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  • dark45
    Member
    • Sep 2008
    • 217

    father to son transfer

    i am mostly concered with the pistols in this question but i was wondering how i would go about transferring a large amount of firearms from my father to myself. is there a limit on the number that can be transferred? and what is the charge per pistol and rifle? i am guessing around 30 or so pistols and 45 rifles give or take a few. what is the law on storage if i transfer them, i have looked into it for awhile and found nothing i feel comfortable in assuming in. is there anything i should know regarding what magazines i can have from his collection? i know allot about firearms just not the transfer laws. also is there anything that he might have pre ban i could have? im going to assume not. but what about after i become a LEO? thanks in advice.
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44677

    Originally posted by dark45
    i am mostly concered with the pistols in this question but i was wondering how i would go about transferring a large amount of firearms from my father to myself. is there a limit on the number that can be transferred? and what is the charge per pistol and rifle? i am guessing around 30 or so pistols and 45 rifles give or take a few. what is the law on storage if i transfer them, i have looked into it for awhile and found nothing i feel comfortable in assuming in. is there anything i should know regarding what magazines i can have from his collection? i know allot about firearms just not the transfer laws. also is there anything that he might have pre ban i could have? im going to assume not. but what about after i become a LEO? thanks in advice.
    Presuming (a) both of you are in CA and (b) no registered California 'assault weapons', he can just give you the long guns; that's PC 12078(c)
    (c) (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.
    No FFL, no paperwork.

    Handguns require paperwork:
    (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
    handgun safety certificate.
    (C) The person receiving the firearm is 18 years of age or older.
    Cheap:
    Individuals must submit this application with a fee of $19 in the form of a check or money order made payable to the Department of Justice, for 1 or more handguns ... If reporting more than three handguns, make and attach extra copies of this form to meet your reporting needs.
    Intrafamilial transfer is exempt from the Roster, so presuming again no California 'assault weapons', all the handguns can be transferred this way.

    The only tricky part is magazines - father can't transfer mags of 10+ capacity in CA.
    Last edited by Librarian; 10-01-2008, 4:49 PM.
    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!

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    • #3
      PonchoTA
      Senior Member
      • Aug 2007
      • 2289

      How about the transfer of a non-rostered handgun between father and son in different states?
      Is there a citation I can quote for that?

      Quemadmoeum gladuis neminem occidit, occidentis telum est.")
      - Lucius Annaeus Seneca, circa 45 AD

      sigpicNRA Life Member

      Comment

      • #4
        dark45
        Member
        • Sep 2008
        • 217

        thats waht i thought but i wasn;t compleatly sure. thank you. so the long guns i don't need to do anything for i can just take them? and all i have to do is fill out about ten of those handgun forms since they only have room for three each, along with only one payment of $19, then send that in? and as for the storage issue, do i have to have anything other then the padlocked hard cases my fatyher has them in now. some of the rifles have soft cases and some don't have antything at all. what is the minmum legal state i can store them in? i plan on selling a few to pay for a safe but untill then i want to remain 100% legal. i think i read somewhere that the only time you have to have a trigger lock and so on is if your buying them new from a ffl, is that true? thanks again for all your help you guys.

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44677

          Storage is more of a preference thing; you need to be sure that minors can't get access. Other than that, your own needs re anti-theft, anti-fire are what rules.

          There is no legal requirement to keep trigger locks on anything.

          When buying from an FFL, locks are usually required - more in other threads.

          Transport for handguns requires a locked case if you don't care to carry it openly; transport for long guns requires a locked case or rack while transiting school zones. For most purposes, the locked trunk of your vehicle works, but for any extended 'in public' transport out of your vehicle a separate locked case is needed (again, if not open-carrying).
          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

          • #6
            CHS
            Moderator Emeritus
            CGN Contributor - Lifetime
            • Jan 2008
            • 11338

            Originally posted by dark45
            i plan on selling a few to pay for a safe
            DONT DO IT!!

            Just save up for when the inexpensive safes at turners or home depot go on sale. Keep the guns!
            Please read the Calguns Wiki
            Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
            --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

            Comment

            • #7
              dark45
              Member
              • Sep 2008
              • 217

              Yeah you are probably right in the fact I should not sell them. But there are so many and I would need a few safes to keep them all. But the women I doubt would like to have that many safes around the house. I mean the old lever action and the WWII collection alone is going to fill a safe each. Then there are the rest. The big safes im looking at to fit all of them in are kind of expensive. To the point where I might have to sell some of them as much as I would hate to. But we do have quite a few doubles and triples of the same gun, just different style and finish. Have three anacondas I keep asking myself do I need three anacondas? I know some people would love an anaconda especially one of the 2 that have never been fired I will be getting. And I need a safe to keep this insane collection locked up.

              And actually I do remember buying some of the mags with my father. I just figured since he was the one that actually paid for them either along with his or he went to go pick them up after I gave him money to pick up a few extra that I wouldn’t be able to ask for the “hi cap“ and regular cap mags, And at the time of some of them being bought I being a minor, would have no legal claim to them. Which is going to mean im going to have to buy allot of new mags for a few of the pistols and rifles.

              Comment

              • #8
                DMCA
                Member
                • Sep 2008
                • 142

                Originally posted by dark45
                thats waht i thought but i wasn;t compleatly sure. thank you. so the long guns i don't need to do anything for i can just take them? and all i have to do is fill out about ten of those handgun forms since they only have room for three each, along with only one payment of $19, then send that in? and as for the storage issue, do i have to have anything other then the padlocked hard cases my fatyher has them in now. some of the rifles have soft cases and some don't have antything at all. what is the minmum legal state i can store them in? i plan on selling a few to pay for a safe but untill then i want to remain 100% legal. i think i read somewhere that the only time you have to have a trigger lock and so on is if your buying them new from a ffl, is that true? thanks again for all your help you guys.
                I just did this type of transfer with the DOJ and it was $19 per gun. At least, they cashed the check I sent and sent a separate "receipt" for each gun transferred.

                Comment

                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  Originally posted by DMCA
                  I just did this type of transfer with the DOJ and it was $19 per gun. At least, they cashed the check I sent and sent a separate "receipt" for each gun transferred.
                  There are CADOJ registration forms that are $19 per handgun, but not the op-law/intr-familial handgun form states that the processing fee is $19 for 1 or more handguns. http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf


                  Individuals must submit this application with a fee of $19 in the form of a check or money order made payable to the Department of Justice, for 1 or more handguns, to:
                  Department of Justice
                  Bureau of Firearms - OL
                  P.O. Box 820200
                  Sacramento, CA 94203-0200
                  Complete all required information. Incomplete applications will be returned without processing. If reporting more than three handguns, make and attach extra copies of this form to meet your reporting needs
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    DMCA
                    Member
                    • Sep 2008
                    • 142

                    Originally posted by ke6guj
                    There are CADOJ registration forms that are $19 per handgun, but not the op-law/intr-familial handgun form states that the processing fee is $19 for 1 or more handguns. http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf
                    I used this one, so they have $57 of my money - they'll pay!

                    Comment

                    • #11
                      dark45
                      Member
                      • Sep 2008
                      • 217

                      Originally posted by ke6guj
                      There are CADOJ registration forms that are $19 per handgun, but not the op-law/intr-familial handgun form states that the processing fee is $19 for 1 or more handguns. http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf


                      yeah thats what Librarian said few posts up. i sure hope it dosnt cost 19 per. that would cost about 570, im not sure on the exact number of pistols he has as of now. hopfuly this works out, any advice where to get definate answer? cause i rather not send that in then be stuck with a bill that large when im already having to wait for a safe to store them all in. anyone actualy transfer from their father to themself with more then three handguns?

                      Comment

                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44677

                        Originally posted by DMCA
                        I used this one, so they have $57 of my money - they'll pay!

                        http://ag.ca.gov/firearms/forms/pdf/volreg.pdf
                        Yep, that one and the personal handgun importer form are $19 each.

                        Download the forms, read the instructions - instructions with the forms are as definitive as can be.
                        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

                        • #13
                          Quiet
                          retired Goon
                          • Mar 2007
                          • 30242

                          Originally posted by dark45
                          yeah thats what Librarian said few posts up. i sure hope it dosnt cost 19 per. that would cost about 570, im not sure on the exact number of pistols he has as of now. hopfuly this works out, any advice where to get definate answer? cause i rather not send that in then be stuck with a bill that large when im already having to wait for a safe to store them all in. anyone actualy transfer from their father to themself with more then three handguns?
                          Since, you're transfering handguns from your dad to yourself use the REPORT OF OPERATION OF LAW OR INTRA-FAMILIAL HANDGUN TRANSACTION form.

                          It'll cost you $19 total.
                          You need to send in your payment with the form.

                          Read the instructions.
                          If you are listing more than 3 handguns, make additional copies of the form to list all the handguns, attach them all together and send them in with your $19 check/money order payment.
                          sigpic

                          "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

                          Comment

                          • #14
                            dark45
                            Member
                            • Sep 2008
                            • 217

                            Originally posted by Quiet
                            Since, you're transfering handguns from your dad to yourself use the REPORT OF OPERATION OF LAW OR INTRA-FAMILIAL HANDGUN TRANSACTION form.

                            It'll cost you $19 total.
                            You need to send in your payment with the form.

                            Read the instructions.
                            If you are listing more than 3 handguns, make additional copies of the form to list all the handguns, attach them all together and send them in with your $19 check/money order payment.


                            yeah i got that, im glad everyone here is no outgoing with helping people with stuff. im actualy suprised how cheep and easy it all is.

                            i had another question. if i do trasnfer them and lets say i don't pass the check they do. and i did or did not take the guns. it says i have to get rid of all the guns i have. now can i give them back to my father or just leave them with my father. or do i have to give them all up. should i go and buy a fire arm first then see if i pass that background check? i only have one thing on my record when i was a kid and as far as i seen it wasn't anything on the list of misdeminors list. but i don't know if other things would keep me from it for some weird reson or somthing i don't know. and would buying a firearm be proof enough that i would pass the check they do? i know of the form i can fill out to have them do the check for me but i need a notary public and 19 bucks. and it could take up to 120days to finish. but is that the only way to definatly know i can pass it?

                            Comment

                            • #15
                              Librarian
                              Admin and Poltergeist
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 44677

                              Originally posted by dark45
                              yeah i got that, im glad everyone here is no outgoing with helping people with stuff. im actualy suprised how cheep and easy it all is.

                              i had another question. if i do trasnfer them and lets say i don't pass the check they do. and i did or did not take the guns. it says i have to get rid of all the guns i have. now can i give them back to my father or just leave them with my father. or do i have to give them all up. should i go and buy a fire arm first then see if i pass that background check? i only have one thing on my record when i was a kid and as far as i seen it wasn't anything on the list of misdeminors list. but i don't know if other things would keep me from it for some weird reson or somthing i don't know. and would buying a firearm be proof enough that i would pass the check they do? i know of the form i can fill out to have them do the check for me but i need a notary public and 19 bucks. and it could take up to 120days to finish. but is that the only way to definatly know i can pass it?
                              If you're really concerned about passing the background check, the PFEC is likely the right way to go. A prohibited person "who owns, purchases, receives, or has in his or her possession or under his or her custody or control any firearm is guilty of a felony." (PC 12021) A purchase is an act which need not be completed successfully, but as far as I can see, only in 12021(g) is 'attempt to purchase' called out as a specific criminal act.

                              12021 is much too complicated - PFEC or your own lawyer are the answers if you have reason to believe you may have a problem.
                              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!

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