Intrafamilial transfer question

[JC Smith]

Does anyone know how long this takes? I want to give my daughter one of my 1911s. She has her FSC and we did the paperwork and sent in the $19 check over a month ago. The check is still outstanding. You'd think they would have at least deposited the check. I'm a little concerned it got lost in the mail.

[pacrat]

Does anyone know how long this takes? I want to give my daughter one of my 1911s. She has her FSC and we did the paperwork and sent in the $19 check over a month ago. The check is still outstanding. You'd think they would have at least deposited the check. I'm a little concerned it got lost in the mail.

The OPLAW form, aka DOJ form 4454A. Only records an event that already took place and charges you for making record of the event.

Your gift to her was/is a done deal as soon as you hand it to her. As to the letter of acknowledgement commemorating the done deal. Can take MANY months.

It didn't get "lost in the mail". It got lost in the septic tank known as Sac-O-Crapmento DOJ.

[Librarian]

Cashing the check is probably the first thing you'll notice. As pacrat notes, not a very quick response these days.

Other than some administrative things - local issuing agency wants the gun recorded in her name before can add it to CCW, for example - not much need for the response.

[Spanky8601]

I did one at the beginning of the year. Check cashed about the beginning of May. Still have not received the letter from DOJ.

[Epaphroditus]

Fill out the form, hand her the gun then mail form with check. Done.

[Yodaman]

The OPLAW form, aka DOJ form 4454A. Only records an event that already took place and charges you for making record of the event.

Your gift to her was/is a done deal as soon as you hand it to her. As to the letter of acknowledgement commemorating the done deal. Can take MANY months.

It didn't get "lost in the mail". It got lost in the septic tank known as Sac-O-Crapmento DOJ.

People keep saying that but that not true, it's not a simple recording of a transaction. DOJ will run an eligibility check to posses firearms. Pass, you get the confirmation of ownership.

If for some reason they don't, then you gave someone a gun that they can't own.


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[nitroxdiver]

Does anyone know how long this takes? I want to give my daughter one of my 1911s. She has her FSC and we did the paperwork and sent in the $19 check over a month ago. The check is still outstanding. You'd think they would have at least deposited the check. I'm a little concerned it got lost in the mail.

Even the freaking ATF cashes form 4 checks faster than that. Government efficiency at its finest.


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[Librarian]

People keep saying that but that not true, it's not a simple recording of a transaction. DOJ will run an eligibility check to posses firearms. Pass, you get the confirmation of ownership.

If for some reason they don't, then you gave someone a gun that they can't own.

That's not what the PC says.

ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )


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.
...

(a)(3) tells us that the transfer has already occurred.

No part of that section says the transferee will get a document with 'confirmation of ownership'.

Background check, yes - and an ineligible might get a visit from the Armed Prohibited Persons squad.

[Yodaman]

That's not what the PC says.


(a)(3) tells us that the transfer has already occurred.

No part of that section says the transferee will get a document with 'confirmation of ownership'.

Background check, yes - and an ineligible might get a visit from the Armed Prohibited Persons squad.

It says it right on the form.


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[kwsr166]

It says it right on the form.


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I read it as instant and IF you fail, you will relinquish.

From Part C declaration, that the new owner signs,

"I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I expressly authorize the Department of Justice to perform firearms eligibility checks of all relevant state and federal databases, including the Federal Bureau of Investigation's National Instant Criminal Background Check System. I also understand that if I currently possess or own firearms and the results of this check reveal that I am ineligible either to lawfully possess or purchase firearms, I must relinquish any and all firearms in my possession."

[MarikinaMan]

On average for me, 2-4 months.

Ive done a few in the last 10 years.

[tawadc95]

10/31/20- 5/27/21 for me.

[JC Smith]

Thanks for all the replies. I feel a little better now about the check not being cashed. I'm not worried about my daughter not passing a background check so once the check gets cashed I'll be happy.

[GreggieBoy]

Did one in October 2020. Checked cleared in late November 2020. Confirmation letter just arrive Saturday (6/12/2021).

In other words "slowly".

[JC Smith]

Thanks, GreggieBoy. I'll be happy once the check clears. No need to wait for the confirm letter.