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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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Old 06-20-2005, 8:40 PM
74man 74man is offline
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California law states that you don't need a dealer with an ffl to transfer title of a firearm between 'IMMEDIATE FAMILY'. Can someone explain the term "IMMEDIATE Family". The law states Parent to child or grandparent to grandchild. This was a question that I asked at the local gun store and they stated that it is from a parent to a child, which they discribed as down but you can't transfer from child to father or mother. Can this be correct??? that the transfer can only go down and not up, like, the child giving the gun to the parent cannot be done but only the parent giving the child a gun is the only the transfer that could take place. I don't think that they are correct but the law doesn't stipulate either.
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Old 06-20-2005, 8:54 PM
imported_lunde imported_lunde is offline
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Either direction applies:

12078(c)(3): As used in this subdivision, "immediate family member" means any one of the following relationships:

(A) Parent and child.
(B) Grandparent and grandchild.
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Old 06-20-2005, 11:11 PM
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Dr Lunde is indeed correct.

BTW, relying on legal advice from gun shops is not the greatest thing to do. The amount of bad info I've heard from gunshop owners and staff is unbelieveable.

Good that you checked here... while there is wrong info posted here, it gets corrected quickly.

...and when all else fails, read the Calif. Penal code in the 12000 area...

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Old 06-20-2005, 11:30 PM
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Welcome 74 Man!
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Old 06-20-2005, 11:32 PM
300lbGorilla 300lbGorilla is offline
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Here's another good part of the DOJ's site (well, as good as any part of the DOJ's site can be): http://caag.state.ca.us/firearms/pubfaqs.htm#20

Also, I wouldn't even rely on a guy store for gun buying advice... just my experience, though.
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Old 06-21-2005, 9:30 AM
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Also, if the "immediate family member" is in another state, they do have to send the gun to an FFL.. CA DOJ told me that including a notarized letter stating that the gun is a gift from a parent/grandparent/child will suffice to exempt you from the ten day wait and the drop-test law, but I would call the FFL first and make sure they have that understanding, and if not, that they call DOJ and get whatever info they need to avoid unnecessary delays.
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Old 06-21-2005, 5:02 PM
74man 74man is offline
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Quote:
Originally posted by lunde:
Either direction applies:

12078(c)(3): As used in this subdivision, "immediate family member" means any one of the following relationships:

(A) Parent and child.
(B) Grandparent and grandchild.
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Old 06-21-2005, 7:35 PM
jsergovic jsergovic is offline
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Interesting to hear it goes either way.
Yes, and amount of double-speak an FFL utters can be injurious to one's common sense.

Like denying a non-approved handgun can be sold on commission, but later saying it is alright if the seller and the buyer are present.
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Old 06-25-2005, 1:29 PM
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It use to be that we considered family gifts as not pertaining to interstate commerce. Gifts regardless of the item. However, with SCOTUS other seemly illogical ruling just prior to Kelo, who knows now. Interstate commerce seems to lurk when I flush my toilet.

Other observations... FAQ #6 says you can transfer your firearm to your spouse. Heck, my spouse, by law of CA, is already an equal owner. CA courts continously uphold this in divorce cases. I guess they must be referring to firearms owned previously before marriage. This also shows the ineffectiveness of the FFL and NICS system as both owners are never listed in the case of married buyers.

Last thought is the possible combinations of family transfers available if a grandfather or matriarch is alive.... cousin to cousin, sibling to sibling, uncle to nephew, etc.
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