discovered that NEVER is actually wrong. There are several circumstances in which a convicted felon could legally own a firearm again, such as having his felony record expunged and his rights restored. So technically, NEVER is the wrong answer. I want my score corrected. ;)

JDay
03-31-2010, 1:07 AM
Truth be told, I did miss one of the 30 questions on the HSC. I don't remember exactly how the question was worded, but it was something like this....

If you are convicted of any felony crime, how long must pass before you can legally own a firearm?

A. 1 year
B. 5 years
C. 10 years
D. You may never again own a firearm.

I answered C, 10 years. I figured NEVER was pretty harsh, considering many crimes that can carry a felony charge are non-violent and non-drug related, ie "white collar" crimes. Turns out NEVER was the answer they were looking for, but upon further research, I discovered that NEVER is actually wrong. There are several circumstances in which a convicted felon could legally own a firearm again, such as having his felony record expunged and his rights restored. So technically, NEVER is the wrong answer. I want my score corrected. ;)

None of those answers are correct, you can petition to have your rights restored.