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castmem
01-03-2013, 11:52 PM
I don't know if this is placed in the proper area, so my apologies if it isn't.

My understanding of the laws regarding intra-familial transfers until 2014 is that a grandparent, mother or father can give a rifle to their son or daughter without any fees or paperwork.

My question is, can a son or daughter give a rifle to his father, mother, or grandparent? Does the law apply in reverse or does the affected individuals have to go through an ffl?

j-rod
01-04-2013, 12:24 AM
Yes. Up and down the family tree in state is FFL exempt.

http://wiki.calgunsfoundation.org/Transferring_Firearms_Among_Some_Family_Members

Quiet
01-04-2013, 6:34 AM
This only applies if all parties involved are CA residents.

Intra-familial equates to family members that are in a grandparent-parent-child-grandchild relationship. [PC 16720]

Intra-familial transfers can legally occur without the use of a CA FFL dealer.

Until 01-01-2014, intra-familial transfers of:
1. Long guns (rifles, shotguns, others) do not require CA DOJ notification. [PC 27870]
2. Handguns do require CA DOJ notification + fee. [PC 27875]
3. Minimum age to legally transfer a handgun is 18 and there is no minimum age requirement for long guns.

Starting 01-01-2014, intra-familial transfers of all firearms (handguns, rifles, shotguns, others) require CA DOJ notification + fee and the minimum age requirement for all firearms is 18. [PC 27875]



Penal Code 16720
As used in this part, "immediate family member" means either of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.

Penal Code 27870
Section 27545 does not apply to the transfer of a firearm, other than a handgun, by gift, bequest, intestate succession, or other means from one individual to another, if both of the following requirements are satisfied:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

Penal Code 27875
Section 27545 does not apply to the transfer of a handgun, and commencing January 1, 2014, any firearm, by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall forward by prepaid mail, or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this section shall be provided to them by the Department of Justice.
(d) The person taking title to the firearm shall first obtain a handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.