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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 05-10-2005, 12:09 AM
overlord overlord is offline
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My sister is a Cpt. in the Army and just recently began her tour in Korea. She's going to be there for two years and offered to let me "babysit" her pistols. Am I correct in assuming that somehow I would need to register these weapons under my name while they are in the state? I looked around the DOJ website but didn't find anything specific to this situation. I know I should just contact the DOJ directly, but I know there are a lot of people here who'll be able to steer me in the right direction so I don't waste too much time.
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Old 05-10-2005, 12:09 AM
overlord overlord is offline
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My sister is a Cpt. in the Army and just recently began her tour in Korea. She's going to be there for two years and offered to let me "babysit" her pistols. Am I correct in assuming that somehow I would need to register these weapons under my name while they are in the state? I looked around the DOJ website but didn't find anything specific to this situation. I know I should just contact the DOJ directly, but I know there are a lot of people here who'll be able to steer me in the right direction so I don't waste too much time.
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Old 05-10-2005, 2:15 AM
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bwiese bwiese is offline
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I am not a lawyer but this should be reasonably decent (safe) advice...

You might have some wiggle room if your premises were in joint tenancy with your sister (rental papers, lease or mortgage with her name on it, and her tax papers go there, etc.).

Otherwise you need to legally 'take possession' of the guns if you were to use them.

If you don't want to go thru this hullaballoo, you could just have her lock them in a safe or lockbox securely (well-oiled and dehumidified!!) to which you don't have access...

If your mom or dad or grandma or granddad were a CA resident, your sis could transfer the guns without waiting period to one of them (DROS reg form + $14 per gun) and then this person could transfer the guns to you - again w/DROS papers and $14/gun fee. [This might have gone up to $19, not sure.] At least you won't need an FFL to intervene and won't have to worry about 10 day waiting periods.

Bill Wiese
San Jose
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Old 05-10-2005, 7:31 AM
imported_EOD Guy imported_EOD Guy is offline
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bwiese:


If your mom or dad or grandma or granddad were a CA resident, your sis could transfer the guns without waiting period to one of them (DROS reg form + $14 per gun) and then this person could transfer the guns to you - again w/DROS papers and $14/gun fee. [This might have gone up to $19, not sure.] At least you won't need an FFL to intervene and won't have to worry about 10 day waiting periods.

Bill Wiese
San Jose </div></BLOCKQUOTE>

On intra-familial transfers, the fee is now $19.00 for any number of handguns.

Here is a link to the form and instructions:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf
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Old 05-10-2005, 1:37 PM
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Well, I'm the only one in my family that's a CA resident. Guess I need to register them under my name until she can reclaim them.....
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Old 05-10-2005, 2:18 PM
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Well, I'm the only one in my family that's a CA resident. Guess I need to register them under my name until she can reclaim them... </div></BLOCKQUOTE>

Ooh, problems. First, these will have to go thru a CA FFL to be transferred to you, and it will be like a regular gun sale $19 fee per gun, 10 day wait, etc. etc. On top of this, only the ones that are on the California "approved list" of safety tested handguns can be transferred to you otherwise you're outta luck and can't receive these in CA.

In this latter case, if your sister were actually in CA (stationed? resident? dunno...) she could do a private-party transfer to you even if the guns were not on the approved list.

Bill Wiese
San Jose
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Old 05-10-2005, 3:12 PM
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So it is now $19 to transfer any number of handguns from my father to me it seems? That makes me feel better as I figured when my dad passes away, a thought no one wants to think about but needs to, I would be paying $19 per handgun to legally transfer his handguns to my name.

That could end up being VERY expensive as my dad and I own quite a few guns. One thing I'm wondering is what I would list as the reason for transfer while my dad is alive. I always tell my dad since we share a home, his house is my legal residence(my DL address reflects this) even though I generally live down the street from him I store most my guns in my safe at his home, that any handguns he uses for defensive purposes should be in his name.

I don't think it would be that big a deal if say he was forced to use a handgun DROSed in my name for a home defense purpose but to be safe should I make sure that a gun in the same household he may use for such a purpose be in his name or am I being too paranoid? In the old days I would sometimes lend my aunt a handgun for home defense but I think this would not be a good idea anymore especially since she is not an exempt relative and she lives in a different house.

And non assault weapon long guns are totally exempt in a family transfer? So I could if I want just verbally tell my dad a long gun or all my long guns are now his or vice versa and that would be totally ok with DOJ and ATF?
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Old 05-10-2005, 3:47 PM
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Moonclip...

(sorry to hijack thread overlord)

No, it's $19 per handgun - at least for interfam transfer - parent/grandparent/ child/grandchild are only relatives allowed to do this.

At this point I'm not sure if long guns are exempt from this or not - I think so. If CA has no problem with it, BATF won't either. But both parties, I believe, need to be in CA.


Bill W
San Jose
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  #9  
Old 05-10-2005, 6:16 PM
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">At this point I'm not sure if long guns are exempt from this or not - I think so. </div></BLOCKQUOTE>

I think it's $19 for any number of long guns.
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  #10  
Old 05-11-2005, 5:22 PM
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[
On intra-familial transfers, the fee is now $19.00 for any number of handguns.

Here is a link to the form and instructions:

http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf[/QUOTE]Now I'm confused, is it 19 per handgun or not? By looking at the DOJ form it seems like $19 for all the handguns is ok but I would like to be sure. I guess I'll have to call DOJ but maybe someone here is 100% sure or has done it recently.
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  #11  
Old 05-11-2005, 11:40 PM
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Two months ago I did a family transfer.
$19 for any number of handguns. For reason I listed Executor, as it's my Dad's estate. You could simply put gift or sale if that's the case.
Form fits 3 handguns, and says to copy if more space is needed. That's what I did for four.
About a month later, DOJ sent me individual confirmation letters for each one.
Follow the link, the form expressly says that it is not for longguns, you can use another form, if you want. Some family long gun transfers do not require any DOJ involvement.

Generally, I think DOJ only allows this for spouse and parent to child relationships, I don't think it flies for siblings.

Make sure you have a HSC and are eligible, I'm sure they're checking.
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