DROS question family transfer

[Frank_5.0]

Hi quick question on doing a ppt on a rifle I got from my dad. If it was purchased by him as a lower and then it was built as a rifle and is given to me. Am I right in thinking I can sell it through a ppt and nothing will happen because long guns from family don’t need paperwork? Or will a problem come up? Thank you

Edit: rifle is fixed mag btw

[SkyHawk]

When did he buy the lower, what year? At some point long guns from direct family started requiring paperwork.

[Frank_5.0]

When did he buy the lower, what year? At some point long guns from direct family started requiring paperwork.

Bought it before the cutoff for bullet button weapons. I wanna say it was 2016? I turned 18 2017 which was when it went from his safe to mine

[Cokebottle]

Bought it before the cutoff for bullet button weapons. I wanna say it was 2016? I turned 18 2017 which was when it went from his safe to mine

If it still has a bullet button and has features, it was not eligible for transfer, and was not eligible for transfer to you in 2017.

[Frank_5.0]

If it still has a bullet button and has features, it was not eligible for transfer, and was not eligible for transfer to you in 2017.

Was fixed mag when given to me

[Frank_5.0]

Can I give a firearm to my adult child? Can he/she give it back to me later?
Yes, as long as the adult child receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess (e.g., not an assault weapon). The transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement.


Been going off this quote from oag.ca.gov, my concern is with it was from a lower not full rifle when he got it

[Cokebottle]

They are exempt from FFL transfer, but they do require filing an OpLaw form with the DOJ.


The specific configuration doesn't matter, just whether it is legal to transfer.
By "fixed mag" I assume you mean that the magazine can not be removed without breaking the upper open.

[SkyHawk]

Bought it before the cutoff for bullet button weapons. I wanna say it was 2016? I turned 18 2017 which was when it went from his safe to mine

Then that required you to have a firearms safety certificate and to file an OPLAW form with DOJ. So yes, there could be an issue if you sell it now.

Can I give a firearm to my adult child? Can he/she give it back to me later?
Yes, as long as the adult child receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess (e.g., not an assault weapon). The transfer of a firearm between a parent and child or a grandparent and grandchild is exempt from the dealer transfer requirement.


Been going off this quote from oag.ca.gov, my concern is with it was from a lower not full rifle when he got it

It did not require a dealer to transfer but it *did* require you have FSC and to file paperwork and pay $19. Stripped lower or complete does not matter, the rule for selling stripped lowers to people 21yrs+ of age only applies to dealers.

Assuming the rifle is a current definition fixed mag, the only problem you have is you failed to file the required paperwork.

[Frank_5.0]

They are exempt from FFL transfer, but they do require filing an OpLaw form with the DOJ.


The specific configuration doesn't matter, just whether it is legal to transfer.
By "fixed mag" I assume you mean that the magazine can not be removed without breaking the upper open.

Yes 33.3 tactical kit

[Frank_5.0]

[SkyHawk]

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=27585.&lawCode=PEN

27875. Section 27545 does not apply to the transfer of a handgun,
and commencing January 1, 2014, any firearm, by gift, bequest,
intestate succession, or other means from one individual to another,
if all of the following requirements are met:
(a) The transfer is infrequent, as defined in Section 16730.
(b) The transfer is between members of the same immediate family.
(c) Within 30 days of taking possession of the firearm, the person
to whom it is transferred shall 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 section shall be provided to them by the Department
of Justice.
(d) The person taking title to the firearm shall first obtain a
handgun safety certificate, if the firearm is a handgun.
(e) The person receiving the firearm is 18 years of age or older.

[SkyHawk]

Ok thank you both for the info I’ll just have him transfer it and have it back in his possession.

Just get a FSC and fill out/mail the form and be done with it. Then you are good to go.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

[Frank_5.0]

Just get a FSC and fill out/mail the form and be done with it. Then you are good to go.
https://oag.ca.gov/sites/all/files/a...orms/oplaw.pdf

[Chewy65]

So you are going to expose your Pops to further criminal liability?

[Cokebottle]

So you are going to expose your Pops to further criminal liability?

The paper trail would be clean, which, aside from this thread, provides the only evidence that could be used against either of them.
There is no way to un-do the previous unlawful transfer.

Personally, I would just PPT the thing myself rather than do another unlawful transfer.