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yet another intrafamilial transfer question

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  • moleculo
    Senior Member
    • Sep 2010
    • 946

    yet another intrafamilial transfer question

    Here's the scenario:

    One family member is giving a parent an off-roster handgun and sends the intrafamilial transfer paper in. The parent wants to give the same handgun to another child. Is there a minimum ownership time period by the parent that must lapse until the second transfer occurs to keep everything legal? A local FFL told me that the parent must own the gun for a year before it's legal to gift it again. I haven't found anything to support that, but what do I know?
    Those acting in the public interest assume obligations of accountability and transparency. Retroactively redefining goals while claiming yet refusing to disclose some "master plan" is just the opposite. So is viciously trashing anyone who questions your judgment. -navyinrwanda
  • #2
    five.five-six
    CGN Contributor
    • May 2006
    • 34864

    yes, until the child is 21

    other than that it would have to be at least a few seconds to fill out the paperwork

    Comment

    • #3
      moleculo
      Senior Member
      • Sep 2010
      • 946

      All parties are well over 21.
      Those acting in the public interest assume obligations of accountability and transparency. Retroactively redefining goals while claiming yet refusing to disclose some "master plan" is just the opposite. So is viciously trashing anyone who questions your judgment. -navyinrwanda

      Comment

      • #4
        Cokebottle
        Señor Member
        CGN Contributor - Lifetime
        • Oct 2009
        • 32373

        Originally posted by five.five-six
        yes, until the child is 21
        Pretty sure it's 18.

        Can't purchase one from an FFL until you're 21, but a parent can gift at 18.
        - Rich

        Originally posted by dantodd
        A just government will not be overthrown by force or violence because the people have no incentive to overthrow a just government. If a small minority of people attempt such an insurrection to grab power and enslave the people, the RKBA of the whole is our insurance against their success.

        Comment

        • #5
          Mssr. Eleganté
          Blue Blaze Irregular
          CGN Contributor - Lifetime
          • Oct 2005
          • 10401

          It's not required by law, but I would wait until I got the confirmation letter back from CalDOJ for the first transfer (1-4 months) before sending in the form for the second transfer. That's just so the forms get processed in the right order.
          __________________

          "Knowledge is power... For REAL!" - Jack Austin

          Comment

          • #6
            Doheny
            I need a LIFE!!
            • Sep 2008
            • 13820

            It's not required by law, but I would wait until I got the confirmation letter back from CalDOJ for the first transfer (1-4 months) before sending in the form for the second transfer. That's just so the forms get processed in the right order.
            I agree with this, adding the caveat that everyone is of proper age as mentioned.
            Sent from Free America

            Comment

            • #7
              Librarian
              Admin and Poltergeist
              CGN Contributor - Lifetime
              • Oct 2005
              • 44652

              Originally posted by moleculo
              Here's the scenario:

              One family member is giving a parent an off-roster handgun and sends the intrafamilial transfer paper in. The parent wants to give the same handgun to another child. Is there a minimum ownership time period by the parent that must lapse until the second transfer occurs to keep everything legal? A local FFL told me that the parent must own the gun for a year before it's legal to gift it again. I haven't found anything to support that, but what do I know?
              Originally posted by five.five-six
              yes, until the child is 21

              other than that it would have to be at least a few seconds to fill out the paperwork
              Heh.

              No, no requirement to have the gun for any length of time. The OPLAW forms are retrospective - it's a good idea to file them in a timely fashion, but a few days here or there would not be remarkable. Be sure to file them in the correct order so the chain of title is correct. Probably kid1-to-parent on dated on day 1, parent-to-kid2 dated on day 2 would be sufficient.
              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

              • #8
                moleculo
                Senior Member
                • Sep 2010
                • 946

                It's no wonder the average person can't comprehend the firearm laws. Even the FFL's can't seem to get it right.
                Those acting in the public interest assume obligations of accountability and transparency. Retroactively redefining goals while claiming yet refusing to disclose some "master plan" is just the opposite. So is viciously trashing anyone who questions your judgment. -navyinrwanda

                Comment

                • #9
                  Requiem
                  Senior Member
                  • Dec 2008
                  • 1725

                  Originally posted by Cokebottle
                  Pretty sure it's 18.

                  Can't purchase one from an FFL until you're 21, but a parent can gift at 18.
                  Correct.
                  .

                  Comment

                  • #10
                    lorax3
                    Super Moderator
                    CGN Contributor - Lifetime
                    • Jan 2009
                    • 4633

                    Originally posted by Cokebottle
                    Pretty sure it's 18.
                    Right, deal is the law in question prohibits FFL's from giving possession of a handgun to someone under 21.

                    So if the transfer had to go through an FFL due to the parent being a resident of a different state, the child would need 21.

                    No FFL involved, it's 18. In states that do not require handgun transfers to be facilitated through an FFL those who are 18 can buy handguns from private parties.
                    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

                    • #11
                      jtmkinsd
                      Senior Member
                      • Mar 2010
                      • 2352

                      Originally posted by moleculo
                      It's no wonder the average person can't comprehend the firearm laws. Even the FFL's can't seem to get it right.
                      We're people too...heck, DOJ can't even get it right sometimes...so it's best to ask...then research...then come here
                      Originally posted by orangeglo
                      Welcome to failtown, population = you.

                      Comment

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