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  • splashdown
    Member
    • Jun 2011
    • 104

    hand guns from 1909

    Ok, here is the issue.

    My buddies wife was given some hand guns from 1909 buy her father, they were originally her grandfathers.

    They recently brought them back from Wyoming.

    We keep getting conflicting answers to

    A. Do the hand guns need to be registered
    B. Can the husband take his wife's handguns to the range
    C. can the wife give them to the husband as they are married
    " Don't you ever stand for that sort of thing.
    Someone ever tries to kill you, you try to kill 'em right back."

    Captain Malcolm Reynolds
  • #2
    FourTenJaeger
    I need a LIFE!!
    • Oct 2010
    • 11540

    A: I believe so, but not 100% sure
    B: Yes
    C: Yes.
    Saturday Night Special Expert
    CGTS Captain and Founder
    Firearms Collector

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    • #3
      Mssr. Eleganté
      Blue Blaze Irregular
      CGN Contributor - Lifetime
      • Oct 2005
      • 10401

      On a federal level:

      If she and her father are residents of two different States then federal law requires that any firearms transfers between them go through an FFL. To avoid a violation of federal law the father would have to ship the handguns to a California FFL to be transfered to the daughter.

      On a California level:

      Yes, she needs to register them. Yes, her husband can borrow them for up to 30 days if he has an HSC. Yes, she can transfer them to her husband if he has an HSC and if he sends in the Op-Law handgun registration form to CalDOJ along with $19.
      Last edited by Mssr. Eleganté; 09-07-2012, 8:43 PM.
      __________________

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

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      • #4
        littlejake
        Senior Member
        • Aug 2008
        • 2168

        On a federal level:

        If she and her father are residents of two different States then federal law requires that any firearms transfers between them go through an FFL. To avoid a violation of federal law the father would have to ship the handguns to a California FFL to be transfered to the daughter.

        On a California level:

        Yes, she needs to register them. Yes, her husband can borrow them for up to 30 days if he has an HSC. Yes, she can transfer them to her husband if he has an HSC and if he sends in the Op-Law handgun registration form to CalDOJ along with $19.
        Life Member NRA and 2A Foundation.
        My posts are my own opinions and do not reflect those of any organization I am a member of.
        Nothing I post should be construed as legal advice; if you need legal advice, see a lawyer.

        "Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves."
        William Pitt (1759-1806)

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

          You are correct about intrafamilial transfers only being between generations, like father to son or grandmother to grandson. But a transfer between spouses is not considered an intrafamilial transfer. It's an operation of law transfer. The same form is used to report both intrafamilial and operation of law transfers. It's the "Report of Operation of Law or Intra-Familial Handgun Transaction" form.

          __________________

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

          Comment

          • #6
            morrcarr67
            I need a LIFE!!
            • Jul 2010
            • 15047

            On a federal level:

            If she and her father are residents of two different States then federal law requires that any firearms transfers between them go through an FFL. To avoid a violation of federal law the father would have to ship the handguns to a California FFL to be transfered to the daughter.

            On a California level:

            Yes, she needs to register them. Yes, her husband can borrow them for up to 30 days if he has an HSC. Yes, she can transfer them to her husband if he has an HSC and if he sends in the Op-Law handgun registration form to CalDOJ along with $19.
            There are questions not asked or answered here.

            Did Gramps just pass away? Are these an inheritance? Is she named in the Will? Is Pops working as the Executore of the Estate?
            Last edited by morrcarr67; 09-11-2012, 6:15 AM.
            Yes you can have 2 C&R 03 FFL's; 1 in California and 1 in a different state.

            Originally posted by Erion929

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