Handgun Under 21

[Mssr. Eleganté]

Now does that PPT also apply if the parent is in the state but not a resident? For example, say Dad comes over to see him for his 20th birthday and brings him a Glock that is on the safe handguns list, that is not in AW congifuartion, and doesn't have mags over 10 rounds (just to keep things simple). Does the transfer still have to go through an FFL, or does it only require the voluntary intrefamily transfer form?

Even though such a transfer is exempt from the California requirement to go through an FFL, it is still required to go through an FFL to comply with Federal law, since the two parties are residents of different States.

And since FFL's are forbidden by both California law and Federal law to transfer handguns to people under the age of 21, there is no way for this kind of transfer to be completed legally.

[Mssr. Eleganté]

One more question

the "Owner information" is my info or my fathers info?

The "Owner Information" is your info. The OpLaw form is for reporting transfers that have already happened, so you are the owner of the handgun being reported when you send in the form.

As to the HSC, the penal code lists exceptions to the HSC for Dealer transfers. But the section of the law on intra-family transfers has no exceptions for the HSC. The law just says that if you transfer a handgun to a family member they have to have an HSC.

There is no place on the OpLaw form to put your HSC down and they never seem to ask anybody for it, but to be perfectly legal you need to have an HSC, even if you are in the military.

[Sal]

I have emailed the DOJ a few times asking this question.

For the intra familiar transfer, can it be done with pistols owned pre '92 registration? Would i have to have him register them before, or just have them be registered through the intra familiar with me? I have my HSC and am under 21.

My dad lets me use his pistols quite often, and has said to just keep them when i bring them back since he doesnt shoot anymore. they are all owned legally pre-registration and he doesnt want to register any guns in his name, mainly so if there is a ban, they dont know he has any kind of thing.

i have emailed the DOJ twice with this question and never have gotten a response. i have read the intra familiar form, and it doesnt say that it has to have been pre-registered, i just would hate to have the pistol be seized because it wasnt pre-registred.

[Mssr. Eleganté]

For the intra familiar transfer, can it be done with pistols owned pre '92 registration? Would i have to have him register them before, or just have them be registered through the intra familiar with me? I have my HSC and am under 21.

There is no need for the handguns to be "pre-registered". You can go ahead and register your fathers old handguns in your name. You also have to be at least 18 years old.

[Sal]

thanks! just wanted to know whether or not if the pistols had not been registered to him before they were transferred would cause any problems.

i knew already that i had to be over 18 and have my HSC, which is why i took the HSC test already.

[Dr. Peter Venkman]

As an 18 year old, can I legally take my Dad's .45 to the range?

It's been waiting to be fired for over two years (he has too much work to go to the range) and is brand spanking new.

[leelaw]

I think we just looked it up and you cannot interfamilial transfer handguns because they have to go through a dealer. I would imagine if you tried to DROS a handgun under 21 it would get kicked back.

I would just recommend waiting unless your father still lives here.

Intrafamilial transfers do not go through dealers, except for this specific example because of federal laws regarding transfers over state lines.

Normally it is "here, son, have this gun" and "gee, thanks dad, let me send off $19 and this form to DOJ"

[Mag_Rat]

"enter the condition under which you obtained the handgun"?what would that condition be?

[AJAX22]

As an 18 year old, can I legally take my Dad's .45 to the range?

It's been waiting to be fired for over two years (he has too much work to go to the range) and is brand spanking new.

I believe so, its better if he goes with you as you will be unable to buy any pistol caliber ammo if you walk in with a hangun.

I had several pistols prior to turning 21, they were gifts from family.

[leelaw]

"enter the condition under which you obtained the handgun"?what would that condition be?

"gift"

"daddy gave it to me"

"I found it in a box under the [nondenominational celebration plant] wrapped in sparkly wrapping paper"

[Socal858]

All forms:

Operation of law (intra-familial transfer)

AND READ : PENAL CODE SECTION PC 12078 (c)

" (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
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.
(d) (1) Subdivision (d) of Section 12072 shall not apply to the
infrequent loan of firearms between persons who are personally known
to each other for any lawful purpose, if the loan does not exceed 30
days in duration and, when the firearm is a handgun, commencing
January 1, 2003, the individual being loaned the handgun has a valid
handgun safety certificate."


If all else fails..

read the CODE

so no mention is made about the residency of the parent/grandparent?

the transfer will have to take place face to face, like your father gives it to you in a locked box (for example's sake) and you send off that form to the DOJ?

[Mssr. Eleganté]

so no mention is made about the residency of the parent/grandparent?

California law doesn't care about the residency of the family member who gives you a handgun. But Federal law does care about the residency issue. Federal law requires transfers of firearms between residents of two different states to be processed through an FFL, no matter what their family relationship is.

the transfer will have to take place face to face, like your father gives it to you in a locked box (for example's sake) and you send off that form to the DOJ?

If the father is a California resident too then there is no requirement for the transfer to be face to face. If the father is not a California resident then...(see above)

[Socal858]

California law doesn't care about the residency of the family member who gives you a handgun. But Federal law does care about the residency issue. Federal law requires transfers of firearms between residents of two different states to be processed through an FFL, no matter what their family relationship is.



If the father is a California resident too then there is no requirement for the transfer to be face to face. If the father is not a California resident then...(see above)

good clearing that up. thanks