How Do Transfers Between Spouses Work?

[omgwtfbbq]

Hey there, If this should go in the "How the Law Applies to Me" section, please move accordingly.

I'm in the market to get a small-frame semi-auto pistol. I want one myself for range training and off-duty carry (LEO) and for my wife to shoot and train with as she has expressed interest in eventually getting her CCW permit.

The dilemma is that I would like to purchase the gun myself and use it for my needs and she can train with it until she decides to get her CCW. Then we can have the pistol transferred into her name so it can legally be applied to her permit.

For spouses, does a new PPT need to be done at an FFL or is the DOJ intrafamiliar transfer form and $19 fee sufficient?

[tnlrat37]

I just did this, oplaw form and 19$. Took about a month to get paperwork back. However you can use spouses firearms in certain counties for CCW so you might not even need to unless you want. She will need FSC though.

[AreWeFree]

It's my understanding that you share property, just as in every other case, and can "transfer" firearms by literally handing the gun to your spouse.

For CCW, ask your IA if the specific firearm can be added to both of your licenses, since you both own it.

[OlderThanDirt]

From the DOJ:

[Librarian]

It's my understanding that you share property, just as in every other case, and can "transfer" firearms by literally handing the gun to your spouse.

You should consult a lawyer on your understanding; California and Federal laws do not provide for more than one specific owner for a gun. The intersection between 'community property' and 'gun ownership' is not well explored.

As already noted, if the actual transfer of title is desired, the OPLAW form is the California mechanism.

For CCW, ask your IA if the specific firearm can be added to both of your licenses, ...

Some IAs do allow that.

[omgwtfbbq]

From the DOJ:

Excellent. I thought the $19 dollar form was the right one but I wanted to make sure.

For CCW, ask your IA if the specific firearm can be added to both of your licenses, since you both own it.

I carry off-duty under my Peace Officer Status not needing a CCW license. I can carry whatever gun I want as long as it is legal and I own it or have the owner's permission to carry it.

Which brings up an interesting question: If I buy an off-roster handgun and end up INTRA-ing it to my wife, I think I'm still kosher, but not sure.

I'm not going to buying it for the purpose of transferring it to her. I'm buying it for me, but if my wife ends up liking it and wanting to use it for her CCW, I'd like to be able to transfer it her. If that's too close to a straw purchase I will have to consider on-roster guns only (I was looking at the G43 or a Gen4 G26).

[SkyHawk]

If your agency doesn't have a policy against it, you are perfectly legal to buy an off roster pistol for your wife as a gift. The ATF 4473 form says you are the actual buyer and transferee if you are buying the firearm as a gift, you are not a straw purchaser in that scenario.

[omgwtfbbq]

No policy against it. I just remember the Sac County Deputies who got popped for selling off their off-roster guns. I figured giving it to her was okay but I want to make sure I'm keeping it as legal as possible.

[AreWeFree]

You should consult a lawyer on your understanding; California and Federal laws do not provide for more than one specific owner for a gun. The intersection between 'community property' and 'gun ownership' is not well explored.

As already noted, if the actual transfer of title is desired, the OPLAW form is the California mechanism.



Some IAs do allow that.

Duly noted, and good advice. [un]fortunately I don't have this specific problem