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gemini1
07-23-2012, 10:01 PM
I have an uncle who wants to give me his 30-30 lever action (Winchester?) rifle, he said the recoil is now too much for his condition and does not want it anymore. I told him that we both need to go to an FFL and do a PPT. There is however none close to where he lives. I told him we can do it over at my place when he can come over for a visit.

So, can I bring the rifle home with me, and do the PPT later when he comes over?
Can I bring it to the range when I go shoot my own rifle?
For a just in case I get pulled over, and the rifle is seen. Should I just say I borrowed it?

edit: I think I need to add, my uncle is actually sick/frail, and usually just stays at home, him coming for visits is something like once or twice a year.

OldShooter32
07-23-2012, 10:09 PM
When was it made? 50+ years ago and it is a C&R -- no DROS or paperwork needed. He hands it to you and it is yours.

QQQ
07-23-2012, 10:13 PM
Yup. Also there would be no need for DROS if he transferred it to his father (your grandfather), who then transferred it to you. Is your grandfather still in the area and around? Could he have been?

chillincody
07-23-2012, 10:16 PM
When was it made? 50+ years ago and it is a C&R -- no DROS or paperwork needed. He hands it to you and it is yours.

You both must be CA residents to do this ^

gemini1
07-23-2012, 10:21 PM
Probably not C&R oldshooter, I remember he got this rifle in the mid 90s and its brand new.
I'll try to find out more.

The Original Godfather
07-23-2012, 10:51 PM
Intrafamilial is one option.

Ron-Solo
07-23-2012, 11:11 PM
Intrafamilial is one option.

Uncle to nephew does not work. Must be direct descendants. Parent to child, grandparent to grandchild, etc.

He wants to give your rifle. Make two trips out to visit him and do the ppt on the first trip. You may not have too many opportunities to visit in the future. He will appreciate it too. Cough up some bucks for gas and go. You won't regret it.

GOEX FFF
07-23-2012, 11:15 PM
As long and you're not prohibited from ownership, it's perfectly legal for your uncle to loan you the Winchester. But before exceeding 30 days if you want to keep it in your possession, you must then do the PPT transfer. There is also no Long Gun reg (yet). So if a LEO runs the serial number there's nothing to come back. Some feel that getting a letter written by the loaner to the loanee outlining the 30 day loan for piece of mind, but there is also no paperwork required to do so.

gemini1
07-24-2012, 4:37 PM
Thank you all for the responses.
Not that this is the route we'll take but just so I'm clear.
If going through intra familial route, uncle just gives/hands over rifle to his dad/grandad, and gramps just hands it over to me. No paper works/DROS/FFL whatsoever?
If this is the case, how then can I justify later on that the rifle is mine?
When the rifle was originally purchased, I would assume that there were some paperworks that would show it was under my uncles name.
Would sending the DOJ an ownership form($19.?) be a good option, for peace of mind?

mag360
07-24-2012, 5:10 PM
i guess you justify that it is yours because it is in your possession and nobody reported it stolen.

glock21fan
07-24-2012, 5:19 PM
The paper work has long since been destroyed. As long as its not stolen. Nothing comes up when ran

GOEX FFF
07-24-2012, 5:24 PM
Thank you all for the responses.
Not that this is the route we'll take but just so I'm clear.
If going through intra familial route, uncle just gives/hands over rifle to his dad/grandad, and gramps just hands it over to me. No paper works/DROS/FFL whatsoever?

Yes. no DROS or FFL involved. A legal intrafamily transfer can be - All 3 of you can sit a table together. Your Uncle gives it to his dad (your grandfather), then your grandfather gives it to you. Done.
http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members
The only thing that could go wrong, is that after your Uncle gives it to his dad, your grandfather might like it enough and won't give it you. ;)

If you want, you can have your grandfather write you a letter for the intrafamily transfer. But again, there is no legal requirement to do so.

If this is the case, how then can I justify later on that the rifle is mine?
When the rifle was originally purchased, I would assume that there were some paperworks that would show it was under my uncles name.
Would sending the DOJ an ownership form($19.?) be a good option, for peace of mind?

You don't need to justify it to anyone. Your grandfather giving it to you after getting it from his son, is a legal intrafamily transfer. It's yours and done with.
As long as the rifle has not been reported stolen or used in crime, there's nothing worry about. You're now the legal owner.

If you still feel the personal need to calm your mind, you can voluntarily register it with DOJ and pay $19.00.
http://ag.ca.gov/firearms/forms/pdf/volreg.pdf (section B states Acquired From: "Family Member (Specify Relationship)" Which would be "Grandfather".

If it was a handgun, you then must reg it with DOJ even if it's intrafamily.
But as stated, there is no long gun reg, yet. (2014)

Edited: to add info

QQQ
07-24-2012, 5:27 PM
Thank you all for the responses.
Not that this is the route we'll take but just so I'm clear.
If going through intra familial route, uncle just gives/hands over rifle to his dad/grandad, and gramps just hands it over to me. No paper works/DROS/FFL whatsoever?
If this is the case, how then can I justify later on that the rifle is mine?
When the rifle was originally purchased, I would assume that there were some paperworks that would show it was under my uncles name.
Would sending the DOJ an ownership form($19.?) be a good option, for peace of mind?

I wouldn't do it that way. What would be legal would be if your uncle decides he doesn't want it anymore and gives it to his father.

Then, afterwards, if your grandfather later decides that he wants to give you the gun, he can do that.

Neither transaction would require paperwork. You are welcome to pay the $19 if you want to register it, but it's not legally required.

It would be a bad idea to have it all planned out like that from the get-go.

chillincody
07-24-2012, 5:34 PM
Yes. no DROS or FFL involved. A legal intrafamily transfer can be - All 3 of you can sit a table together. Your uncle gives it to his dad (your grandfather), then your grandfather gives it to you. Done.

http://wiki.calgunsfoundation.org/index.php/Transferring_Firearms_Among_Some_Family_Members



You don't need to justify it to anyone. Your grandfather giving it to you is a legal intrafamily transfer. It's yours and done with.
If you feel the need, you can voluntarily register it with DOJ and pay $19.00. http://ag.ca.gov/firearms/forms/pdf/volreg.pdf But it is not necessary.

If it was a handgun, you then must reg it with DOJ even if it's intrafamily.
But as stated, there is no long gun reg, yet. (2014)

This ^^ He took the words right out of my fingers :)

GOEX FFF
07-24-2012, 6:09 PM
ETA: Deleted post to avoid any confusion for the correct information posted by mrdd.

mrdd
07-24-2012, 7:01 PM
Intent matters.

PC 27520. No person, corporation, or dealer shall acquire a firearm for the purpose of selling, loaning, or transferring the firearm, if the person, corporation, or dealer has either of the following:

(a) In the case of a dealer, intent to violate Section 27510 or 27540.

(b) In any other case, intent to avoid either of the following:

(1) The provisions of Section 27545.

(2) The requirements of any exemption to the provisions of Section 27545.

ETA: PC 27545 is the requirement to use an FFL for a PPT.

GOEX FFF
07-24-2012, 7:23 PM
Intent matters.

PC 27520. No person, corporation, or dealer shall acquire a firearm for the purpose of selling, loaning, or transferring the firearm, if the person, corporation, or dealer has either of the following:

(a) In the case of a dealer, intent to violate Section 27510 or 27540.

(b) In any other case, intent to avoid either of the following:

(1) The provisions of Section 27545.

(2) The requirements of any exemption to the provisions of Section 27545.

ETA: PC 27545 is the requirement to use an FFL for a PPT.

Thank you for that.

gemini1
07-26-2012, 2:02 PM
I wouldn't do it that way. What would be legal would be if your uncle decides he doesn't want it anymore and gives it to his father.

Then, afterwards, if your grandfather later decides that he wants to give you the gun, he can do that.

Neither transaction would require paperwork. You are welcome to pay the $19 if you want to register it, but it's not legally required.

It would be a bad idea to have it all planned out like that from the get-go.

Intent matters.

PC 27520. No person, corporation, or dealer shall acquire a firearm for the purpose of selling, loaning, or transferring the firearm, if the person, corporation, or dealer has either of the following:

(a) In the case of a dealer, intent to violate Section 27510 or 27540.

(b) In any other case, intent to avoid either of the following:

(1) The provisions of Section 27545.

(2) The requirements of any exemption to the provisions of Section 27545.

ETA: PC 27545 is the requirement to use an FFL for a PPT

Oh no sirs, I apologized if the way my question was asked would give that impression. I just tried to shorten the question about the son-father-grandfather. But I have no intention of having the 3 forming a circle and passing the rifle from left to right till it gets into my hands.