Intra familial transfer question

[nyla]

A friend of mine's parents have some guns that they acquired from a friend of theirs back in 1997-2001. The guns were given to them without any sort of transfer at an FFL and have never been registered/reported to the DOJ. The friend who owned the guns passed away and I believe he willed them to my friends parents. The guns in question include hand guns and long guns and I believe they are all CA compliant as far as the AW ban goes.

My friends father wants to give the guns to him but is unsure how to do so. Will a standard intra-familial transfer form on CFARS be enough? I am not sure when the gun registration came into play so I am unsure if a red flag will pop up with the DOJ when they see those serial numbers come up.

If not, what is the best process to legally get those guns into my friends hands?

Also, sorry if this isn't the right place to post.

[Librarian]

A friend of mine's parents have some guns that they acquired from a friend of theirs back in 1997-2001. The guns were given to them without any sort of transfer at an FFL and have never been registered/reported to the DOJ. The friend who owned the guns passed away and I believe he willed them to my friends parents. The guns in question include hand guns and long guns and I believe they are all CA compliant as far as the AW ban goes.

My friends father wants to give the guns to him but is unsure how to do so. Will a standard intra-familial transfer form on CFARS be enough?

Short answer - YES, presuming friend lives in CA.

I am not sure when the gun registration came into play so I am unsure if a red flag will pop up with the DOJ when they see those serial numbers come up.

Longer answer: not all guns are known to CADOJ and that's legal. Generally, ownership by a seller is not even checked because so many are not 'registered'.

Failing to use an FFL for transfer is a misdemeanor; we don't hear of such charges much (not never, but it's really uncommon outside a collection of other criminal charges).

[onelonehorseman]

Librarian, if the parent (who owns the CA legally configured guns), and the son (to be the recipient) are both CA residents, can't the father just give the guns to the son, who must then VOLREG?

I seem to recall that if both are CA residents, a FFL transfer is not required for intrafamilial transfer.

[motox917]

Librarian, if the parent (who owns the CA legally configured guns), and the son (to be the recipient) are both CA residents, can't the father just give the guns to the son, who must then VOLREG?

I seem to recall that if both are CA residents, a FFL transfer is not required for intrafamilial transfer.

You are correct.

Maybe someone can answer my question along the same lines... Can my step-brother transfer an off roster pistol to me via intra-familial transfer? He lives in Nevada, but visits often.

[P5Ret]

Librarian, if the parent (who owns the CA legally configured guns), and the son (to be the recipient) are both CA residents, can't the father just give the guns to the son, who must then VOLREG?

I seem to recall that if both are CA residents, a FFL transfer is not required for intrafamilial transfer.

Not VOLREG, OPLAW. I believe he was talking about the initial transfer to the parent from a non-relative without utilizing a FFL.

You are correct.

Maybe someone can answer my question along the same lines... Can my step-brother transfer an off roster pistol to me via intra-familial transfer? He lives in Nevada, but visits often.

Nope, must be direct family under CA definition, parent's, grandparent's, or children. Siblings either direct or step won't work.

[nyla]

Longer answer: not all guns are known to CADOJ and that's legal. Generally, ownership by a seller is not even checked because so many are not 'registered'.

Failing to use an FFL for transfer is a misdemeanor; we don't hear of such charges much (not never, but it's really uncommon outside a collection of other criminal charges).

Thank you for the fast response! I will pass this on to my buddy.

Last question, since this a father-son transfer I assumed he would just need to fill out the online transfer form on CFARS. From some of the other posters it sounds like this is actually voluntary. Is this true?

[edgerly779]

Motox no. Your step brother not family for transfer only up or down. No in laws , brothers, cousins, uncles. No in laws.

[Undertaker]

I'm giving S&W Shield to my granddaughter. On the Intra-Familial transfer forms there isn't any place to enter my information or any question to our relationship. I'm going to fill out the info for the gun, give her the paperwork for her to complete her information and she can mail it to the CADOJ. Can I give her the gun at the same time or do I need to wait until the paperwork clears DOJ?

[Librarian]

Thank you for the fast response! I will pass this on to my buddy.

Last question, since this a father-son transfer I assumed he would just need to fill out the online transfer form on CFARS. From some of the other posters it sounds like this is actually voluntary. Is this true?

"Voluntary" only in the sense of 'no government agent is actually watching you, but failure to file would be a misdemeanor'. It's PC 27545 that requires using an FFL for a transfer,

Where neither party to the transaction holds a dealer's license issued pursuant to Sections 26700 to 26915, inclusive, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).

and PC 27875 that provides an exemption here

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.

The law does not specify CFARS, but that works, too.

[Librarian]

I'm giving S&W Shield to my granddaughter. On the Intra-Familial transfer forms there isn't any place to enter my information or any question to our relationship. I'm going to fill out the info for the gun, give her the paperwork for her to complete her information and she can mail it to the CADOJ. Can I give her the gun at the same time or do I need to wait until the paperwork clears DOJ?

Give her the gun. The form documents an already-occurred event.

When I gave a gun to my daughter, I also gave her the almost-complete OPLAW form and a $20 bill.

[Librarian]

Not VOLREG, OPLAW. I believe he was talking about the initial transfer to the parent from a non-relative without utilizing a FFL.

Yes, that's correct -

The guns were given to them without any sort of transfer at an FFL and have never been registered/reported to the DOJ.

- one presumes the 1997 transfer may have been done improperly.

[Quiet]

I'm giving S&W Shield to my granddaughter. On the Intra-Familial transfer forms there isn't any place to enter my information or any question to our relationship. I'm going to fill out the info for the gun, give her the paperwork for her to complete her information and she can mail it to the CADOJ. Can I give her the gun at the same time or do I need to wait until the paperwork clears DOJ?

Technically, the person receiving the firearm needs to fill out the paperwork and needs to submit it within 30 days of receiving the firearm. [PC 27875(a)(3)]

Report of Operation of Law or Intra-Familial Firearm Transaction (BOF 4544A)



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.

[Milsurp1]

Are you and your granddaughter both California residents Undertaker?

[qdx450]

i think someone is going to loose some guns.