Father to Son transfer

[crossed eyed]

Hi fellow Calguns members, new member here. My Father has 2 handguns which he is going to give me. Both were purchased in 1991 or '92, a Beretta 92FS (Italy) and a Colt .357 King Cobra. I have the transfer form ready to be mailed to the CA DOJ. Last night I asked the LGS how much they charge for the transfer. She said to just go to the DOJ website and print the form and mail in the $19 fee, no need to do the PPT since it's a father to son transfer. She also said I don't have to get the Handgun Safety Certificate, it's only needed if it's a purchase of a handgun, which I understand.
Do I still need to get the Handgun Safety Certificate for this transfer? Thank you in advance.

[jkody]

yes, I believe they check now and included a spot for the HSC number on the form. To avoid any issues, you should make sure you have a valid HSC.

[sprig]

Yes on the HSC card being needed.

Wonder if that counts as one of your 5 seller handgun transactions of the calander year?

[crossed eyed]

jkody, that's what I was thinking too, I would have to take the handgun safety test because there is a spot asking for it.
Thanks for the input fellas.

[N23]

I was going to do the same for the pistols my dad wants to give me. Thanks for the heads up regarding the hsc although I didn't see it on the form where it was required.

[Quiet]

The Report of Operation of Law or Intra-Familial Handgun Transaction form was revised January 2012.

Part of the revision added a section for the Handgun Safety Certificate (HSC).

[Jon0807]

In the DOJ website FAQ

http://oag.ca.gov/firearms/hscfaqs#a13

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 for this purpose on this website.

[Quiet]

Wonder if that counts as one of your 5 seller handgun transactions of the calander year?

Yes it does.

Transaction = any type of transfer

But, remember a single transaction can be multiple handguns.

Example:
Parent gifting their child two handguns at the same time is one transaction.

Per CA law [PC 26505(a)], operation of law is exempt and I now believe that also includes intra-familial transfers (since they use the same CA DOJ form).

Someone correct me if I'm wrong.


Penal Code 26505
Section 26500 does not apply to the sale, lease, or transfer of any firearm by any of the following:
(a) A person acting pursuant to operation of law.

[sprig]

Hmm, so do I read no more 5 seller transactions or that family ones dont count? Sorry I am not to brite.....

[Quiet]

Hmm, so do I read no more 5 seller transactions or that family ones dont count? Sorry I am not to brite.....

Operation of law/intra-familial transfers are not included in the 5 handgun transaction limit.

[sprig]

Wonderful, ty

[Sakiri]

If they charge anything to do the transfer I'd guess they'd be limited to the dealer fee of 10 bucks no?

Also, have your dad write up a note in the package that says something along the lines of "I, <name> and gifting my son <name> these handguns, a <model> and <model>.

Sign, date maybe. Not sure if it's required but I was once told(think I saw it on a site too, might even have been Calguns here) just to note that it's a gift.

More safe than sorry imo.

[Loopwell]

Can the OP or anyone for that matter transfer multiple handguns at once without the 30 day waiting period given the same intrafamily circumstances?

[Quiet]

Can the OP or anyone for that matter transfer multiple handguns at once without the 30 day waiting period given the same intrafamily circumstances?

If a CA FFL dealer is involved, then the 1 in 30 day wait applies.
A CA FFL dealer must be involved if one of the parties is a non-resident of CA.

If a CA FFL dealer is not involved, then the 1 in 30 day wait does not apply.
If all parties involved are CA residents, then no CA FFL dealer is needed.

[five.five-six]

Father to Son transfer

IMO, you should have to have a background check and a 10 day wait too.