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mag360
01-02-2013, 6:58 AM
If a friend of a family is dying, should the person they have told can have their guns be added to the will? Otherwise the surviving heir an anti gun daughter would be forced to drive them to an FFL to be transferred at the tune of $35 per handgun and $35 for all the long guns?

Can a grandmother gift guns directly to a grand daughters (father cannot possess guns)?

Cpt
01-02-2013, 7:04 AM
Normally with a Intrafamily transfer (handguns only, not needed for long guns) the CA DOJ prefers it to a direct family transaction (e.g. Dad to son, aunt to niece, grandparent to grandkid). You still need a Handgun Safety Certificate and Intrafamily transaction cost $19 for all the handguns, the sheet has 3 place for handgun details/info, but you can attach another sheet if you have more than 3 handguns to transfer. Keep in mind you have be able to legally own a handgun, this is not a way to create a loophole if someone can legally take possession.

With that being said, when someone passes away the executor of the will is in charge of the firearms, in essence they become the default owner if no one is mentioned in the will. To avoid legal and personal issues it is best to take hold of the guns prior to the death of the original owner if the owner gave them to you and it is not mentioned in the will. It would also help to have a witness and written agreement to avoid and type of he said she said disputes. You wouldn't have to be added to the will if no one is going to dispute taking possession of the firearms. But it is best to have something in B&W as a fall back if an issue arises.

Librarian
01-02-2013, 9:55 AM
Nice answer, Cpt.

See also the Calguns Foundation Wiki articles on

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

Inheritance - http://wiki.calgunsfoundation.org/Inheriting_firearms,_both_within_California_and_In terstate

Mrbroom
01-02-2013, 10:53 AM
Just read the link Libarian. Great to know that there is no age limit for parent to child. I do question however, can an AR stripped lower (which requires to be 21 to purchased) be transfered from parent to child where the child is say 5 years old? I guess I ask this just in case as we dont know what the future holds..

Librarian
01-02-2013, 11:11 AM
Just read the link Libarian. Great to know that there is no age limit for parent to child. I do question however, can an AR stripped lower (which requires to be 21 to purchased) be transfered from parent to child where the child is say 5 years old? I guess I ask this just in case as we dont know what the future holds..

Today, yes.

In 2014 and after, must be 18 to receive.

AAShooter
01-02-2013, 1:06 PM
So I transfer my AR to my 5-year-old this year. Then the AWB requires them to be registered and approval by the local CLEO. Are they likely to register the rifle to a 5-year old? How was this handled the last time?

eighteenninetytwo
01-02-2013, 1:35 PM
Thats a good question and one I would love an answe to as I was considering transfer to my son or daughter prior to implementation of laws which would negate the option of my family inheriting some items.

Calplinker
01-02-2013, 3:09 PM
Same question here. I would very muck like to transfer some AR's to my young children prior to 2014.

Is this doable if they are minors?

AAShooter
01-02-2013, 3:12 PM
Same question here. I would very muck like to transfer some AR's to my young children prior to 2014.

Is this doable if they are minors?

Yes, see the Librarian's post above.

Calplinker
01-03-2013, 8:06 AM
Okay, I've read the wiki and it appears that there is no paperwork required for a parent/child transfer of a long gun to a minor.

My question is, if in the future, CA successfully bans future purchase of AR's and grand fathers in existing ones, how do I then ensure he can register it? He's only seven years old and his sister is younger.

I could draft a document today gifting both of them some lowers, but I'm not sure how this would translate into him being able to retain them should they have to be registered at some future date, unless they were 18 by then.

Any ideas?

Decoligny
01-03-2013, 8:36 AM
Normally with a Intrafamily transfer (handguns only, not needed for long guns) the CA DOJ prefers it to a direct family transaction (e.g. Dad to son, aunt to niece, grandparent to grandkid). You still need a Handgun Safety Certificate and Intrafamily transaction cost $19 for all the handguns, the sheet has 3 place for handgun details/info, but you can attach another sheet if you have more than 3 handguns to transfer. Keep in mind you have be able to legally own a handgun, this is not a way to create a loophole if someone can legally take possession.

With that being said, when someone passes away the executor of the will is in charge of the firearms, in essence they become the default owner if no one is mentioned in the will. To avoid legal and personal issues it is best to take hold of the guns prior to the death of the original owner if the owner gave them to you and it is not mentioned in the will. It would also help to have a witness and written agreement to avoid and type of he said she said disputes. You wouldn't have to be added to the will if no one is going to dispute taking possession of the firearms. But it is best to have something in B&W as a fall back if an issue arises.

Just as an FYI to anyone who doesn't know, "Intrafamily Transfers" are limited to direct vertical family lines, Parent/Child, Grandparent/Grandchild.

"Intrafamily Transfers" donot include any horizontal family transfers, no Aunt Uncle/Niece Nephew, no Brother/Sister transfers.

Librarian
01-03-2013, 10:23 AM
Okay, I've read the wiki and it appears that there is no paperwork required for a parent/child transfer of a long gun to a minor.

My question is, if in the future, CA successfully bans future purchase of AR's and grand fathers in existing ones, how do I then ensure he can register it? He's only seven years old and his sister is younger.

I could draft a document today gifting both of them some lowers, but I'm not sure how this would translate into him being able to retain them should they have to be registered at some future date, unless they were 18 by then.

Any ideas?

New territory - never been an issue before, AFAIK.

With the law as it stands today, the last and longest-lasting legal unpapered long gun transfers will be to a child born 12/31/2013. Supposing a lifetime of 100 years, the last date for an unregistered long gun to be legal in California should be about 2114.

Future laws are not knowable until they are sent by a legislative body to the appropriate executive for signature.

TANK
01-03-2013, 10:52 AM
Sweet thanks for the info

oddball
01-03-2013, 3:29 PM
I could draft a document today gifting both of them some lowers, but I'm not sure how this would translate into him being able to retain them should they have to be registered at some future date, unless they were 18 by then.

Any ideas?

I have given some rifles to my son, the earliest when he was 8 yo.
This year, I drafted a document with a minimal description and serial number (example: CZ 452, serial number xxxxxxx123), basically gifting him the items, and had it notarized. I am planning to transfer one more rifle to him soon, and will also create another doc.

Will this help? I really don't know, but at least I have SOMETHING in writing, dated and stamped before 2014 rolls around (or any other B.S. legislation that rears its ugly head...).