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Intrafamilial Gun Transfer Question

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  • mydogsmonkey
    Veteran Member
    • Jan 2009
    • 4166

    Intrafamilial Gun Transfer Question

    Hi there, just had a quick question for that form, my mom had bought me a handgun for christmas and im getting ready to have it transferred in my name. First i just wanted to know that this is legal right? I'm 19 btw, also for the form, where it says "How posession was obtained" what do i put? It was a gift for christmas. Should i put "face to face gift"?

    Thanks
    Ernest
  • #2
    paul0660
    In Memoriam
    • Jul 2007
    • 15669

    Just gift would work, and it is legal.
    *REMOVE THIS PART BEFORE POSTING*

    Comment

    • #3
      mydogsmonkey
      Veteran Member
      • Jan 2009
      • 4166

      Originally posted by paul0660
      Just gift would work, and it is legal.
      thanks!

      Comment

      • #4
        p7m8jg
        Senior Member
        • Dec 2007
        • 1914

        Dontcha just love those gifts that keep on giving!!!

        Need to transfer my son's .45 auto into his name, too........a labor of love...

        Comment

        • #5
          Mike's Custom
          Senior Member
          • Nov 2007
          • 872

          It is not legal for you to register a handgun at 19. you must be 21 for a handgun. Between 18 and 21 you may be "in possession" but not the registered owner.
          "Gun control is not about guns, it is about control"

          Mike's Custom Firearms 661-834-7836
          http://mikescustomfirearms.com/

          Comment

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            Originally posted by Mike's Custom
            It is not legal for you to register a handgun at 19. you must be 21 for a handgun. Between 18 and 21 you may be "in possession" but not the registered owner.
            Incorrect. It is perfectly legal for a 18-20 year old to be the registerd owner of a handgun. He just can't purchase/transfer it through a FFL.

            12078(c)(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 all 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.

            To the OP, I'm assuming both your and your mother are both CA-residents. If so, just fill out the intrafamily transfer form, send it in with $19, and you are all set. As per the code I posted above, you are required to have an HSC, but they don't ask you about it on the form. Get it anyways. And yes, an 18-20 year old can get an HSC.
            Last edited by ke6guj; 01-11-2010, 1:32 PM.
            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

            • #7
              lorax3
              Super Moderator
              CGN Contributor - Lifetime
              • Jan 2009
              • 4633

              Originally posted by mydogsmonkey
              "How posession was obtained" what do i put? ?
              I've been told by the DOJ phone operators that 'gift' is a valid option. Apparently 'sale' is as well.
              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

              • #8
                mydogsmonkey
                Veteran Member
                • Jan 2009
                • 4166

                thanks guys, i already got my HSC done so im good with that. just making sure everything is good and legal and nothing left for error. im excited for my first pistol

                Comment

                • #9
                  Phireglass
                  Member
                  • Jul 2009
                  • 296

                  Originally posted by Mike's Custom
                  It is not legal for you to register a handgun at 19. you must be 21 for a handgun. Between 18 and 21 you may be "in possession" but not the registered owner.
                  THIS IS FUD!!
                  Not Legal In California

                  Comment

                  • #10
                    halifax
                    Veteran Member
                    • Oct 2005
                    • 4440

                    Originally posted by Phireglass
                    THIS IS FUD!!
                    Yeah, I think ke6guj addressed that in Post #6

                    BTW, Fear, Uncertainty, and Doubt usually implies deceit. Just being wrong doesn't.
                    Last edited by halifax; 01-14-2010, 4:50 AM. Reason: link added
                    Jim


                    sigpic

                    Comment

                    • #11
                      Mike's Custom
                      Senior Member
                      • Nov 2007
                      • 872

                      Thanks for pointing that out in such a nice way.
                      Last edited by Mike's Custom; 01-12-2010, 2:01 AM.
                      "Gun control is not about guns, it is about control"

                      Mike's Custom Firearms 661-834-7836
                      http://mikescustomfirearms.com/

                      Comment

                      • #12
                        ChrisO
                        Veteran Member
                        • Apr 2007
                        • 4678

                        Originally posted by Mike's Custom
                        Thanks for pointing that out in such a nice way.

                        Thats usually happens when you go around spreading FUD.

                        Comment

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