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Step-father to step-son transfer

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  • vf111
    Veteran Member
    • Feb 2006
    • 2611

    Step-father to step-son transfer

    I posted this on a thread in the FFL forum but not sure if that has enough traffic to be answered. A very close friend of mine's step-father has only 30 days left and he being a non-gun guy has asked me for help in disposing of his step-dad's guns. Is it written somewhere that the intra-familial transfer (i.e. not requiring an FFL) between a step-father and a step-son is legal only if the step-son was legally adopted by the step-father?
  • #2
    9mmepiphany
    Calguns Addict
    • Jul 2008
    • 8075

    i'm not sure about how it applies to transfer through an FFL...but if a step-son were not legally adopted, there would be no legal relationship. if he were legally adopted, he wouldn't be a step-son
    ...because the journey is the worthier part...The Shepherd's Tale

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    • #3
      CalNRA
      Calguns Addict
      • Apr 2006
      • 8686

      without a legal adoption the step-father is in simpler terms a "family friend" no matter how close they are.

      Case in point a "person(you friend in this case)" was raised by his step father since before he was a boy. They get along better than most biological father-son relationships. But up until an adult adoption was done they were merely "friends" in the eyes of the law. The step father was a legal guardian with all the responsibilities but not a parent automatically, most people can be a legal guardian to a kid without beinga parent.

      They will need to PPT it through an FFL.
      Last edited by CalNRA; 07-12-2010, 3:50 PM.
      Originally posted by cvigue
      This is not rocket surgery.

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      • #4
        joelogic
        Calguns Addict
        • May 2008
        • 6592

        Cant the wife just give it to her son if its her actual son.
        Micro/Mini Reflex Red Dot Sight Mount for the M1, M1a/M14 platform

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        • #5
          CalNRA
          Calguns Addict
          • Apr 2006
          • 8686

          Originally posted by joelogic
          Cant the wife just give it to her son if its her actual son.
          depends on who owns the pistol, the step dad may need to PPT it to her first.
          Originally posted by cvigue
          This is not rocket surgery.

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          • #6
            SJgunguy24
            I need a LIFE!!
            • May 2008
            • 14849

            Originally posted by CalNRA
            depends on who owns the pistol, the step dad may need to PPT it to her first.
            Spouses can fill out the DOJ's Vol reg form exactly the same as father-son can.

            Edit, from the DOJ website.

            6.Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?
            Yes, as long as the person receiving the firearm is not in a prohibited category [PDF 10 kb / 1 pg] and the firearm is not an assault weapon, the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer. However, if the firearm is a handgun, the recipient must submit an Report of Operation of Law or Intra-Familial Handgun Transaction [PDF 481 kb / 2 pg] and $19 fee to the DOJ within 30 days.

            (PC sections 12076(f), 12078(i))
            Last edited by SJgunguy24; 07-13-2010, 1:04 AM.
            There are 3 kinds of people in this world.
            The wise, learn from the mistakes of others.
            The smart, learn from their own mistakes.
            The others, well......they just never learn.

            "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
            Patrick Henry.

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            • #7
              CalNRA
              Calguns Addict
              • Apr 2006
              • 8686

              huh, I was told by a reputable dealer that husband and wife still needs a PPT.

              We learn something new everyday.
              Originally posted by cvigue
              This is not rocket surgery.

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              • #8
                vf111
                Veteran Member
                • Feb 2006
                • 2611

                Moot point - just found out my friend was never legally adopted.

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