Gifted Guns Need registered?

[1HogDog]

Does a gifted, probably antique firearm, (revolver, bolt rifle, small semi-auto pistol w less than 10 rounds) need to be registered in San Diego?

The firearms were in the attic of an elderly friend. Shipped to them by their father decades ago. I doubt they were ever registered in California.

The elderly friend says "just get rid of them for me, you can have them."

No assault rifles. A revolver. Bolt action rifle. 1 semi auto. All antiques.

Please advise. I would prefer not to drag them into a bunch of paperwork if possible as I think at that point they would probably just trash them.

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[Librarian]

Transfers in CA must be documented; in this case, 'elderly friend' must go with you to an FFL and do a private party transfer, PPT.

[gaberaynes]

So what your saying is that “there is nothing to see here move along”

[Mauserguy]

Would a pre-1895 rifle need to be transferred by an FFL?
Mauserguy

[Librarian]

Suggesting one avoid legal requirements is a violation of terms of membership at CALGUNS. Do Not Do

If the guns were actual antiques, 189something IIRC, no paper needed.

[Cokebottle]

Would a pre-1895 rifle need to be transferred by an FFL?
Mauserguy

Correct.
The issue is that they must be identified as true antiques by someone who knows what they are looking at.
Some guns were manufactured both before and after 1895, only the specific guns made after 1895 would be "paperless" transfers.
Compounding the problem is that long guns were not required to have serial numbers until 1968.

Revolver, even single action, is meaningless, as they are still made today, and there have been a LOT of modern replicas of pre-1900 guns made in the last 100 years. Replicas are not exempt.

The only thing paperless that is a "sure thing" are front stuffers.

[Quiet]

CA legal definition of an "antique firearm" varies depending on which CA laws are involved. [PC 16170]

For transfers without the use of a CA FFL dealer, that definition is the same as the Federal definition. [PC 16170(b)]



Penal Code 16170
(a) As used in Sections 30515 and 30530, “antique firearm” means any firearm manufactured before January 1, 1899.
(b) As used in Section 16520, Section 16650, subdivision (a) of Section 23630, paragraph (1) of subdivision (b) of Section 27505, and subdivision (a) of Section 31615, “antique firearm” has the same meaning as in Section 921(a)(16) of Title 18 of the United States Code.
(c) As used in Section 17700, “antique firearm” means either of the following:
(1) Any firearm not designed or redesigned for using rimfire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898. This includes any matchlock, flintlock, percussion cap, or similar type of ignition system or replica thereof, whether actually manufactured before or after the year 1898.
(2) Any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

18 USC 921
(a) As used in this chapter—
(16) The term “antique firearm” means—
(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica—
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or
(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term “antique firearm” shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

[1HogDog]

Will transfer w ffl. Thanks.

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