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If I GIFT a Firearm?

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  • SteelPastor
    Member
    • Jan 2013
    • 219

    If I GIFT a Firearm?

    .

    Nothing squirrely here. I want to gift a handgun to another person (a friend) in CA. They have no limitations on ownership.

    My question is... does this count as one-of-six transfers that be done per year? Or to qualify, does it need to be a sale?

    Thank you.
  • #2
    9Cal_OC
    Calguns Addict
    • Apr 2019
    • 6687

    One-of-five*

    Yes it counts whether you gift or sell.
    Freedom isn't free...

    sigpic

    iTrader

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    • #3
      Gat Man
      Senior Member
      • Jul 2016
      • 557

      Correct me if I’m wrong but I believe you can only “gift” to family members (Intra- Familial). If you want to give it away, just meet your friend at the gun shop and PPT.

      Comment

      • #4
        still919
        Member
        • Nov 2015
        • 458

        Gift it to me, and it definitely won't count against you in any which way

        Comment

        • #5
          P5Ret
          Calguns Addict
          • Oct 2010
          • 6381

          You can gift it. I does as I am sure you know have to be processed through an FFL as a PPT and it will count as one of your calendar year transactions, just no legal way around that.

          I have never seen anything in writing that says money has to change hands, except of course for the associated state robbery fee.
          Last edited by P5Ret; 06-19-2020, 10:55 PM. Reason: Damn presumptive type.

          Comment

          • #6
            SteelPastor
            Member
            • Jan 2013
            • 219

            I appreciate the insight. I understand that it needs to go thru an FFL. Any other thoughts?

            Comment

            • #7
              ????? ????
              Senior Member
              • May 2014
              • 991

              Penal Code section 16730:
              (a) As used in Section 31815 and in Division 6 (commencing with Section 26500) of Title 4, “infrequent” means both of the following are true:

              (1) The person conducts less than six transactions per calendar year.

              (2) The person sells, leases, or transfers no more than 50 total firearms per calendar year.

              (b) As used in this section, “transaction” means a single sale, lease, or transfer of any number of firearms.

              Penal Code section 16730's "infrequent" is explicitly referenced in loans to family, intrafamlilal transfers, and movie prop loans, so you can guess what the Penal Code considers a transfer.

              Comment

              • #8
                GeeBee49
                Senior Member
                • Jan 2020
                • 1981

                I was surprised at how easy it is to gift a gun to certain family members in California. Much easier than gifting a gun to a friend.

                Comment

                • #9
                  edgerly779
                  CGN/CGSSA Contributor
                  CGN Contributor
                  • Aug 2009
                  • 19871

                  Yes you can gift to non family must go to and thru ffl . They cannot take delivery till dros done.

                  Comment

                  • #10
                    morrcarr67
                    I need a LIFE!!
                    • Jul 2010
                    • 15035

                    Originally posted by Gat Man
                    to family members (Intra- Familial). If you want to give it away, just meet your friend at the gun shop and PPT.
                    You're wrong.

                    You can "gift" a gun to anyone you want. Depending on who that person is will depend on how the "transfer" is done.

                    If the person you're gifting it to isn't a grandparent/parent/child then the transfer must be done through an FFL.
                    Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

                    Originally posted by Erion929

                    Comment

                    • #11
                      GeeBee49
                      Senior Member
                      • Jan 2020
                      • 1981

                      In the current situation it may be difficult to find a gun shop near you that is still doing PPTs. I've read posts here saying that is the case in some places.

                      Comment

                      • #12
                        edgerly779
                        CGN/CGSSA Contributor
                        CGN Contributor
                        • Aug 2009
                        • 19871

                        No problems in LA/SOCAL if you know where to go. Use search. FYI it is none of the ffls business how you were paid or not paid for the firearm they are not a party to the transaction. Only the means to legally transfer ownership.

                        Comment

                        • #13
                          newbie1234
                          Veteran Member
                          • Feb 2016
                          • 3121

                          Just to make sure that BOTH you and you friend must be California resident before go to FFL to do the PPT.

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