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  #1  
Old 12-04-2012, 12:59 PM
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Default Taking possession of a .22 rifle

My father has a .22 rifle that has been in the family ever since i was a kid he told me it was given to him as a gift so if i take possesion of it would there be any kind of issue even if it was a gift to my dad...
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  #2  
Old 12-04-2012, 1:28 PM
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nope
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  #3  
Old 12-04-2012, 1:31 PM
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Nope, intra family transfer is still as easy as "here you go", at least until the end of 2013
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  #4  
Old 12-04-2012, 1:36 PM
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what does the end of 2013 mean are you referring to the family transfer being phased out or something
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  #5  
Old 12-04-2012, 4:41 PM
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No,long guns will be registered after 2013.Not sure about family transfers.
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  #6  
Old 12-04-2012, 6:13 PM
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Depends if you and your father are California residents. If you both are, he just hand you the long gun and you say thanks. If he lives out of state, he would have to ship it to a CA FFL, where you do the DROS, wait 10 days, then it is yours.
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Old 12-04-2012, 6:20 PM
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On a side not, .22 rifles in California do not REQUIRE any transfer through an FFL since the legislation specifies center fire, family or not. Of course the DOJ still encourages all transfers to be done through an FFL, it is not yet required by law.... Unless something has recently changed?
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  #8  
Old 12-04-2012, 6:25 PM
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Ok i see but here is the thing we are both CA residents but the rifle was given to my dad as a gift by another person dont know if it was a family member or friend back like almost 30 years ago. would there be any issues even if i dont know the history of the rifle before my dad got it..
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  #9  
Old 12-04-2012, 6:59 PM
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Only if it was used in a crime that you are aware of or if it was stolen.
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  #10  
Old 12-04-2012, 7:18 PM
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Quote:
Originally Posted by Kenneth83 View Post
On a side not, .22 rifles in California do not REQUIRE any transfer through an FFL since the legislation specifies center fire, family or not. Of course the DOJ still encourages all transfers to be done through an FFL, it is not yet required by law.... Unless something has recently changed?
really?? can you post the PC that states this?
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  #11  
Old 12-04-2012, 7:24 PM
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Quote:
Originally Posted by Kenneth83 View Post
On a side not, .22 rifles in California do not REQUIRE any transfer through an FFL since the legislation specifies center fire, family or not. Of course the DOJ still encourages all transfers to be done through an FFL, it is not yet required by law.... Unless something has recently changed?
The law changed in 1991 to require Californians to transfer firearms through a California licensed dealer. There wasn't any rimfire exemption.
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  #12  
Old 12-04-2012, 8:16 PM
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Originally Posted by G-forceJunkie View Post
Depends if you and your father are California residents. If you both are, he just hand you the long gun and you say thanks. If he lives out of state, he would have to ship it to a CA FFL, where you do the DROS, wait 10 days, then it is yours.
^This.

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Originally Posted by ROAD_DOG View Post
Ok i see but here is the thing we are both CA residents but the rifle was given to my dad as a gift by another person dont know if it was a family member or friend back like almost 30 years ago. would there be any issues even if i dont know the history of the rifle before my dad got it..
If it was transferred prior to 1991 its fine.

There won't be a DROS in this case so it won't be run and to see if it was stolen.

Since its a rifle and being a legal intra family transfer before 2014 you do not have to OPLAW/VOLREG it. So once again it won't come up.

IMO you are not responsible for any items history unless you have reason to believe it was stolen. Not going to look up the PC but I'm pretty sure it says "knowingly receiving stolen goods" or something to that effect. Anyways it doesn't sound like your concern is if it was stolen. You are just interested in if the previous transfers where legal.
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  #13  
Old 12-04-2012, 9:21 PM
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Quote:
Originally Posted by ROAD_DOG View Post
what does the end of 2013 mean are you referring to the family transfer being phased out or something
Long gun transfers will be regestered starting 2014, after that you will need to fill out a form and send in a check when you do a family transfer on a long gun.

That's my understanding anyway, I would check in the 2nd ammendment forum for a definitive answer, the regulars there are better at the details of the future laws than I am.
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  #14  
Old 12-05-2012, 1:05 AM
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Quote:
Originally Posted by Kenneth83 View Post
On a side not, .22 rifles in California do not REQUIRE any transfer through an FFL since the legislation specifies center fire, family or not. Of course the DOJ still encourages all transfers to be done through an FFL, it is not yet required by law.... Unless something has recently changed?
100% WRONG.
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  #15  
Old 12-05-2012, 5:53 AM
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Quote:
Originally Posted by Kenneth83 View Post
On a side not, .22 rifles in California do not REQUIRE any transfer through an FFL since the legislation specifies center fire, family or not. Of course the DOJ still encourages all transfers to be done through an FFL, it is not yet required by law.... Unless something has recently changed?
This is incorrect. There is no rimfire exemption to the FFL requirement. They absolutely need to be transferred through a dealer, except in the case of an intrafamilial transfer between two relatives both in CA (or if the long gun is a C&R).
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  #16  
Old 12-06-2012, 8:48 PM
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This is incorrect. There is no rimfire exemption to the FFL requirement. They absolutely need to be transferred through a dealer, except in the case of an intrafamilial transfer between two relatives both in CA (or if the long gun is a C&R).
Woops. Those of you who disagreed with me do seem to be correct. After reviewing the PC neither rimfire or centerfire seem to be mentioned. Was this not the law at one time?

About 4 years ago I spoke to the Doj on this matter and they agreed it was not required. My only guess is that they were as out of the loop as me!! Thanks for the polite corrections....and again, my bad.
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  #17  
Old 12-06-2012, 10:06 PM
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Originally Posted by Kenneth83 View Post
Woops. Those of you who disagreed with me do seem to be correct. After reviewing the PC neither rimfire or centerfire seem to be mentioned. Was this not the law at one time?
Nope. There was never a rimfire exemption to the dealer transfer requirement. Before 1991, private party transfers didn't have to go through a dealer at all. You could sell a Glock to a stranger you met in the Denny's parking lot, cash and carry with no paperwork. After 1991, firearms transfers between California residents had to go through a California licensed dealer. If your uncle wants to give you a single shot .22 you have to do the transfer through a dealer.

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About 4 years ago I spoke to the Doj on this matter and they agreed it was not required. My only guess is that they were as out of the loop as me!! Thanks for the polite corrections....and again, my bad.
The people who answer the phones at CalDOJ have about a 25% chance of giving you the correct answer. The laws are just too complicated for most pubic employees to understand.
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  #18  
Old 12-09-2012, 8:22 AM
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You could sell a Glock to a stranger you met in the Denny's parking lot, cash and carry with no paperwork.
I think they still do that down in dah 'hood...
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  #19  
Old 12-09-2012, 8:27 AM
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The people who answer the phones at CalDOJ have about a 25% chance of giving you the correct answer. The laws are just too complicated for most pubic employees to understand.
That's only for True/False questions.
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  #20  
Old 12-09-2012, 5:49 PM
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Kenneth, I think you have the AR laws confused with transfers.
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