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NorCalAl
10-22-2007, 8:52 AM
I've actually asked this question of three FFL's in my area - and each one has a different answer. So, I ask all of you: does one have to use an FFL to transfer a handgun from brother to brother? A while back my brother gave me his Kimber after he decided he didn't want it in the house with his daughter. Never mind he'd had it there a couple of years and now she's 18...I still can't figure that one out. But I wasn't looking a gift horse in the mouth, either.

So, I've been told yes, no and maybe. The no guy said only granparent to parent or grandchild. The yes guy said it's fine between any immediate family. The maybe guy said he'd look into it, but I've not heard back from him.

So what's the actual deal? I'm pretty sure that, in any event, some paperwork needs to go through, just not sure what.

The SoCal Gunner
10-22-2007, 8:58 AM
Check the DOJ Faq sheet on their website. A sibling to sibling transfer will require an FFL just like any normal PPT. Transfer can go up and down without the need of an FFL i.e., grandparent to grandchild or vice versa, and child to parent and vice versa. Those transfers would still require that you file the intra-family handgun transaction form within 30 days and submit the $19 fee per handgun.

The only way to avoid an FFL would be to have your brother gift it to a parent or grandparent, have them fill out the intra-family form, then have them gift the gun down to you and you fill out another intra-family form. At least that is what I remember.

What Just Happened?
10-22-2007, 9:24 AM
I've heard that you can only go down in generations (i.e. only grandparent to grandchild or parent to child).

If that's not true, then you can 'give' it to your common father and then have the father give it to your brother. I also would like to know this. Maybe this should be posted in the 2nd Amendments / Politics section.

JawBone
10-22-2007, 9:32 AM
I've heard that you can only go down in generations (i.e. only grandparent to grandchild or parent to child).

If that's not true, then you can 'give' it to your common father and then have the father give it to your brother. I also would like to know this. Maybe this should be posted in the 2nd Amendments / Politics section.

That is not true, can go down or up.

So, (assuming everyone is in CA) you can transfer it to your father $19 and then he can transfer it to your brother ($19). You avoid the wait time, but pay a little more in fees than a PPT.

From DOJ (http://ag.ca.gov/firearms/pubfaqs.php#20):


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 logo 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 an Report of Operation of Law or Intra-Familial Handgun Transaction 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))