Need help with a pistol transfer/loan

[Medic451]

My fiance's father is pretty ill, hes a Vietnam veteran and is currently being treated by a VA doctors and a psychiatrist. The Dr told his wife that his guns should be locked out of his possession for the time being. He only has one .38 revolver, he knows Im into guns, and decided to just give it to me. The question is, he may not want to outright transfer it to me just yet, but have me keep it for the time being. What is required to loan someone a pistol, from what ive been able to research, I may keep possession of the pistol for up to 30 days with written permission from the owner. Not sure how many times that can be extended. Im pretty sure ill just end up buying it from him and doing the transfer locally, but just in case, what other options do we have?

[Quiet]

Loans are suppose to be done on infrequently. [PC 12078(d)(1)]

Loans greater than 30 days are suppose to be transfered through a CA FFL dealer. [PC 12082(a)]

Another option is he gifts the handgun to his daughter (your fiance). [PC 12078(c)(2)]
She will need a HSC and, within 30 days of acquiring the handgun, she sends off an Operation of Law or Intra-Familial Handgun Transaction Report with $19 to CA DOJ BOF.


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.
(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.
(u) As used in this section:
(1) "Infrequent" has the same meaning as in paragraph (1) of subdivision (c) of Section 12070.

Penal Code 12070
(c)(1) As used in this section, "infrequent" means:
(A) For pistols, revolvers, and other firearms capable of being concealed upon the person, less than six transactions per calendar year. For this purpose, "transaction" means a single sale, lease, or transfer of any number of pistols, revolvers, or other firearms capable of being concealed upon the person.
(B) For firearms other than pistols, revolvers, or other firearms capable of being concealed upon the person, occasional and without regularity.

[Tripper]

he can bequeeth (?) to you maybe, kind of a before the fact will, cant seem to recall the correct term

have it in writing, that it gets registered to you, until death, for which it becomes yours

it seems theres also a registration record for which is not ownership, a friend was going to loan me a pistol one time, and suggested doing that (whatever that was)
maybe an FFL can chime in on what that was

something to that effect maybe

[paul0660]

he can bequeeth (?) to you maybe, kind of a before the fact will, cant seem to recall the correct term

have it in writing, that it gets registered to you, until death, for which it becomes yours

it seems theres also a registration record for which is not ownership, a friend was going to loan me a pistol one time, and suggested doing that (whatever that was)
maybe an FFL can chime in on what that was

something to that effect maybe

I don't think any of that is correct.

Quiet has it right. It can be loaned to someone known to the owner for 30 days (one time, otherwise it is frequent, IMO), or given to the daughter who needs to file a form and $19. Both of those people need a HSC. Or sell it.

[Tripper]

I'm pretty sure the guy that was going to do that wouldnt have made me an outright owner on his firearm. Theres got to be a way.

the OP stated the f-i-l might not want to give ownership yet, but hold for safe-keeping.

doing the vol-reg, i think would mean taking ownership, should be the op-law form though if it were to go that route, still would be ownership though i think.

I do think that would be the best route, but also have an agreement in writing that it is a transfer for safe keeping, and if circumstances change that you would be happy to execute his wishes regarding the pistol, to make sure everyone feels ok with whats happening.

yes of course, all the other laws for possessing a firearm still apply, i dont think that was the concern or question.

My dad and I have an agreement similar, whereas I have ownership, until his granddaughter is 18, for which I will transfer to her, its just not in writing.

[Tripper]

I'll see him tomorrow and ask what he had in mind, and postback.
got me curious now

[Tripper]

Best Wishes to the family too

[paul0660]

Ok doke. I don't think that arrangement you have with your dad holds water unless you file the form, but it is always interesting to find out.

[Tripper]

yes, I'm legal, thats why we did it now, in case he's not around when she turns 18, this way it maintains legality throughout the process, and this way seems to be easier than having it in a will, which ultimately seems it would create more red tape to execute.

he gave to me, DROS'd, i give to her via PPT when its time, its my sisters daughter, so has to be ppt from me to her.
If he's still around, i give back to him to give to her.

my situation is entirely legal.

[paul0660]

My dad and I have an agreement similar, whereas I have ownership, until his granddaughter is 18, for which I will transfer to her, its just not in writing.

that, is not this:

he gave to me, DROS'd, i give to her via PPT when its time, its my sisters daughter, so has to be ppt from me to her.
If he's still around, i give back to him to give to her.

At least it seemed so when I first read the first part.

[Tripper]

sorry, i guess i thought it was a continuation, of my previous thought process of doing a transfer of ownership, and having a personal agreement as to the conditions of the transfer..
I was simply alluding to the fact that I have done exactly what I suggested
transfer now, with an agreement in place as to what happens.
then you possess and own the firearm legally any way you look at it
end result= the firearm is legally possessed, all parties are happy

i was not suggesting a gentlemen agreement as to the transfer of the firearm itself.

[paul0660]

gotcha!!

[Medic451]

Thanks for all the help guys. Looks like he will ask me if I want to buy it from him, his wife said Im gonna be his son in a few months and he wants to give it to me- but she also said he wants to tell me face to face, so im not supposed to know im getting the gun yet