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  • norcalmike
    Junior Member
    • May 2010
    • 7

    transfer or not

    hi. new here.i have a scenario for you all.
    A family friend , retired highway patrol , passed away. his widow called upon my father to appraise the gun collection he left behind. as a thanks, she gave him a few guns to keep. one of them, a s&w model 28-2 was given to me by my dad as a gift recently.

    should I:
    track down the legalities to make it mine on paper, or enjoy it and shoot it responsibly?
    Thanks for your input
  • #2
    DDG
    Member
    • Aug 2009
    • 149

    IMHO - Always get the gun in your name. You would not want it to be taken away from you simply because it was not properly registered. The sooner you do this, the easier it will be.

    Comment

    • #3
      bogeyshooter
      Junior Member
      • May 2010
      • 73

      http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf p 38

      Sales, Loans or Transfers of Firearms

      It is unlawful for a person who is not a licensed firearms dealer pursuant to Penal Code section 12071, to sell. loan or otherwise transfer a firearm to a non-licensed person unless the sale, loan. or transfer is completed through a licensed firearms dealer. (Penal Code sections 12071, 12072, 12082.)

      Exceptions
      1) The dealer licensing and reporting requirements do not apply to the sale, lease or transfer of any firearm in the following instances (Penal code section 12078(u)):
      - Firearms obtained by individuals through operation of law, such as
      -- the executor or administrator of an estate;
      -- a trustee in a bankruptcy proceeding;
      -- an assignee for creditors;
      -- a receiver for an estate in receivership;
      -- a surviving spouse;
      -- a transfer of property between spouses.

      NOTE: Concealable firearms obtained by any of the preceding means must be reported to the Department of Justice on forms provided by the Department of Justice. (Penal Code section 12078(i)(1).)
      ....
      - Firearms obtained through intestate succesion or by bequest, sales or transfers between "immediate family" members. Immediate family means parent and child and grandparent and grandchild. (NOTE: Individuals who receive a concealable firearm in this manner must obtain a Handgun Safety Certificate. the acquision of a handgun in this manner must be reported within 30 days of the Department of Justice on forms provided by the Department of Justice.)
      (Penal Code sections 12078(i)(1)(B), 12078(c)(2)(A).)

      Question - Did widow transfer gun properly to Dad?

      Dad can transfer to you but you'll need a HSC unless you already have or are exempt and it has to be reported.

      I'd check the legalities further.
      I'd check to see opinions of the more senior members here as well.
      Sig Sauer P226 Navy/Kimber Custom II TLE 1911

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