Intrafamilial Transfer instead of Trust?

[M76]

Calguns

I want to ensure my offspring gets my firearms, would it make sense to complete an Intrafamilial Transfer instead of setting up a trust? I would basically transfer my collection, and keep it in storage until I pass or offspring has a place to securely store and keep for themselves. I understand I cannot use transferred firearms for HD or SD in general, I'd keep some (not transferred) for my own.

I don't "trust" CA laws, is this a feasible workaround?

Thanks

[onelonehorseman]

Good question. I'm sure one of the legal eagles will be able to answer that easily.

. . .Might get more response in one of the legal forums?

[Quiet]

Calguns

I want to ensure my offspring gets my firearms, would it make sense to complete an Intrafamilial Transfer instead of setting up a trust? I would basically transfer my collection, and keep it in storage until I pass or offspring has a place to securely store and keep for themselves. I understand I cannot use transferred firearms for HD or SD in general, I'd keep some (not transferred) for my own.

I don't "trust" CA laws, is this a feasible workaround?

Thanks

Since 01-01-2014, the minimum age for an intra-familial transfer (bequest/gift) is 18. [PC 27875(a)(5)]


Penal Code 27875
(a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
(1) The transfer is infrequent, as defined in Section 16730.
(2) The transfer is between members of the same immediate family.
(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, 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 reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
(5) The person receiving the firearm is 18 years of age or older.

[M76]

Anybody recommend this? Appreciate the advice, thanks.

[jeremiah12]

I would not recommend this unless you actually transfer possession of the firearms at the same time the OPLaw form is filed. Remember, registration is about possession and not ownership. If you loan a gun, it still has to go through a FLL.

I am having this issue with my dad. A few years ago he decided to divide up his collection between my brother and myself. He wanted us to do the OPLaw form and get confirmation before he would give us the guns. My brother got his.

I did the paperwork, got the confirmation and took it to dad. He decided he did not want to part with his remaining guns just yet. No problem. A year ago, an issue came up with my FFL03 and I was contacted by the ATF. It turned out someone had been using my license number to buy C&R guns.

The guns my dad was to give me were C&R and were in my bound book. I needed them in my possession along with the few others I had purchased using my FFL03 when I met with the ATF to clear up the issue. My dad refused, he decided he wanted to keep the guns. We have always had a strained relationship. I said fine, but you have to do the OPLaw form. He refused because he does not have the FSC and believes he cannot pass it. He is in very poor health.

So I was put in a position of having to file a report with the ATF, the local PD, and the DOJ as to what happened. The issue is still being worked out. My dad is very angry because he discovered his arrests for domestic violence over 40 years ago which led to my parent's divorce recently were put in the computerized system. So he is now listed as an APP.

Rather than just handing the guns over to me and ending this situation, he will keep them until the police or ATF finally come knocking with warrants.

BTW, the guns he gave my brother are already melted down because my brother was arrested for and convicted of domestic violence.