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View Full Version : Intrafamilial transfer of an unregistered handgun


werdnacross
07-25-2012, 7:31 AM
Here is my situation. My grandpa wants to gift me a handgun that he acquired from a friend in the mid 90's. The gun was never registered under his (my grandpa's) name and he does not plan on registering it. In order for me to receive the gun and register it legitimately am I safe with the family transfer form? Or do I need to take the gun to an FFL to do a PPT? Also any chance I could take the gun as a gift and be covered by sending in the voluntary DOJ registration form? Thanks for your help. I plan on keeping the gun for awhile so I want to do everything legally to avoid legal repercussions in case I was to be pulled over going to the range and back etc.

Dr Rockso
07-25-2012, 7:47 AM
Not a volreg form, this form:
http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf

bigdawg86
07-25-2012, 8:25 AM
So say I just sent a FOR form with 6 handguns I received from my grandfather over the last 4-5 years... am I effed? I honestly have no clue about the registration status of one or two. I was unaware of the "rules" of firearm transfers at the time (prior finding Calguns) so they were all "here you go" transactions.

Dr Rockso
07-25-2012, 8:46 AM
So say I just sent a FOR form with 6 handguns I received from my grandfather over the last 4-5 years... am I effed? I honestly have no clue about the registration status of one or two. I was unaware of the "rules" of firearm transfers at the time (prior finding Calguns) so they were all "here you go" transactions.

Not sure what a FOR form is. Bottom line is that the DOJ isn't going to come after you for trying to bring yourself into compliance, just wait until you receive a response from them.

bigdawg86
07-25-2012, 9:03 AM
Sorry its the Firearm Ownership Record (i.e. voluntary registration form)

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/volreg.pdf

Ron-Solo
07-25-2012, 9:06 AM
Not a volreg form, this form:
http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf

This!

Dr Rockso
07-25-2012, 9:07 AM
Sorry its the Firearm Ownership Record (i.e. voluntary registration form)

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/volreg.pdf

They'll probably appreciate the extra money you're giving them with the volreg form ($19 per gun vs $19 per form).

werdnacross
07-25-2012, 9:07 AM
Ok. I have a copy of the Intrafamilial transfer form but just wanna make sure I'm not gonna get in trouble for trying to register a gun that's was never under his name. Just thinking if the DOJ looks up the gun and finds it wasn't under his name they may want some further proof of how I am getting the gun. I know they won't ding me for trying to comply but I just wanna make sure it'll legally be registered to me at that point.

Dr Rockso
07-25-2012, 9:15 AM
Ok. I have a copy of the Intrafamilial transfer form but just wanna make sure I'm not gonna get in trouble for trying to register a gun that's was never under his name. Just thinking if the DOJ looks up the gun and finds it wasn't under his name they may want some further proof of how I am getting the gun. I know they won't ding me for trying to comply but I just wanna make sure it'll legally be registered to me at that point.
Your grandfather never had any legal requirement to register his handguns obtained prior to the year registration requirements went into effect (1991, I think). Even if acquired after registration requirements were in effect they're statutorily preempted from prosecuting based on an attempt to register it. By sending the form you're 100% in compliance.

CaliforniaLiberal
07-25-2012, 9:29 AM
One of the most surprising parts of California Gun Law is that there is no general requirement for "Gun Registration." Information from sales and transfers of handguns by FFLs are sent off to the CA DOJ where they are kept on file. There are several legitimate ways that a CA Citizen might be in possession of a handgun without any record of it at the DOJ.

No one will or can demand to see proof of registration of your firearm. (Unless it's a Registered Assault Weapon) And DOJ is always happy to record voluntary registrations of those who choose to.

Here's one of the CA Bureau of Firearms FAQs

http://oag.ca.gov/firearms/pubfaqs


#26. How do I know if my firearms need to be registered?

There is no firearm registration requirement in California except for assault weapon owners and personal handgun importers. However, you may submit a Firearm Ownership Record to the DOJ for any firearm you own. Having a Firearm Ownership Record on file with the DOJ may help in the return of your firearm if it is lost or stolen. With very few and specific exceptions, all firearm transactions must be conducted through a firearms dealer.


#5. Can I give a firearm to my adult child? Can he/she give it back to me later?

Yes, as long as the adult child receiving the firearm is not in a prohibited category, pdf and the firearm is a legal firearm to possess, the transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement. However, if the firearm is a handgun, you must submit a Report of Operation of Law or Intra-Familial Handgun Transaction, pdf and $19 fee to the DOJ within 30 days. Assault weapons may not be transferred in this fashion. See Penal Code section 12285, subdivision (b).

(PC section 12078(c))



Here's the "Report of Operation of Law or Intra-Familial Handgun Transaction" as previously posted here.

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/oplaw.pdf?


This question has come up here many times before and the consensus on CalGuns seems to be that the CA DOJ is always glad to have more firearms owners report their firearms and doesn't go after those who have possessed firearms who's transfer should have been reported previously.

Remember also that the Intra-Familial transfer only applies up and down generations - from parents to children or grandchildren and the reverse. Not to brothers or sisters or cousins or aunts and uncles.

bigdawg86
07-25-2012, 9:40 AM
They'll probably appreciate the extra money you're giving them with the volreg form ($19 per gun vs $19 per form).

WHAT!!! THAT SUCKS!