View Full Version : Guns given as Gifts?
AfricanHunter
03-14-2007, 12:21 PM
If someone gives you a handgun or rifle as a gift, are you required to go to an FFL and do a Dros/etc on it? Is there any way that they could say the firearm isn't allowed to be transfered? Thanks.
If someone gives you a handgun or rifle as a gift, are you required to go to an FFL and do a Dros/etc on it? Is there any way that they could say the firearm isn't allowed to be transfered? Thanks.
If it's your immediate family (parents, grand parents, children) you only need to send in a form to DOJ to report the transfer.
If it's not from the immediate family you need to do a PPT with DROS.
chiefcrash
03-14-2007, 12:31 PM
gifts of rifles, shotguns, and other firearms not easily concealed upon the person between parent/child, grandparent/grandchild, and husband/wife require no action
gifts of HANDGUNS between parent/child, grandparent/grandchild, and husband/wife require a form (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) and $19 per handgun sent to the DOJ (also, whoever is recieving the handgun must posses a valid Handgun Safety Certificate)
gift of rifles, shotguns, and other firearms not easily concealed upon the person that are 50 years old or older require no action.
gift of any firearm not covered above must go through a 01 FFL (and must be DROS'd, 10-day wait, etc). This includes between brother/sister, uncle/nephew, etc.
50 Freak
03-14-2007, 01:00 PM
Wasn't always like this, think it used to be before (early 90's) that guns given as gifts/sold between private parties required no transfer/FFL.
Anyone know the exact date?
bwiese
03-14-2007, 01:25 PM
Jan 1 1991 was the date on which in-CA private-party transfers could no longer be paperless and had to go thru FFL. (There are separate rules if gun crosses state lines, etc.)
There is an interfamilial exemption for transfers amongst parents/grandparents/children/grandchildren. Interfamiliar handgun recipients must possess an HSC card, and I do think a DROS form needs to be submitted.
Assault weapons cannot be transferred.
Surveyor
03-14-2007, 01:34 PM
I gave my brother in-law (sisters husband) a shotgun for Christmas of '04. here's how we did the gift exchange.
First I "gave" the present to my dad. He then "gave" it to my sister. She then gave it to my bro' in law. Nice and legal. ;)
chiefcrash
03-14-2007, 01:39 PM
I gave my brother in-law (sisters husband) a shotgun for Christmas of '04. here's how we did the gift exchange.
First I "gave" the present to my dad. He then "gave" it to my sister. She then gave it to my bro' in law. Nice and legal. ;)
next up: AB 2387: Family Transfer Loop Hole Closing Act of 2008
Surveyor
03-14-2007, 01:53 PM
No doubt!
That was very creative.
Pete
Relic
06-08-2007, 12:17 PM
Sorry to bring back this thread, What are the separate rules if a gun (pistol) crosses state lines as a gift assuming the pistol is C&R ? Does the 30 day wait still apply.
I'm on my way out of state next month and I know several family members have C&R pistols that I will be inheriting.
Thanks for the info
chiefcrash
06-08-2007, 01:05 PM
Sorry to bring back this thread, What are the separate rules if a gun (pistol) crosses state lines as a gift assuming the pistol is C&R ? Does the 30 day wait still apply.
I'm on my way out of state next month and I know several family members have C&R pistols that I will be inheriting.
Thanks for the info
depends:
If you have a C&R license, they can just give them to you. You have to log them into your bound book, and within 5 days of returning to CA you must send off a form + $19 to the DOJ (PM me if you need the form, it's not the same on as the family transfer one and it's not on the DOJ website)
if you don't have a C&R licence, i *think* they need to get sent to a 01 FFL. All out of state transfer rules apply
Relic
06-08-2007, 08:37 PM
Thanks for the info Chiefcrash. This is very helpfull. I do have a C&R and the correct form to send off. Great to get the correct process.
eta34
06-09-2007, 06:14 AM
What happens if the handgun is left as the result of a death. For example, if Dad dies and leaves son a handgun, how do you do the transfer? What if the son waits a few years before transferring the weapon? Any time constraints here?
chiefcrash
06-09-2007, 11:10 AM
What happens if the handgun is left as the result of a death. For example, if Dad dies and leaves son a handgun, how do you do the transfer? What if the son waits a few years before transferring the weapon? Any time constraints here?
once again, it depends:
if the gun is C&R, and you have a C&R license, see above. same thing.
if the gun's not C&R (or you don't have a C&R license), i'm not sure on that one. i'd imagine that you'd have to have it sent to a 01 FFL, and all out of state tranfer rules apply (roster of "safe" guns, etc). Don't quote me on this though, there might be an exception that i'm unaware of...
vBulletin® v3.8.4, Copyright ©2000-2010, Jelsoft Enterprises Ltd.