Unconfigured Ad Widget

Collapse

Handgun family transfer

Collapse
X
 
  • Time
  • Show
Clear All
new posts
  • Bogurt
    Junior Member
    • May 2009
    • 46

    Handgun family transfer

    Over the last 4 years, a number of firearms have been gradually passed down from my great grandfather to my grandpa to me due to their passing away. I have been shooting for years and have had the firearms in my possession since they passed. I am the only person in my Californian family who enjoys shooting and owns a gun safe. I recently turned 21 so now the pistols are officially mine. My question is this: what paperwork is needed to be able to sell these. I am keeping most of my collection and am only ridding myself of some cheap .380 and .25 sub-compacts that I have no use for and do not intend on shooting. I know these pistols are legal. As both my grandfather and great grandfather are deceased, there is no way to get paperwork.
  • #2
    lorax3
    Super Moderator
    CGN Contributor - Lifetime
    • Jan 2009
    • 4633

    The best thing to do is fill out a "intra-familial" transfer form and send that into the DOJ with $19 total for all handguns.



    You can read more about family transfers here

    Now there is a chance that the above step is unneeded, this would be because you acquired the handguns before registration was required when transferring a handgun.

    Although to be safe, send in the above form. The DOJ will send back a receipt confirming that the firearms are now in your name. At which point you can do as you which.
    Last edited by lorax3; 06-01-2009, 4:09 PM.
    You think you know, but you have no idea.

    The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

    Comment

    • #3
      Futurecollector
      I need a LIFE!!
      • Oct 2008
      • 11559

      Originally posted by lorax3
      The best thing to do is fill out a "intra-familial" transfer form and send that into the DOJ with $19 per handgun.



      You can read more about family transfers here

      Now there is a chance that the above step is unneeded, this would be because you acquired the handguns before registration was required when transferring a handgun.

      Although to be safe, send in the above form. The DOJ will send back a receipt confirming that the firearms are now in your name. At which point you can do as you which.
      How would he have been able to Legally become in posestion on a Pistol before CA Hand gun reg?
      None of my posts are serious or real, nothing I post is legal advice.

      Originally posted by SanDiego619
      I am a complete idiot

      Comment

      • #4
        Bogurt
        Junior Member
        • May 2009
        • 46

        When I said the pistols were legal, I meant that they were legally owned by my great grandfather. Heres another question...It says that I only have 30 days to complete the paperwork. I have had these pistols in my possession for 3 years. Would I just fill in my relatives names and hope that everything works. Thankyou for the help.

        Comment

        • #5
          Vin496
          Calguns Addict
          • Mar 2008
          • 8804

          Originally posted by Bogurt
          When I said the pistols were legal, I meant that they were legally owned by my great grandfather. Heres another question...It says that I only have 30 days to complete the paperwork. I have had these pistols in my possession for 3 years. Would I just fill in my relatives names and hope that everything works. Thankyou for the help.
          Don't worry about the time frame. It is written in the PC that you cannot get in trouble for registering guns late, if the only way the State would have known is by you registering them.

          Meaning you can't get yourself in trouble.
          I think it can be confirmed that an alien xenomorph is absolutely no match for good ole' Alabama black snake!

          and

          If you're in a survival movie and the hot blond twists her ankle and can't walk, you damn well figure a way to carry her. If it's a dude, you shake his hand and say "best of luck".

          Comment

          • #6
            lorax3
            Super Moderator
            CGN Contributor - Lifetime
            • Jan 2009
            • 4633

            Originally posted by futurecollector
            How would he have been able to Legally become in posestion on a Pistol before CA Hand gun reg?
            I said that because I do not know when 12078(c)(2) and 12026 were enacted. It would seem unlikely as the OP gave his age, so he would not have been at least 18 when he originally gained possession. Although I do not know when the "18 to own" become law. It may have been a long time ago.

            Which is why the best option is to send in the form. Although there is nothing illegal about owning an unregistered handgun.
            You think you know, but you have no idea.

            The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

            Comment

            • #7
              RolinThundr
              Senior Member
              • May 2009
              • 1228

              possession

              I believe, by law, the guns would have had to be in the possession of an assigned custodian until the OP turned 21. The custodian may have taken possession of the guns before the registration laws went into effect, but since he turned 21 after the registration laws it would be best, and may very well be the case, that he should be required to submit the OoL/Intrafamilial Transfer Forms.
              "The Gun is Civilization", Written By Marko Kloos

              "The more corrupt the state, the more laws." -Tacitus, Publius Cornelius

              "Si Vis Pacem, Para Bellum."

              Comment

              • #8
                lorax3
                Super Moderator
                CGN Contributor - Lifetime
                • Jan 2009
                • 4633

                Originally posted by RolinThundr
                I believe, by law, the guns would have had to be in the possession of an assigned custodian until the OP turned 21.
                You only need to be 18 to own a handgun, not 21. But I would agree that all the OP needs to do it send in that form.
                You think you know, but you have no idea.

                The information posted here is not legal advice. If you seek legal advice hire an attorney who is familiar with all the facts of your case.

                Comment

                • #9
                  Librarian
                  Admin and Poltergeist
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 44640

                  Originally posted by lorax3
                  The best thing to do is fill out a "intra-familial" transfer form and send that into the DOJ with $19 per handgun.



                  You can read more about family transfers here
                  Minor improvement - it's $19 for all of the handguns you want to report, not each one.

                  But that is the form to document transfer-by-inheritance between linearly-related family.
                  ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                  Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                  Comment

                  • #10
                    Futurecollector
                    I need a LIFE!!
                    • Oct 2008
                    • 11559

                    Originally posted by Librarian
                    Minor improvement - it's $19 for all of the handguns you want to report, not each one.

                    But that is the form to document transfer-by-inheritance between linearly-related family.
                    IIRC, you can only do 3 on one form right? Like is said I cant remeber maybe Librarian can set it for sure
                    None of my posts are serious or real, nothing I post is legal advice.

                    Originally posted by SanDiego619
                    I am a complete idiot

                    Comment

                    • #11
                      Futurecollector
                      I need a LIFE!!
                      • Oct 2008
                      • 11559

                      Originally posted by lorax3
                      I said that because I do not know when 12078(c)(2) and 12026 were enacted. It would seem unlikely as the OP gave his age, so he would not have been at least 18 when he originally gained possession. Although I do not know when the "18 to own" become law. It may have been a long time ago.

                      Ok just checking to make sure you knew what was up lol


                      Originally posted by lorax3

                      Which is why the best option is to send in the form. Although there is nothing illegal about owning an unregistered handgun.

                      Well I wouldnt say that, Granted I dont know "FOR SURE" what the law reads (its been a couple of months) but An 21 year old kid with unregistered guns, hmmmm, im just thinking, you get pulled over the LEO's run the gun to see that its never been registered, well he isnt old enough to have no had to register it pre 1992, so then he would have come into possesion illegally of a Pistol in CA,

                      some of the other more Vet. Members please clerify to me!!!
                      None of my posts are serious or real, nothing I post is legal advice.

                      Originally posted by SanDiego619
                      I am a complete idiot

                      Comment

                      • #12
                        ke6guj
                        Moderator
                        CGN Contributor - Lifetime
                        • Nov 2003
                        • 23725

                        Originally posted by futurecollector
                        IIRC, you can only do 3 on one form right? Like is said I cant remeber maybe Librarian can set it for sure
                        yes,there is only room for 3 on a form, but the instructions state to just use additional forms as needed, but it is still $19 total.
                        Jack



                        Do you want an AOW or C&R SBS/SBR in CA?

                        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                        Comment

                        • #13
                          Futurecollector
                          I need a LIFE!!
                          • Oct 2008
                          • 11559

                          Originally posted by ke6guj
                          yes,there is only room for 3 on a form, but the instructions state to just use additional forms as needed, but it is still $19 total.
                          Ok thanks, I have been wondering that for a lil while,

                          also Are there any restricitons on me selling the guns after I have registered them?
                          None of my posts are serious or real, nothing I post is legal advice.

                          Originally posted by SanDiego619
                          I am a complete idiot

                          Comment

                          • #14
                            ke6guj
                            Moderator
                            CGN Contributor - Lifetime
                            • Nov 2003
                            • 23725

                            Originally posted by futurecollector

                            Well I wouldnt say that, Granted I dont know "FOR SURE" what the law reads (its been a couple of months) but An 21 year old kid with unregistered guns, hmmmm, im just thinking, you get pulled over the LEO's run the gun to see that its never been registered, well he isnt old enough to have no had to register it pre 1992, so then he would have come into possesion illegally of a Pistol in CA,
                            The PC does not regulate the possession of an unregistered handgun that is otherwise legal in CA, except for cases like increasing the penalty for unlicensed CCW of an unregistered handgun.


                            Your scenario could include a loan of a handgun from a 3rd-party, which is legal as long as the recipients has a Handgun Safety Certificate.

                            And iif it belonged to the 21 year old, depending on when the transfer happened, it may not be prosecutable anyways, since the SOL is 3 years for that violation.
                            Jack



                            Do you want an AOW or C&R SBS/SBR in CA?

                            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                            Comment

                            • #15
                              ke6guj
                              Moderator
                              CGN Contributor - Lifetime
                              • Nov 2003
                              • 23725

                              Originally posted by futurecollector
                              also Are there any restricitons on me selling the guns after I have registered them?
                              yes, that you do no more than 5 handgun sales transactions in a single year.
                              Jack



                              Do you want an AOW or C&R SBS/SBR in CA?

                              No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                              Comment

                              Working...
                              UA-8071174-1