sorry

[j_octane]

test

[Vin496]

There is no Gray area here at all.

The AW ban has no effect on a semi auto shotgun with a pistol grip(as long as it has a fixed stock), and the 8 rounds is fine. I believe the limit is 10, but 8 rounds is perfectly fine.

Under California law a long gun transfer between a parent and child requires no FFL or paperwork be submitted, only a handgun transfer between parent and child requires a registration form be sent in. So him giving it to his father was perfectly legal.

All you need to do is go to an FFL and do a transfer from the father to you.

[Joe]

There is no paper trail. The gun cannot be connected back to the son. There is no registration for long guns and the transfer was completely legal.

[Vin496]

Thanks I thought this might be the case, but its not exactly spelled out for you on the DOJ website and I don't want to get me brother-in-law in any kind of trouble. does he need a paper trail to show that the gun was given to his father or it is a simple as his word?

There is no word to take, as there is no paper trail. Long guns are not registered to owners as their serial numbers are never recorded.

There is no paper trail. The gun cannot be connected back to the son. There is no registration for long guns and the transfer was completely legal.

+1

Registration was not required till around 91, so there are many handguns in California that have never been registered, yet they can be bought and sold without any issues.

[NiteQwill]

He bought the gun from a local dealer and has the original sales receipt. My last question is, do I even need to bother with the an FFL transfer? or could i take legal possession with a written sales receipt from his dad.

Yes, you must go through an FFL to DROS the gun. Intrafamily transfer does not apply to your situation.

[thefifthspeed]

He bought the gun from a local dealer and has the original sales receipt. My last question is, do I even need to bother with the an FFL transfer? or could i take legal possession with a written sales receipt from his dad.

For it to be a legal possession it needs to go through a dealer.

[chuckdc]

remember we are talking about a long gun and not a handgun. so with that in mind do we still need to transfer through a FFL or Dros?

Yes, you still have to DROS this particular firearm through an FFL. It's been that way since 1991. There are some exempt firearms (C&Rs) but this isn't even close to being one of them.

[Rukus]

remember we are talking about a long gun and not a handgun. so with that in mind do we still need to transfer through a FFL or Dros?

The paperless family transfer only applies to blood relatives, and only applies to "moving up or down" the family tree- Father>son/daughter, Grandfather>grandson etc.

In your case it would not apply so legally the transfer must go through a dealer.

ETA: I suppose it would be legal for your FIL to transfer to his daughter (your wife?) without using an FFL.

[ke6guj]

Just found out that his father does not want to deal with the transfer so its going to be on my brother in law's with the past felony to transfer to me. The gun has been stored in the parent's attic since 95. This whole thing got started because his mother wants to get rid of it. So I'm hoping there will not be any legal issues with him working with me directly on the transfer thru FFL/DROS. His concern is that he lives a very law abiding life style and does not want the attention or for the law to assume the gun has been in his possession all these years.

your thoughts? are we good to move forward?

thats unfortunate that the father, who has possessed the firearm legally is gonna push a felony on his son when he hands the son back the shotgun. I could even see the father picking up a felony for transfering a firearm to a known felon.

Show the father this section of the law,

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.

12078(c)(1) allowed for the son to give his father the shotgun legally without any paperwork or PPT needed. 12078(c)(2) mentions the intrafamily transfer form being needed, but that is just for handguns.


So, the father owns the shotgun and can legally give it to his daughter, or PPT it to you. But transfering the shotgun back to his ex-con son is not a smart idea.

[leelaw]

Do not do the transfer if it comes from the felon.

His bringing it to the FFL to perform the transfer will be nothing but bad for him. For him to have possession of the shotgun is a felony, which would be very easy to prove and get him hooked up, since there would then be record that he transferred a firearm so long after the felony.

His dad needs to get over the stigma of transferring it at an FFL, and just get it done. The shotgun was lawflly transfered to him, so there shouldn't be an issue of him PPTing it to you, unless he's not telling you something....

[jbooker9]

Just found out that his father does not want to deal with the transfer so its going to be on my brother in law's with the past felony to transfer to me. The gun has been stored in the parent's attic since 95. This whole thing got started because his mother wants to get rid of it. So I'm hoping there will not be any legal issues with him working with me directly on the transfer thru FFL/DROS. His concern is that he lives a very law abiding life style and does not want the attention or for the law to assume the gun has been in his possession all these years.

your thoughts? are we good to move forward?

Are you serious!!!

[DB2]

Are you still married to your FIL's daughter? Print out the above section of the law, and show it to him. It is perfectly legal for him to give it to your wife. Your wife can keep it in the safe along side your guns. You can borrow it from your wife and take it out when ever you like (permission of course). It's perfectly legal on all accounts.

[Cokebottle]

Are you still married to your FIL's daughter? Print out the above section of the law, and show it to him. It is perfectly legal for him to give it to your wife. Your wife can keep it in the safe along side your guns. You can borrow it from your wife and take it out when ever you like (permission of course). It's perfectly legal on all accounts.

Community property... once her's, it's his.
Handguns are a bit unique in that they are registered, but even then, a husband/wife transfer is a simple op'law, same as intrafamilial.

[DB2]

^^^^^.

I was saying that on purpose. I didn't want someone jumping down my throat about it. But yes community property. If you were to die she would get your stuff. If she did you would get it.

Don't involve the felon.

[L-2]

Are you still married to your FIL's daughter? Print out the above section of the law, and show it to him. It is perfectly legal for him to give it to your wife. Your wife can keep it in the safe along side your guns. You can borrow it from your wife and take it out when ever you like (permission of course). It's perfectly legal on all accounts.

Great advice and great job reading between all the lines!