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California 2nd Amend. Political Discussion & Activism Discuss gun rights activism and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 12-25-2012, 10:22 PM
ducati07 ducati07 is offline
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Default Gun transfer between siblings

I was wondering what it takes to transfer a gun (lower AR) from my brother to me? We both live in CA and are old enough.

Thanks!
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  #2  
Old 12-25-2012, 10:24 PM
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If your mom or dad are alive, he can give it to them, they can give it to you. Other than that, I think you have to DROS.
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Old 12-25-2012, 10:28 PM
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Same question I have, So if I hand it to my dad and he hands it to my brother we are covered, Seems a bit strange, Anyone else have any info?
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Old 12-25-2012, 10:48 PM
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Quote:
Originally Posted by masterlock View Post
Same question I have, So if I hand it to my dad and he hands it to my brother we are covered, Seems a bit strange, Anyone else have any info?
See the wiki -- http://wiki.calgunsfoundation.org/Tr...us_work-around
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Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

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Old 12-25-2012, 11:22 PM
ducati07 ducati07 is offline
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That's what I thought I remembered...thanks shooters!

I asked this question years ago (except from out of state uncle to his mom to my wife to me!) at a gun store and they told me that technically, each owner should have it for 6 months. Yeah, ok sure. Not sure where she read that part.
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Old 12-26-2012, 12:27 AM
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Quote:
Originally Posted by frankm View Post
If your mom or dad are alive, he can give it to them, they can give it to you. Other than that, I think you have to DROS.
Note that this not legal under California law.
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Old 01-13-2013, 9:52 PM
ducati07 ducati07 is offline
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mrdd, how is that not legal for him to give it to our parent, and then they give it to me later on?

Thanks for any heads up on this.
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Old 01-13-2013, 10:03 PM
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Quote:
Originally Posted by ducati07 View Post
mrdd, how is that not legal for him to give it to our parent, and then they give it to me later on?

Thanks for any heads up on this.
Please read the wiki -- http://wiki.calgunsfoundation.org/Tr...us_work-around
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Calguns Wiki, Magazine Qs, Knife laws

Unless there is some way to amend a bill so you would support it,
the details do not matter until the Governor signs or allows the bill to become law.

Ask CA law questions in the How CA Laws Apply to/Affect Me Forum
- most questions that start 'Is it legal ...' go there.

Not a lawyer, just Some Guy On The Interwebs.


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Old 01-14-2013, 2:46 AM
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Quote:
Originally Posted by ducati07 View Post
mrdd, how is that not legal for him to give it to our parent, and then they give it to me later on?

Thanks for any heads up on this.
The wiki quotes the old code sections, which have been repealed. The new laws are:

PC 27515. No person, corporation, or dealer shall sell, loan, or transfer a firearm to anyone whom the person, corporation, or dealer knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to anyone who is not the one actually being loaned the firearm, if the person, corporation, or dealer has either of the following:
(a) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the provisions of Section 27540 or 27545.
(b) Knowledge that the firearm is to be subsequently sold, loaned, or transferred to avoid the requirements of any exemption to the provisions of Section 27540 or 27545.

PC 27520. No person, corporation, or dealer shall acquire a firearm for the purpose of selling, loaning, or transferring the firearm, if the person, corporation, or dealer has either of the following:
(a) In the case of a dealer, intent to violate Section 27510 or 27540.
(b) In any other case, intent to avoid either of the following:
(1) The provisions of Section 27545.
(2) The requirements of any exemption to the provisions of Section 27545.

Note that Section 27545 is the requirement to use a dealer to process a PPT in the majority of cases. So, by avoiding the requirement of Section 27545 (or an exemption), multiple crimes would be committed.

Last edited by mrdd; 01-14-2013 at 3:03 AM.. Reason: Clarity.
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  #10  
Old 01-14-2013, 2:56 AM
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^^^ Interesting, good find!
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