Gifting a handgun question (new info added)

[tankerman]

If I give my brother one of my pistols does do we need to do a PPT?

See post #10 for added info/questions

[freakshow10mm]

Yes.

[Shane916]

If I give my brother one of my pistols does do we need to do a PPT?

Yes dealer PPT.

[tiko]

He needs HSC and background check also right?

[Shane916]

He needs HSC and background check also right?

Correct. $35 . DROS/4473 . Valid CA ID/DL (No PO Box). Second proof of residency and lock.... and a right thumb!

[bplvr]

Has the law on this changed recently? In the late '90s my wife got a "gift pistol" from her brother and it seemed that back then an intra-family transfer was ok . It was just in the very immediate family ,did not extend to cousins and ex-wifes nephews.

[Librarian]

Has the law on this changed recently? In the late '90s my wife got a "gift pistol" from her brother and it seemed that back then an inter-family transfer was ok . It was just in the very immediate family ,did not extend to cousins and ex-wifes nephews.

That's 'intRA', within family.

Doesn't extend to brothers, either.

http://www.calguns.net/calgunforum/showthread.php?t=124237

[bplvr]

That's 'intRA', within family.

Doesn't extend to brothers, either.
http://www.calguns.net/calgunforum/s...d.php?t=124237

The thread that was attached mentions a Hand Gun Safety Certificate.
My study guide for same is from 2004 NOT 1996 ,which is when the transfer took place.
I changed the 'inter ' to ' intra' to please you . Now please me by posting the law as it applied in 1996.

[Librarian]

The thread that was attached mentions a Hand Gun Safety Certificate.
My study guide for same is from 2004 NOT 1996 ,which is when the transfer took place.
I changed the 'inter ' to ' intra' to please you . Now please me by posting the law as it applied in 1996.

I believe the last change to that part of the law was 1990. Drop by your local library and check with West's Annotated California Codes - my Lexis connection is down for the weekend.

And 'pleasing me' is irrelevant - using the correct term is helpful when referring to legal minutiae.

ETA Lexis came back.

It (DEERING'S CALIFORNIA CODES ANNOTATED, THROUGH 2007-2008 THIRD EXTRAORDINARY SESSION CH. 7 AND CH. 765 OF THE 2008 REGULAR SESSION APPROVED 11/14/08) says, referring to 12078

1994 Amendment (Ex Sess):

In addition to making technical changes, (1) substituted "a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person" for "firearms" in subd (c)(1); (2) added subd (c)(2); (3) redesignated former subd (c)(2) to be subd (c)(3);

[That change made (c)(1) long guns only, added the separate (c)(2) for handguns and added the paper requirement.] So, the (c)(3) 'immediate family' definition pre-dated 1994, which pre-dates the 1996 transfer you describe. No changes to (c)(3) through the data in Lexis

1990 was the year of the legislation (AB 497,Connelly) requiring transfers to go through FFLs; 12078 is an exception to that requirement.

[tankerman]

OK, let's take it one step further.

A brother, gives a pistol to his brother. Both live in Arizona.

Much later the brother (gun recipient) give the pistol to his daughter, who lives in California.

Now what?

[ke6guj]

Much later the brother (gun recipient) give the pistol to his daughter, who lives in California.

Brother ships handgun to daughter's local dealer (who is willing to receive a shipment from a private party, or brother uses an AZ FFL to ship to the CA FFL. CFLC approval also needed if FFL to FFL). Daughter goes to local dealer to have it transfered to her. The local dealer can charge whatever fee he wants to. If Handgun is not on the Roster, a letter from her father stating that it is a gift is a good idea so that the dealer can DROS it as a roster-exempt transaction.

[gunboat]

Is the gun registered?

[tankerman]

Is the gun registered?

Yes, in California.

Brother ships handgun to daughter's local dealer (who is willing to receive a shipment from a private party, or brother uses an AZ FFL to ship to the CA FFL. CFLC approval also needed if FFL to FFL). Daughter goes to local dealer to have it transfered to her. The local dealer can charge whatever fee he wants to. If Handgun is not on the Roster, a letter from her father stating that it is a gift is a good idea so that the dealer can DROS it as a roster-exempt transaction.

Why does it have to be shipped? Can't father deliver the pistol to his daughter?

So regardless of the relationship father to daughter they would still have to go through DROS?

[ke6guj]

Why does it have to be shipped? Can't father deliver the pistol to his daughter?

It has to go through a CA FFL. THe father can deliver the pistol to the CA FFL and not ship it. But he can't just give it to his daughter. FED law prohibits transfers of firearms between unlicensed individuals of different states.

So regardless of the relationship father to daughter they would still have to go through DROS?

Yes, to satisfy FED law. CA doesn't care and will tell you to just file an intrafamily/oplaw form. That covers CA law, but does not cover the unlicensed transfer across state lines.