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Unregistered handguns and age of owner?

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  • locosway
    I need a LIFE!!
    • Jun 2009
    • 11346

    Unregistered handguns and age of owner?

    What year did CA require handguns to be registered when they're intrafamily transfered?

    Also, what's the legal age an intrafamily transfer can occur, is it 18?
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  • #2
    FS00008
    Senior Member
    • May 2008
    • 1975

    Dunno about the registration thing.


    Yes it's 18.
    "No posts of mine on Calguns are to be construed as
    legal advice, which can only be given by a lawyer."

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    • #3
      para38super
      Senior Member
      • Sep 2008
      • 614

      I beleive is was Jan 1991

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      • #4
        locosway
        I need a LIFE!!
        • Jun 2009
        • 11346

        So, say a grandfather gave their grandson whom they were like a father to (living with etc), a handgun before they were 18 (1990) but retained possession until they turned 18 (1999), and the handgun was never registered.

        I suppose it wasn't a legal transfer and would need to be done again and have the handgun be registered to be legal?

        Also, what if the handgun is a C&R?
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        • #5
          ar15barrels
          I need a LIFE!!
          • Jan 2006
          • 57093

          Originally posted by locosway
          So, say a grandfather gave their grandson whom they were like a father to (living with etc), a handgun before they were 18 (1990) but retained possession until they turned 18 (1999), and the handgun was never registered.
          I'm pretty sure intra-family transfers have to be direct blood relatives within 1 generation.
          Father-Son, Father-Daughter, Mother-Son or Mother-Daughter.

          "Like a Father" is not even a blood relative...

          There's no registration excemption for C&R.

          Then there's this:

          Sales or Transfers of Firearms or Related Devices to Minors
          I don't think you can claim ownership of something you were not allowed to possess at the time you claim ownership.
          Last edited by ar15barrels; 10-23-2009, 4:14 PM.
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          • #6
            locosway
            I need a LIFE!!
            • Jun 2009
            • 11346

            I guess I should do an intrafamily transfer with my mother.
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            • #7
              Quiet
              retired Goon
              • Mar 2007
              • 30241

              Originally posted by ar15barrels
              I'm pretty sure intra-family transfers have to be direct blood relatives within 1 generation.
              Father-Son, Father-Daughter, Mother-Son or Mother-Daughter.

              "Like a Father" is not even a blood relative...
              It can be more than 1 generation.

              Penal Code 12078
              (c)(1) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a firearm that is not a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family.
              (2) Subdivision (d) of Section 12072 shall not apply to the infrequent transfer of a handgun by gift, bequest, intestate succession, or other means by one individual to another if both individuals are members of the same immediate family and all of the following conditions are met:
              (A) The person to whom the firearm is transferred shall, within 30 days of taking possession of the firearm, 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 paragraph shall be provided to them by the Department of Justice.
              (B) The person taking title to the firearm shall first obtain a basic firearms safety certificate. If taking possession on or after January 1, 2003, the person taking title to the firearm shall first obtain a handgun safety certificate.
              (C) The person receiving the firearm is 18 years of age or older.
              (3) As used in this subdivision, "immediate family member" means any one of the following relationships:
              (A) Parent and child.
              (B) Grandparent and grandchild.
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              • #8
                locosway
                I need a LIFE!!
                • Jun 2009
                • 11346

                I still would have to be 18 at the time to receive it, which I wasn't. So, in 1999 when I turned 18 I would have needed to do a intrafamily per the DOJ and have it registered.

                So, I guess now I should do the intrafamily and register it, even though I'd rather not register it if I don't need to.
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                • #9
                  AJAX22
                  I need a LIFE!!
                  • May 2006
                  • 14980

                  I was given legal title to my grandfathers pistol when I was six or so.

                  He said "this is yours, I'll store it for you till your older, but its yours now you own it"

                  If they want to prosecute my grandfather for giving me his pistol while I was underage they are welcome to try.... last I looked the CA DOJ didn't have jurisdiction in the afterlife.

                  If they want to come after ME for failing to register the pistol that I was given when I was six, I hope they've got a shovel and a strong back... they'll have a hell of a time finding it to prove that it even exists.... I greased it down, packed it up and buried it properly for future generations to own unencumbered. Somehow I think grandpa would approve.
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                  • #10
                    mmartin
                    Senior Member
                    • Aug 2009
                    • 951

                    Originally posted by Quiet
                    It can be more than 1 generation.

                    Penal Code 12078
                    (3) As used in this subdivision, "immediate family member" means any one of the following relationships:
                    (A) Parent and child.
                    (B) Grandparent and grandchild.
                    and for compeleteness in this reference... althought not called out here, husband-wife works the same way, using the same form (based on property law, transfer of property between spouses).

                    megan
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                    • #11
                      locosway
                      I need a LIFE!!
                      • Jun 2009
                      • 11346

                      I have the 1911, and I'm 28. My grandpa is still alive, but he gave it to me some years ago.

                      It's currently not registered, so I'm unsure if I should do the intrafamily transfer now, or just leave it alone and keep it how it is.
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