PDA

View Full Version : Dad is LEO and owns an off list gun, Can he transfer it to me?


Matt3989
10-15-2010, 9:05 AM
Hi there,

My dad is an LEO and owns a Gen 4 glock 23, can he transfer it to me if I send in an intra familial transfer? I've heard about doing this if your parents live out of state but I cant find anything if your parents already live in California. :confused:

69Mach1
10-15-2010, 9:07 AM
Yes. He can PPT to anyone he likes as well.

Gryff
10-15-2010, 9:17 AM
Yep. And the beautiful thing is that you don't even need to use an FFL for the transfer. He hands the gun to you, and you fill out an Intrafamilial Transfer form (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) and mail it with a $19 check into the state. Gun is now yours without the dreaded 10-day wait.

But he can't transfer the hi-cap mags to you unless he disassembles them and provides them to you for rebuilding for your existing G23 hi-cap mags.

leelaw
10-15-2010, 9:22 AM
If you have a handgun safety certificate, are 18 or older, and are lawfully able to possess the handgun, he can give it to you in person, and then you report the transfer to the DOJ using the Intrafamilial Transfer / Operation of Law form on the DOJ's website, with a payment of $19. It'll be cheaper than PPTing the gun at a dealer, and it bypasses the ten day waiting period.

He may not transfer any magazines with a capacity of 11 or greater rounds to you.

Greg-Dawg
10-15-2010, 10:19 AM
While you're at it get a G17G4.
http://img.photobucket.com/albums/v171/Gregdog/Pin%20Ups/GKnife002.jpg

Matt3989
10-15-2010, 11:08 AM
Awesome thanks guys. That stinks about the mags can I use pre ban glock 23mags in the gun? Can't wait til im LEO myself and can bypass most of these garbage laws!

leelaw
10-15-2010, 11:59 AM
can I use pre ban glock 23mags in the gun?

A person who lawfully possesses the large capacity magazines may use them in the firearm, or they may loan the magazines for use in the firearm as long as they are in the immediate area. (ie: let someone a booth over use the magazine, but NOT lend them to someone who takes them out to the range)

Gryff
10-15-2010, 12:45 PM
can I use pre ban glock 23mags in the gun

Yes. There is no law against owning hi-cap mags. There is only a law against making, purchasing, or importing them after the date the ban went into effect.

If you had them before the ban, then definitely use and enjoy them.

Verci0013
10-15-2010, 12:56 PM
I thought you don't need any form when tranfering intrafamilial?

Gryff
10-15-2010, 1:00 PM
I thought you don't need any form when tranfering intrafamilial?

You do for pistols.

BigDogatPlay
10-15-2010, 1:02 PM
Can't wait til im LEO myself and can bypass most of these garbage laws!

Just remember those of us who are either former LEO or non LEO who have to obey the garbage laws...................

Matt3989
10-15-2010, 2:42 PM
Yes. There is no law against owning hi-cap mags. There is only a law against making, purchasing, or importing them after the date the ban went into effect.

If you had them before the ban, then definitely use and enjoy them.

thats funny because im not making, purchasing or importing them, my dad is giving them to me because he lawfully owns them and they came with the gun. :confused:

Matt3989
10-15-2010, 2:43 PM
Just remember those of us who are either former LEO or non LEO who have to obey the garbage laws...................

I feel their pain, I still have two more years of college left! Does anyone know if you can CCW the off list guns that are transfered to you through intra familial transfer or ppt?

jessegpresley
10-15-2010, 2:46 PM
You're SOL with the mags. Just because Daddy is a cop doesn't mean he can give them to you.

thats funny because im not making, purchasing or importing them, my dad is giving them to me because he lawfully owns them and they came with the gun. :confused:

leelaw
10-15-2010, 2:50 PM
thats funny because im not making, purchasing or importing them, my dad is giving them to me because he lawfully owns them and they came with the gun. :confused:

No go. He can not give them to you.

He should reacquaint himself with section 12020 of the penal code. If you want to see how you'd fall into play, have him describe criminal conspiracy to you.

He enforces the law. He should be following it as well.

Gryff
10-15-2010, 3:06 PM
No go. He can not give them to you.

He should reacquaint himself with section 12020 of the penal code. If you want to see how you'd fall into play, have him describe criminal conspiracy to you.

He enforces the law. He should be following it as well.

I don't think he suggested that he or his father break the law. He was just trying to understand what the law is. If so, no need to bust his digital cojones.

To the OP, I did a poor job paraphrasing the law. Basically it comes down to that you cannot build a hi-cap mag out of parts, bring one in from out of state, or transfer one to another person. If your Dad gives you the mags, he is committing a felony.

The exact text of the law (http://ag.ca.gov/firearms/dwcl/12020.php):

12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:

(2) Commencing January 1, 2000, manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, or lends, any large-capacity magazine.

Matt3989
10-15-2010, 6:48 PM
No go. He can not give them to you.

He should reacquaint himself with section 12020 of the penal code. If you want to see how you'd fall into play, have him describe criminal conspiracy to you.

He enforces the law. He should be following it as well.

I can assure you neither of us have the intent of breaking any laws and that's why I am asking these questions in the first place. My dads been in law enforcement for 20+ years and I'm a criminal justice major. I like to believe that committing felonies is at the bottom of our things to do list. Thanks

I don't think he suggested that he or his father break the law. He was just trying to understand what the law is. If so, no need to bust his digital cojones.

To the OP, I did a poor job paraphrasing the law. Basically it comes down to that you cannot build a hi-cap mag out of parts, bring one in from out of state, or transfer one to another person. If your Dad gives you the mags, he is committing a felony.

The exact text of the law (http://ag.ca.gov/firearms/dwcl/12020.php):

Thanks, I will be buying some 10 rd mags this week. The glock 23 only holds 13 so not a real big lose to begin with.

Librarian
10-15-2010, 8:00 PM
I feel their pain, I still have two more years of college left! Does anyone know if you can CCW the off list guns that are transfered to you through intra familial transfer or ppt?

There is nothing in the law that suggests CCW applies only to on-Roster handguns, but there are suggestions that some CLEO issuers are adding that requirement.

I believe that practice is about to be challenged ... :43: