PDA

View Full Version : Intra Familial transfer?


Dave870
08-13-2012, 11:09 AM
Can my grandfather buy a handgun so he could just transfer it to me (I'm not 21 yet), or would that be considered a straw sale?

teflondog
08-13-2012, 11:14 AM
That would not be a straw sale since handguns can be transferred up and down (not sideways) the family tree.

Akers
08-13-2012, 11:14 AM
Did your grandfather buy the handgun, use it for awhile and decide it is to much gun for him and he would rather give it to his grandson than sell it for a loss?

teflondog
08-13-2012, 11:20 AM
Did your grandfather buy the handgun, use it for awhile and decide it is to much gun for him and he would rather give it to his grandson than sell it for a loss?

I don't see how that's relevant since gifting handguns is acceptable from parents/grandparents. If I want a gun that's off roster, my grandfather that lives in another state can buy one and gift it to me with no questions asked. But there is an intrafamilial transfer form that needs to be filled out along with a check mailed to the DOJ.

Edit: The intrafamilial form and check would only apply if the OP and his grandfather both live in CA in this case.

Dave870
08-13-2012, 11:41 AM
Thanks for the responses! I shall be getting a XD9 pretty soon then. :)

straykiller
08-13-2012, 12:05 PM
I don't see how that's relevant since gifting handguns is acceptable from parents/grandparents. If I want a gun that's off roster, my grandfather that lives in another state can buy one and gift it to me with no questions asked. But there is an intrafamilial transfer form that needs to be filled out along with a check mailed to the DOJ.

I thought if they lived in another state it still had to go through an ffl, is that wrong?

Librarian
08-13-2012, 12:29 PM
I don't see how that's relevant since gifting handguns is acceptable from parents/grandparents. If I want a gun that's off roster, my grandfather that lives in another state can buy one and gift it to me with no questions asked. But there is an intrafamilial transfer form that needs to be filled out along with a check mailed to the DOJ.

No, that doesn't work for interstate. If you live in CA, Federal law requires that the transfer go through a CA FFL. You would not fill out the OPLAW form - DROS will cover the required paperwork.

See the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/Transferring_firearms_Interstate

And, in the case of the OP, since he's not yet 21, interstate can't work at all, because an FFL cannot transfer to under-21

Mossy Man
08-13-2012, 12:32 PM
the Intra-familial transfer bypasses the roster though, doesn't it?

fiddletown
08-13-2012, 1:13 PM
That would not be a straw sale since handguns can be transferred up and down (not sideways) the family tree.Not necessarily.

If grandfather who is a California resident, buys the gun as a gift, and gives it to grandson, who is a California resident, it's all kosher.


But if grandson gives grandfather money and says, "Here's the money. Please buy this gun for me.", it's now an illegal straw purchase.

teflondog
08-13-2012, 1:21 PM
No, that doesn't work for interstate. If you live in CA, Federal law requires that the transfer go through a CA FFL. You would not fill out the OPLAW form - DROS will cover the required paperwork.

See the Calguns Foundation Wiki articles on

Intrafamilial transfer - http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

Interstate transfer - http://wiki.calgunsfoundation.org/Transferring_firearms_Interstate

And, in the case of the OP, since he's not yet 21, interstate can't work at all, because an FFL cannot transfer to under-21

Thanks for the correction. I confused myself with the interstate example and mixed up different points I was trying to make.

teflondog
08-13-2012, 1:24 PM
I thought if they lived in another state it still had to go through an ffl, is that wrong?

the Intra-familial transfer bypasses the roster though, doesn't it?

Yes, transfers from out of state still have to go through FFL. Intrafamilial transfers from out of state are exempt from the CA roster. But I missed the part about the OP not being 21 yet so my original point about out of state transfers is moot.

Saym14
08-13-2012, 1:27 PM
isnt the real question about his age - not yet 21? Ithought the gift has to come from the parents ?

P5Ret
08-13-2012, 1:35 PM
I think it is a yes and no answer to the OP's question, yes your grandfather could "gift" you a handgun, but since you are not of legal age to own a handgun no he can't legally give it to you.

teflondog
08-13-2012, 1:40 PM
isnt the real question about his age - not yet 21? Ithought the gift has to come from the parents ?

I think it is a yes and no answer to the OP's question, yes your grandfather could "gift" you a handgun, but since you are not of legal age to own a handgun no he can't legally give it to you.

According to Penal Code 25605, grandparents can transfer handguns to grandchildren that are 18 or older. But it would only work if the OP and his grandfather are both in CA.

http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members#Ha ndgun_transfer_to_18-20_is_OK

Oceanbob
08-13-2012, 1:46 PM
Thanks for the responses! I shall be getting a XD9 pretty soon then. :)

Welcome to Cal Guns Dave.

On the transfer form they ask for your HSC number. You must have an HSC card to take ownership of a handgun. Just pay the $25, take the simple test and get the card.

Good luck

Akers
08-13-2012, 1:46 PM
I don't see how that's relevant since gifting handguns is acceptable from parents/grandparents. If I want a gun that's off roster, my grandfather that lives in another state can buy one and gift it to me with no questions asked. But there is an intrafamilial transfer form that needs to be filled out along with a check mailed to the DOJ.

Edit: The intrafamilial form and check would only apply if the OP and his grandfather both live in CA in this case.

Relevant because I have seen the DOJ personally stop a transfer. My father purchased an off roster (because he has the authority) handgun and had the FFL he purchased it from ship it directly to my FFL without taking receipt.

Quiet
08-13-2012, 2:59 PM
Relevant because I have seen the DOJ personally stop a transfer. My father purchased an off roster (because he has the authority) handgun and had the FFL he purchased it from ship it directly to my FFL without taking receipt.

If he purchased it, 4473'd it and took possession of it, he could then gift it to you via intra-familial exemption.

Since, he only purchased it and did not do a 4473 & take possession of it, he could not gift it to you because he never owned it.