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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
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Stripped lower gift Father to Son Question
Hello all. I've searched the threads and I have seen this or similar questions asked many times. I have had a hard time making complete sense of the answers that I have seen. So here is my question.
My dad bought a stripped lower receiver. He decided he didn't like that particular one and gave it to me. As a gift, from father to son (I am well over 21 yrs old), does any paperwork need to be filled out? It's pretty clear that there is paperwork for handguns, but not for long guns. I'm not quite clear on the deal with stripped lowers. Thanks in advance for any help! |
#2
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Gtg
Sent from my DROID RAZR using Tapatalk 2
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#3
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If you are both California residents then no paperwork is required because a stripped lower is not a handgun.
If you are residents of two different States then the transfer has to go through a dealer to comply with federal law. |
#4
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Right.
A stripped lower generally is not a handgun; CA has only the long gun/hand gun classes, while Feds include 'other', but CA requires paper on handguns only, until Jan 1 2014.
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
#5
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What about a stripped lower from an 80% engraved as pistol?
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#6
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I think legally you cannot. Correct me if I'm wrong, but the one who builds their own gun is the only person in the world allowed to own it. It may not ever be transferred, nor can it be given away.
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#8
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You can sell it, it just has to have identifying marks. Now gifting it to your kid is one I've pondered, since before Jan 1 2014, there's no paperwork involved.
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#9
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My understanding is that you can build as many 80% firearms (rifle or handgun) as you want. However, over your life time you can not sell more than 4 firearms, unless you get a FFL as a manufacture.
The BATFE does recommend that you mark your home builds with your own serial number or unique stamp in case of thief, sale, or police search. You don't have to mark the gun but it might look suspicious if a police officer ask to see the gun (make up your own scenario way this would happen-traffic stop after a day at the range etc.). He or she might not be familiar with home builds, and you might end up being detained for a few hours. Home builds are not required to be registered especially if they are long guns. As far as inheritance goes you can do a intrafamilial transfer which cost $19 for the transaction if the firearmS transferred are handguns. If the transfer is within the family and involves a long gun no DOJ or FFL paperwork needs to be done since the existence of the 80% build is not known by a level of gov't only to the individual who built it. As mentioned in be previous reply on 1/1/2014 all firearm purchased or transferred have to be registered with the CA DOJ. I don't know if 80% builds are covered, but I doubt it would require their registration. This has been my interpreting of what I have read on forums and the CA DOJ website. Last edited by Cpt; 12-25-2012 at 2:37 AM.. |
#10
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Where do you get this from? Please cite the law or regulation.
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#11
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Its a pistol so there is paperwork involved. It would be exactly the same as a intrafamiliar transfer of any handgun, fill out the form and send it in with $19.
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#12
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Link to very informative trend on CalGuns. I will go back to my post and cite the sources.
http://www.calguns.net/calgunforum/s...ad.php?t=86627 |
#13
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The fact is that under federal law, there is no requirement to get a license unless you are "engaged in the business". 18 USC § 921 (a) As used in this chapter - (10) The term "manufacturer" means any person engaged in the business of manufacturing firearms or ammunition for purposes of sale or distribution; and the term "licensed manufacturer" means any such person licensed under the provisions of this chapter. (21) The term "engaged in the business" means - (A) as applied to a manufacturer of firearms, a person who devotes time, attention, and labor to manufacturing firearms as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of the firearms manufactured; 18 USC § 922 (a) It shall be unlawful - (1) for any person - (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; |
#14
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What is the legal age for my children to finsh an 80% themself? I know you need to be 18 to purchase but not sure of the age to own. And since an 80 is not a firearm can I give an 80 to each of my children? My children ar 5, 6 & 14.....
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#15
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The age of common sense. |
#16
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Yes, but they have to prove that you are making them for the purpose of sale.
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#17
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There is no age requirement for possession of long guns in California. My 2 year old owns an AR lower and my 8 year old owns a 10/22 and an AR lower which we are picking out parts for. They store them in my Gun Safe.
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#18
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I wish to transfer AR lowers and complete rifles to my children 20 and 24 years old, it would seem according to the reply’s no paperwork needs to be done, if that is correct is the 20 year old good to go with me giving him a lower and what establishes the transfer?
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The bigger the government the smaller the citizen. Need a Realtor, I have 30 years experience, PM me. |
#19
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The thing that establishes the transfer is you handing them the firearms, same as if you were giving them a bicycle or an ipod. Starting in 2014 they will need to be at least 18 years old for you to transfer a ownership of any firearm to them and you will need to report any transfers to CalDOJ.
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__________________ "Knowledge is power... For REAL!" - Jack Austin |
#20
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Thank you all for the helpful information. So as far as the state and federal governments are concerned, the transfer (gift) of the lower receiver from my dad to me requires no paper work, correct? I'm so used to the convoluted gun laws here, this almost seems too simple!
Thanks again! |
#21
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Thank you all for the helpful information. So as far as the state and federal governments are concerned, the transfer (gift) of the lower receiver from my dad to me requires no paper work, correct? I'm so used to the convoluted gun laws here, this almost seems too simple!
Thanks again! |
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