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View Full Version : Unusual Handgun Transfer Question


marklbucla
08-10-2006, 12:41 AM
I want to transfer a handgun to my fiancee's dad but don't want to pay the high out of state transfer fees (I'm a citizen in free America).

Once married, I assume I can just fill out the Operation of Law form to put the handgun in her name, her being a Kalifornia resident. Is our difference in residency an issue here for whatever reason? I thought I saw something about him not needing a HSC, but the referenced part of code seems to be a part of something big, so I'm not sure of this.

Another Operation of Law form would then be mailed in later to transfer from her to her dad before she gives up her Kalifornia residency. Is there a certain amount of time that needs to pass before this form is mailed in?

Is there anything legally wrong with this?

leelaw
08-10-2006, 3:26 AM
If the handgun is transferred across state borders, then you must go through an FFL, i believe. I'll let someone who is absoloutly sure answer that one, though.

For a transfer of a handgun into CA, the handgun's specific make, model and color must be specifically approved on the CA Handgun Approved For Sale List.

chiefcrash
08-10-2006, 8:05 AM
i will say this: you *DO* need a HSC to recieve a handgun as a family transfer. So your soon-to-be-wife would need one. If her dad is a CA resident, he'd need one too.

i'm no lawyer, but as far as i can tell it's TECHNICALLY legal. i've thought about the same thing myself. I'd have your wife hold on to it for a month or so before giving it to her dad. That way, if they ask, she can just be like "well my husband gave me a gun for a present. i shot it a few times, but just really didn't like it. so i gave it to my dad."

obviously, if the DOJ starts seeing this happen on a regular basis, questions will be raised. but if this is like a one time deal, you should be fine.

I don't think it needs to go through a FFL *PROVIDED* you persoanlly give it to her. you can't mail it straight to her.

For a transfer of a handgun into CA, the handgun's specific make, model and color must be specifically approved on the CA Handgun Approved For Sale List.

It doesn't have to be on the list for a private transfer. The gun is not being sold, therefor does not need to be approved for sale. I get C&R pistols from out of state and bring them back all the time, and they're not on the roster.

GUNS4WORK
08-11-2006, 12:34 AM
just fill out a hand gun declaration(sp?) form off the doj web site. the gun does not need to be on california's list and no hsc is required. also you can do it from home for around $20. it you did this 20 times a year the doj might have a problem with it. 1-3 or so won't be a problem.