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Handgun "Gifting".

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  • NapaPlinker
    Senior Member
    • Jun 2010
    • 965

    Handgun "Gifting".

    Have A question... Im 18 and for christmas my dad wants to gift a Beretta to me. Anyways do i need to get an HSC for that to be legitmate?
    Pew Pew Pew.
  • #2
    ocspeedracer
    Senior Member
    • Dec 2008
    • 1147

    I beleive the answer is yes you need an HSC it could cause you trouble at some point.

    Comment

    • #3
      Joe
      Calguns Addict
      • Apr 2006
      • 5730

      Yes.

      Comment

      • #4
        Chris M
        Senior Member
        • Jan 2007
        • 1771

        I thought the HSC was for purchases only?

        [edit]
        Nevermind. Just read the PC. "Any person who acquires a handgun..."


        [edit #2]

        From the looks of it, no HSC is needed for a transfer...

        (8) (A) Commencing April 1, 1994, and until January 1, 2003, no
        pistol, revolver, or other firearm capable of being concealed upon
        the person shall be delivered unless the purchaser, transferee, or
        person being loaned the firearm presents to the dealer a basic
        firearms safety certificate.
        (B) Commencing January 1, 2003, no dealer may deliver a handgun
        unless the person receiving the handgun presents to the dealer a
        valid handgun safety certificate. The firearms dealer shall retain a
        photocopy of the handgun safety certificate as proof of compliance
        with this requirement.
        (C) Commencing January 1, 2003, no handgun may be delivered unless
        the purchaser, transferee, or person being loaned the firearm
        presents documentation indicating that he or she is a California
        resident.
        Satisfactory documentation shall include a utility bill
        from within the last three months, a residential lease, a property
        deed, or military permanent duty station orders indicating assignment
        within this state, or other evidence of residency as permitted by
        the Department of Justice. The firearms dealer shall retain a
        photocopy of the documentation as proof of compliance with this
        requirement.
        Last edited by Chris M; 11-24-2010, 3:30 PM.

        Comment

        • #5
          Oceanbob
          I need a LIFE!!
          • Jun 2010
          • 12720

          Get the card and enjoy the weapon.

          Originally posted by NapaPlinker
          Have A question... Im 18 and for christmas my dad wants to gift a Beretta to me. Anyways do i need to get an HSC for that to be legitmate?
          YOU..not dad, fill out this form:



          under 'ACQUIRED FROM' print your Dads name

          under 'HOW POSSESSION WAS OBTAINED' print GIFT FROM FATHER

          That's it. Send that form in with $19 total. The $19 fee covers any number of handguns from one to whatever....it's not $19 per handgun.

          Have fun. Thank your dad...

          By the way....Dad can give you a rifle just by handing it to you. No paperwork or registration required. (same for a shotgun)
          May the Bridges I burn light the way.

          Life Is Not About Waiting For The Storm To Pass - Its About Learning To Dance In The Rain.

          Fewer people are killed with all rifles each year (323 in 2011) than with shotguns (356), hammers and clubs (496), and hands and feet (728).

          Comment

          • #6
            NapaPlinker
            Senior Member
            • Jun 2010
            • 965

            Originally posted by Oceanbob
            YOU..not dad, fill out this form:



            under 'ACQUIRED FROM' print your Dads name

            under 'HOW POSSESSION WAS OBTAINED' print GIFT FROM FATHER

            That's it. Send that form in with $19 total. The $19 fee covers any number of handguns from one to whatever....it's not $19 per handgun.

            Have fun. Thank your dad...

            By the way....Dad can give you a rifle just by handing it to you. No paperwork or registration required. (same for a shotgun)
            Thank you!
            Pew Pew Pew.

            Comment

            • #7
              jtmkinsd
              Senior Member
              • Mar 2010
              • 2352

              Originally posted by NapaPlinker
              Have A question... Im 18 and for christmas my dad wants to gift a Beretta to me. Anyways do i need to get an HSC for that to be legitmate?
              Is the firearm already his? or is he going to buy it, then do an intrafamilial transfer. In either case, you need an HSC card:

              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.
              Originally posted by orangeglo
              Welcome to failtown, population = you.

              Comment

              • #8
                Swift Justice
                Senior Member
                • Jan 2009
                • 600

                I just did an interfamilial gift to my son. There is no spot on the form to list an HSC number or an exemption (i.e. current PC832 certificate, which he has). I sent in the form and paid the money - he got a letter from DOJ saying the handgun was now in his name and I got a letter from DOJ saying it was now out of my name (also sent in a no longer in possession form for me.)
                Slow justice is no justice.

                I was shooting a Glock when shooting a Glock wasn't cool.

                Comment

                • #9
                  Mssr. Eleganté
                  Blue Blaze Irregular
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 10401

                  Here's the actual Penal Code section that says you need to have an HSC before receiving a handgun as a gift from your parent...


                  (1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not 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.

                  (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.

                  (3) As used in this subdivision, "immediate family member" means any one of the following relationships:
                  (A) Parent and child.

                  (B) Grandparent and grandchild.
                  __________________

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

                  Comment

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