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jkgts1
02-20-2012, 8:19 PM
I'm not sure how to search this topic. Say my father has some guns, pistols, if it matters. He wants to give them to me, a local gun store said they can just be given to me because its a father son transfer. Is this accurate? Second my dad said that he got this pistol in the 80's from his friend. I don't think he did any kind of paperwork back then. Am I still able to receive the pistol legally somehow? Never had this situation come up before. Any info would be much appreciated.

jeep7081
02-20-2012, 8:32 PM
It does matter. If its a rifle, he can just hand it to you. A handgun, you need to do a transfer.

Form for transfer. Include $19
http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf

wildhawker
02-20-2012, 8:43 PM
http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

http://wiki.calgunsfoundation.org/FAQ

-Brandon

kemasa
02-21-2012, 9:49 AM
The answer depends on if your father and you are both residents of CA. The above links will give you the answers.

The short form is that if both you and your father are a resident of CA, the long guns can just be handed over, as long as they are not considered so-called a-salt weapons. The handguns require that you submit the intrafamilial transfer form and pay the money.

If either one is not a resident of the same state, then it has to go through a FFL.

jkgts1
02-21-2012, 9:31 PM
Thanks for the replies. Yes we are both CA residents. I was worried about how he acquired the handgun, from a friend with no paperwork.

Mssr. Eleganté
02-21-2012, 9:51 PM
...I was worried about how he acquired the handgun, from a friend with no paperwork.

That was a legal method of transferring handguns in California back before 1991.

Spartanmk1
02-23-2012, 3:11 PM
That was a legal method of transferring handguns in California back before 1991.

I have a similar issue that I signed up to ask.

Say my Grandfather obtained a Rifle from a friend. My grandfather died and passed it down to my Father. Is my Father legally ok to own that rifle and subsequently pass it down to me?

kemasa
02-23-2012, 4:37 PM
In general yes, but there are other issues which make a difference as to how it is transferred. If all live in CA, then there is no issue. If someone is a resident of another state and the firearm is not specifically mentioned in the will, then it has to be transferred through a FFL.

Librarian
02-23-2012, 5:27 PM
In general yes, but there are other issues which make a difference as to how it is transferred. If all live in CA, then there is no issue. If someone is a resident of another state and the firearm is not specifically mentioned in the will, then it has to be transferred through a FFL.

That doesn't seem right.

If the probate court (or equivalent) directs the distribution of the estate to the person, it still counts as an inheritance, and is exempt from 18 USC 922 (a)(5) as listed in (A). "acquisition by intestate succession" is named there.

For within-California purposes, long guns may be transferred by inheritance from anyone, or by intrafamilial transfer, with no paperwork - until Jan 2014.