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View Full Version : Interfamily handgun transfer?


zcarczar
04-26-2006, 8:05 PM
I'm hoping some of you may have more info on this, I own a few rifles of my own and my grandpa gave me a revolver a few weeks ago since he bought it for me quite a few years ago when I used to go spend the summers with him back in Texas. Is there anyway I can transfer it into my name before I turn 21? Which is in about 11 months.

leelaw
04-26-2006, 9:41 PM
http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Fill this out and send it to DOJ, along with a $19 check.

Intrafamilial transfers must only be reported for handguns - you can trade those (non AW) longguns around all you want. without paperwork.

ghideon
04-26-2006, 9:43 PM
Just got the paper work done for this today. Handguns only, no AW, no hi cap mags. Also, the handgun doesn't have to be on the list.

shin_en
04-26-2006, 10:28 PM
Okay, so does that mean that if I had a lower and they were listed, can I just give it to my brother to list for himself?

Inoxmark
04-27-2006, 12:11 AM
Okay, so does that mean that if I had a lower and they were listed, can I just give it to my brother to list for himself?All transfers, giveaways, etc need to happen before they are listed. After they are listed they immediately become AW, banned for transfer, including intrafamiliar transfers. By the way, transfer to your brother (or sister) is not considered intrafamiliar anyway and need to go through FFL.

socalguns
04-27-2006, 12:37 AM
yes, but if your dad is alive, he can give to your sister :)

EOD Guy
04-27-2006, 7:17 AM
I'm hoping some of you may have more info on this, I own a few rifles of my own and my grandpa gave me a revolver a few weeks ago since he bought it for me quite a few years ago when I used to go spend the summers with him back in Texas. Is there anyway I can transfer it into my name before I turn 21? Which is in about 11 months.

You can do an interfamilial transfer without FFL involvement IF your grandfather is a California resident. You must have a handgun safety certificate and must submit the transfer form to DOJ along with $19.00. Here is a link to the form.

Operation of Law or Intrafamilial Handgun Transaction Report (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf)

If your grandfather is not a California resident, the handgun must be transferred through a California dealer.




Okay, so does that mean that if I had a lower and they were listed, can I just give it to my brother to list for himself?

No. Siblings are not considered "immediate family" for the purpose of firearms transfers. The definition in the Penal Code only includes grandparents, parents, children, and grandchildren. Spouses are not even included in the definition although DOJ appears to allow those transfers.

edited to add: I saw a post by edwardm in another thread that explains why DOJ allows transfers between spouses. It seems that the California Family Code Section 850 allows for transfer of property between spouses.

gmcem50
04-27-2006, 2:48 PM
This might be nitpicking but what about step-parents? My mother re-married after my father died and my step-father wants to give me a Ruger SP101. Does the intrafamiliar transfer apply here?

Jeff Rambo
04-27-2006, 3:25 PM
Legal Guardians count, so I would imagine step parents might. Call the DOJ and ask. These questions are pretty straight-forward so there should not be much room for a dozen conflicting answers.

bg
04-27-2006, 9:44 PM
http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Fill this out and send it to DOJ, along with a $19 check.

Intrafamilial transfers must only be reported for handguns - you can trade those (non AW) longguns around all you want. without paperwork.
About this..My brother died and left me his shotgun.
It's legal as he bought it at Wilson's Gun World when
Jerry was alive. Since no one wanted it, I've held
onto it. What do I have to do to make it mine ?

This happened back in 98, and the gun just sits in the
safe. Any info is appreciated., bg

ghideon
04-28-2006, 12:27 PM
The form we're talking about:
http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

Is only for handguns. For parent->child or grandparent->grandchild long gun transfers, you don't need to fill out that form. You can voluntarily register the long gun if it's a gift/inheritance if you wish.

bg, for your situation I'm not sure...

darmom
04-28-2006, 8:59 PM
My mom gave me a pistol back in 1994. We went to an FFL and they said we don't have to do anything. I'm assuming this rule is newer than that, so am I in the clear? What a PITA...