Family transfer laws

[nrifenbark]

Wondering whether it is legal to give a firearm to an immediate family member and what paperwork may be required. Family member lives in Arizona and legally buys a handgun there. Handgun is of a type that is legal to own in CA. Family member in AZ gives or sells the handgun to immediate family member who lives in CA. What's the law on this? Thanks.

[QuarterBoreGunner]

Standard disclaimers apply (I am not a lawyer...blah blah blah) but interfamily transfers go something like this: up or down the family ladder is fine, laterally is a no no.
Translated - from parent to child or vise verse and you're good to go. Uncle to niece or nephew or cousins to cousin, nope.

If it's a child/parent transfer, there is no paperwork required. You could do a Voluntary Registration form and send it in the the DOJ with a check for $14 if you like but it's not necessary.

And if I'm wrong I'm sure I'll be trampled by a flood of responses here in a few moments.

[maxicon]

There are 2 sets of laws that need to be followed in this case - federal and state.

The state law says transfers between parents, grandparents, and children can be done with no FFL intervention, assuming the person receiving the gun can legally own it and the gun is legal to own in California. Long guns have no registration requirement, handguns have to be registered by mail for $19.

Federal law says any transfer between residents of different states has to go through an FFL in the receiving state. This means the gun would have to be shipped to a California FFL, DROS'd, and go through the 10 day wait. There's an exemption from The Approved List for family transfers, I believe, and you'd have to find a receiving FFL who understood that.

[nrifenbark]

So, as a CA resident and legal owner of an CA approved handgun, I can give that handgun to my son (also a CA resident) and that's OK but he has to register it maybe at a police station, or by mail?

My daughter lives in AZ, and she may want to give me one of her handguns that is CA legal. I can pick it up next time I am there and upon my return to CA I have to register it here somehow?

I know these questions are very basic but I'd like to do things right.

[Mssr. Eleganté]

So, as a CA resident and legal owner of an CA approved handgun, I can give that handgun to my son (also a CA resident) and that's OK but he has to register it maybe at a police station, or by mail?

Basically, yes.

The handgun must be California legal (not an assault weapon), but it doesn't have to be on the California approved roster. This kind of transfer is exempt from the safe handgun roster. And magazines of over 10 round capacity can not be included, since their transfer is forbidden. Also, your son would need a Handgun Safety Certificate first. The registration takes place by mailing a form to CalDOJ.

My daughter lives in AZ, and she may want to give me one of her handguns that is CA legal. I can pick it up next time I am there and upon my return to CA I have to register it here somehow?

No. Since you two are residents of different states, Federal law requires that the handgun transfer be processed through an FFL Dealer in the transferee's state of residence. So your daughter would have to ship the handgun to an FFL Dealer in California. That Dealer can then charge you whatever he wants to for the transfer, usually $50 to $100. Most California Dealers will think that a handgun coming from out of state needs to be on the California approved roster. As maxicon mentioned above, you'll need to find a Dealer who knows about the out of state family transfer exemption to the roster.

[smogcity]

What about a father to son gift of a long gun with the father out of state and the son in cali? Would we still need the FFl or can he ship direct?

[Mssr. Eleganté]

What about a father to son gift of a long gun with the father out of state and the son in cali? Would we still need the FFl or can he ship direct?

Yes. An FFL would still be required.

[smogcity]

Thanks!

[shin_en]

Anyone have the law/penal code/whatever that says that an out of state handgun not on the approved list can be transfered between family members?

[rayra]

CA law has been amended. Now even immediate-family recipients of handguns must have a HSC.
PC12078 has a bunch of verbiage regarding transfer and family member, but some lawyer can dig out the nested sub-sub-sub-section reference.
And 'immediate family' is defined as parent-child or grandparent-grandchild

http://ag.ca.gov/firearms/hscfaqs.php#a10

13. Do I need a Handgun Safety Certificate (HSC) if I am receiving a handgun from my mother or father?

Yes. Prior to taking possession of the handgun, you must havea valid Handgun Safety Certificate (HSC). You must also report the transfer to DOJ, pursuant to Penal Code section 12078(c)(2)(A), within 30 days of the transfer. You may obtain Form FD4544A [PDF 28 kb / 2 pg] for this purpose on this website.

I believe that 'loophole' was closed in 2005. A BHSC / HSC wasn't originally required for an interfamily gift of a handgun. Registration wasn't always, either. I believe that was put into the law in the mid/late 90s.

/our anti-gun govt, forcing all handguns to be registered, one closing 'loophole' at a time.

[rayra]

Here's another question for the legal eagles - if your immediate family member travels into CA, bringing the firearm in question with them, visits you face to face and declares 'here's a gift' - would an FFL still be required? - there has been no 'shipment'. For all intents the person could have brought the arm along for some plinking while attending a family reunion, only choosing to make a gift of it while in the recipient's presence.

/how many Intents can dance on a BATFE pinhead?

[CSDGuy]

Here's another question for the legal eagles - if your immediate family member travels into CA, bringing the firearm in question with them, visits you face to face and declares 'here's a gift' - would an FFL still be required? - there has been no 'shipment'. For all intents the person could have brought the arm along for some plinking while attending a family reunion, only choosing to make a gift of it while in the recipient's presence.

/how many Intents can dance on a BATFE pinhead?

Yep. It's still an interstate transfer... your immediate family member would NOT a California Resident, and therefore an FFL would be required. Transfers between certain family members of handguns only require a DOJ form be filed and a $19 check per handgun IF both family members are California Residents.

It's not the shipment that matters, it's the residency of the family members that matters.

[TonyM]

Okay, so here's a situation I was wondering about.

1. A man gives a handgun to his father.
2. The father never fills out a form, and 6 years pass.
3. The son moves out of the state in this time.
4. The father never used or really wanted the handgun and gives it to his second son, again, no paperwork filed.
5. 3 more years pass and the second son realizes he isn't really fond of revolvers and wants to sell it. It's nothing special, but not on the list at this time.


Can another person purchase and DROS this handgun from the second son? Will the fact that it was originally DROS'd to the other son become an issue in the DROS?

[Soundman]

Yep. It's still an interstate transfer... your immediate family member would NOT a California Resident, and therefore an FFL would be required. Transfers between certain family members of handguns only require a DOJ form be filed and a $19 check per handgun IF both family members are California Residents.

It's not the shipment that matters, it's the residency of the family members that matters.

This same situation happened to me earlier this year and I called the doj and was told that he could bring it to me personally. According to the person I spoke to, the firearm is legally his until I take posession of it so therefore he can legally bring it across state lines. The firearm must still be registered with the doj and the $19 fee sent in.

[Mssr. Eleganté]

This same situation happened to me earlier this year and I called the doj and was told that he could bring it to me personally. According to the person I spoke to, the firearm is legally his until I take posession of it so therefore he can legally bring it across state lines. The firearm must still be registered with the doj and the $19 fee sent in.

He probably told you that because it is legal under California law. But you would still be violating Federal law.