Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > California 2nd Amend. Political Discussion & Activism
Register FAQ Members List Calendar Mark Forums Read

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

Reply
 
Thread Tools Display Modes
  #1  
Old 05-06-2010, 4:59 PM
valkylrie's Avatar
valkylrie valkylrie is offline
Member
 
Join Date: Mar 2010
Location: Riverside, CA.
Posts: 337
iTrader: 1 / 100%
Default Family transfer

Am I 100% correct that the under california law it is acceptable for my brother to transfer a pistol to my father and then my father turn around and transfer it to me?

http://wiki.calgunsfoundation.org/in...Family_Members
Reply With Quote
  #2  
Old 05-06-2010, 5:43 PM
loather loather is offline
Senior Member
 
Join Date: Jun 2009
Location: escondido, ca
Posts: 910
iTrader: 2 / 100%
Default

Yes. All that would be needed is a voluntary registration form from your dad once he takes possession of it, then one from you when you take possession of it.

ETA: While the voluntary registration form says voluntary on it, it's actually mandatory. Don't let the name fool you.

Last edited by loather; 05-06-2010 at 5:49 PM..
Reply With Quote
  #3  
Old 05-06-2010, 6:10 PM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 32,279
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by loather View Post
Yes. All that would be needed is a voluntary registration form from your dad once he takes possession of it, then one from you when you take possession of it.

ETA: While the voluntary registration form says voluntary on it, it's actually mandatory. Don't let the name fool you.
Not the VOLREG, but the OPLAW form for intrafamilial transfer.
__________________
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.


Reply With Quote
  #4  
Old 05-06-2010, 6:40 PM
paul0660's Avatar
paul0660 paul0660 is offline
In Memoriam
 
Join Date: Jul 2007
Location: Ukiah
Posts: 15,706
iTrader: 34 / 100%
Default

and the two recipients need a HSC.
__________________
*REMOVE THIS PART BEFORE POSTING*
Reply With Quote
  #5  
Old 05-07-2010, 10:16 AM
valkylrie's Avatar
valkylrie valkylrie is offline
Member
 
Join Date: Mar 2010
Location: Riverside, CA.
Posts: 337
iTrader: 1 / 100%
Default

Would a "Step-Father" qualify?
Reply With Quote
  #6  
Old 05-07-2010, 10:37 AM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 32,279
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by valkylrie View Post
Would a "Step-Father" qualify?
I don't recall that that relationship is settled; I believe the general opinion is 'yes, if formally adopted'.
__________________
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.


Reply With Quote
  #7  
Old 05-07-2010, 4:36 PM
Fate's Avatar
Fate Fate is offline
Calguns Addict
 
Join Date: Apr 2006
Location: Proud Member of the Quitter Club. Moscow, ID
Posts: 8,990
iTrader: 37 / 100%
Default

If it's going to cross state lines during the process, you've got to use a FFL to do it.
__________________
"On bended knee is no way to be free." - Eddie Vedder, "Guaranteed"

"Let your gun therefore be the constant companion of your walks." -Thomas Jefferson
, in a letter to his nephew Peter Carr dated August 19, 1785
Reply With Quote
  #8  
Old 05-07-2010, 7:12 PM
GunDog GunDog is offline
Senior Member
 
Join Date: Dec 2008
Location: Fresno/Visalia
Posts: 1,384
iTrader: 19 / 100%
Default Brother to brother transfer of rifle/shotgun

Is the transfer of a rifle (say an M1A) from my brother to me then legal without going through an FFL if we're both residents of California?
Reply With Quote
  #9  
Old 05-07-2010, 7:21 PM
Fate's Avatar
Fate Fate is offline
Calguns Addict
 
Join Date: Apr 2006
Location: Proud Member of the Quitter Club. Moscow, ID
Posts: 8,990
iTrader: 37 / 100%
Default

Quote:
Originally Posted by GunDog View Post
Is the transfer of a rifle (say an M1A) from my brother to me then legal without going through an FFL if we're both residents of California?
No. Intrafamilial transfer exemptions only apply parent/grandparent to child or child to parent/grandparent.
__________________
"On bended knee is no way to be free." - Eddie Vedder, "Guaranteed"

"Let your gun therefore be the constant companion of your walks." -Thomas Jefferson
, in a letter to his nephew Peter Carr dated August 19, 1785
Reply With Quote
  #10  
Old 05-07-2010, 7:51 PM
Mssr. Eleganté's Avatar
Mssr. Eleganté Mssr. Eleganté is offline
Blue Blaze Irregular
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: San Francisco
Posts: 10,351
iTrader: 1 / 100%
Default

Quote:
Originally Posted by valkylrie View Post
Am I 100% correct that the under california law it is acceptable for my brother to transfer a pistol to my father and then my father turn around and transfer it to me?
Bouncing a brother to brother handgun transfer off of your parent is illegal if you are only doing it to avoid a PPT at a dealer. If your brother wants to give a handgun to his parent, that is perfectly legal. If your parent later wants to give that handgun to you, that is also perfectly legal. But if your brother gives a handgun to his parent for the purpose of that parent giving the handgun to you, then everbody involved has committed a crime under California law.

Quote:
CPC §12072(a)

(4) No person, corporation, or dealer shall sell, loan, or transfer a firearm to any person whom he or she knows or has cause to believe is not the actual purchaser or transferee of the firearm, or to any person who is not the person 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 loaned, sold, or transferred to avoid the provisions of subdivision (c) or (d).
(B) Knowledge that the firearm is to be subsequently loaned, sold, or transferred to avoid the requirements of any exemption to the provisions of subdivision (c) or (d).
(5) No person, corporation, or dealer shall acquire a firearm for the purpose of selling, transferring, or loaning the firearm, if the person, corporation, or dealer has either of the following:
(A) In the case of a dealer, intent to violate subdivision (b) or (c).
(B) In any other case, intent to avoid either of the following:
(i) The provisions of subdivision (d).
(ii) The requirements of any exemption to the provisions of subdivision (d).
For handguns it is cheaper to do a PPT through a Dealer anyway. Two Op-Law forms will cost $38 while a PPT only costs $35. And if your father doesn't yet have an HSC then that will be another $25.
__________________
__________________

"Knowledge is power... For REAL!" - Jack Austin
Reply With Quote
  #11  
Old 05-07-2010, 7:55 PM
Librarian's Avatar
Librarian Librarian is offline
Super Moderator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Concord
Posts: 32,279
iTrader: 4 / 100%
Blog Entries: 6
Default

Quote:
Originally Posted by GunDog View Post
Is the transfer of a rifle (say an M1A) from my brother to me then legal without going through an FFL if we're both residents of California?
As Fate said, no.

See the wiki articles Intrafamilial and Interstate
__________________
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.


Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 12:03 PM.




Powered by vBulletin® Version 3.8.9
Copyright ©2000 - 2016, vBulletin Solutions, Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2016, Calguns.net an Incorporated Company All Rights Reserved.