STI 2011 in Cali?

[Aluisious]

Don't chance it...you want legal trouble because your Dad gave you one kind of gun instead of another?

[elsolo]

No dealer required for the gift. only for regsitration

Dad gives you gun at XMAS in TX. You personally bring it back to CA. Within 30 days you register it. Below is the text that says no dealer need be involved, since it is a PPT not a dealer sale, the approved list doesn not apply. I am not an attorney, the following does not constitute legal counsel or advice.


12072
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082

12078
2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and both of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.

http://ag.ca.gov/firearms/dwcl/12070.php

[gose]

Dad gives you gun at XMAS in TX. You personally bring it back to CA. Within 30 days you register it. Below is the text that says no dealer need be involved, since it is a PPT not a dealer sale, the approved list doesn not apply. I am not an attorney, the following does not constitute legal counsel or advice.


12072
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082

12078
2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and both of the following conditions are met:
(A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, forward by prepaid mail or deliver in person to the Department of Justice, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The report forms that individuals complete pursuant to this paragraph shall be provided to them by the Department of Justice.
(B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
(C) The person receiving the firearm is 18 years of age or older.
(3) As used in this subdivision, "immediate family member" means any one of the following relationships:
(A) Parent and child.
(B) Grandparent and grandchild.
http://ag.ca.gov/firearms/dwcl/12070.php

I stand corrected. Looks like no FFL needs to get involved.

[Fjold]

So I have to get one of my kids to move out of state. Hmmmmmmmmm,

[C9X19]

Immediate family, meaning parents and grand parents. Siblings, uncles etc are NOT ok.

Aren't siblings like your brother or sister? Isn't that quite "immediate"?

[gose]

Aren't siblings like your brother or sister? Isn't that quite "immediate"?

You would think, but the text specifically excludes brothers and sisters.

[LCAZES]

I stand corrected. Looks like no FFL needs to get involved.

After carefully reading these sections over many times, my take is that 12078 does explicitly exempt intra familial transfers from the 30 day requirement but does NOT seem to provide exemption of the requirement for the handgun to be on the aproved list that passed the drop test. Can anyone else verify this? Please prove me wrong

[elsolo]

Edited to note that the post below answers the question Better.

12032 is the pertanent section for the approved list exemption, due to the family transfer exemption found in 12078 which also allows you to avoid using an FFL for the transfer as is mandated in 12072(d)


I am not an attorney, this is not legal advice or counsel.

[elsolo]

So in conclusion, the exemption to 12072 (d):
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.
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That exemption to 12072(d) is found in 12078:
(2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and both of the following conditions are met:
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That lets the family gift handgun transfer be conducted w/o a FFL. The exemption contained in 12078 also allows an exemption from the "safe handgun list" as outlined in 12132:
-----------------------------------------------------------------------------
12132. This chapter shall not apply to any of the following:
(a) The sale, loan, or transfer of any firearm pursuant to Section 12082 in order to comply with subdivision (d) of Section 12072.
(b) The sale, loan, or transfer of any firearm that is exempt from the provisions of subdivision (d) of Section 12072 pursuant to any applicable exemption contained in Section 12078, if the sale, loan, or transfer complies with the requirements of that applicable exemption to subdivision (d) of Section 12072.

Here's the sections that are relavent:

http://ag.ca.gov/firearms/dwcl/12125.php

http://ag.ca.gov/firearms/dwcl/12070.php

Here's a handy link for finding all those pesky laws:

http://ag.ca.gov/firearms/dwcl/index.php

[randy]

If you're not bringing back the standard-cap mags and it is a legally purchased gift from your father to you, I don't see why not? Just make sure you do the mandatory voluntary paperwork to register it when you bring it back.

Get one for me~ 6' wide frame please.

If it is mandatory how can it be voluntary?