Quick question on Intrafamilial transfer

[tacobueno]

I have a situation in which I want to acquire some handguns through Intrafamilial transfer and would like some clarification on if it is legal. (im under 21 but over 18)

I recently moved to california and my family still lives in Texas. My father passed away years ago and i inherited his handguns, but could never take legal possession of them because I was underage. I am now over 18 and would like to have them and I will be visiting over christmas and could pick them up. Would it be ok to fill out the intrafamilial handgun form and take posession of them, or is it illegal because it is between states?

Sorry is thats confusing, I just want to make sure because it confuses me....

[Librarian]

So, you inherited them, but TX said you couldn't touch them because you were underage?

If that were CA, I'd think the transfer occurred when the terms of the will were executed; you were living in TX at the time of inheritance, right? Then the transfer would have been within TX and interstate does not apply. But the key is TX law in this case.

If that's true, you can just bring them in and pay the handgun importer fee. More expensive, since it's $19 per handgun rather than $19 per transfer (of however many).

New Resident Handgun Ownership Report

If you already owned them when you moved here, there's no requirement that you bring them on any particular schedule.

[Quiet]

I concur with Librarian.

You inherited them when you were still living in TX.
So, you are just bringing handguns you already own, that are being stored in TX, back to CA.

Send in the New Resident Handgun Ownership Report along with the applicable fees to CA DOJ, when you come back to CA.


Also, remember you can not bring back any handgun that would be classified as an "assault weapon" or a "short-barreled shotgun" under CA law and you can not bring back any large capacity magazines for the handguns. Since, you did not own the large capacity magazines in CA before 01-01-2000, you can not import them into CA. However, you can bring back large capacity magazine parts. Just never assemble them while you are in CA. Unless, you are doing so to make permanent 10 round magazines.

[tacobueno]

federal law prevented me from owning one before i was 18

A person under age 18 may not possess a handgun or handgun ammunition, and it is illegal for a person to provide a handgun or handgun ammunition to a person under age 18, except for target shooting, hunting, or certain other exempted purposes. (Youth Handgun Safety Act, 1994)

i have also moved to california recently, but have been here for 6 months, and i think I cant fill out the new resident form because I have been here for a while

thanks for helping me, this is very confusing

[dark45]

i think he ment they read the will before he was 18 and couldn't own them. my best guess is they legality are his mothers if what i said is right. in that case from mother to son right could he do that between two states? or would he have to get them in his name in TX then do the personal import form?

[tacobueno]

i think he ment they read the will before he was 18 and couldn't own them.

correct

[Librarian]

i have also moved to california recently, but have been here for 6 months, and i think I cant fill out the new resident form because I have been here for a while

Don't have to fill out the form until you bring in the guns, so the new resident thing is probably the right way to go.

And luckily, 18 USC 922 (x)(2) only talks about 'possess' not 'own', so if TX were cool with the transfer of ownership (subject to a conservator-like relationship for the actual possession) then tacobueno owned the guns then and owns them now.

[tacobueno]

That sounds good. I appreciate all the help librarian, if it wasn't for calguns I would be unbelievably lost in all these laws. One last thing: the doj website says

Handguns

Any person who moves into California and who brings any pistol, revolver, or other firearm capable of being concealed upon the person is considered to be a "Personal Handgun Importer" and is required to do one of the following within 60 days:

Would that mean 60 days after bringing the gun into California, or 60 days after moving to California? because if it is after moving, 60 days have passed, if not, I am all set.

[Quiet]

Would that mean 60 days after bringing the gun into California, or 60 days after moving to California? because if it is after moving, 60 days have passed, if not, I am all set.

AFAIK...
They say 60 days, but there is not penalty for doing it after the 60 days.
As long as they get the info and money, they don't seem to care if you are past the 60 days.