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  • rmblaster
    CGN/CGSSA Contributor
    CGN Contributor
    • Jun 2009
    • 1088

    Transfer rifle to son

    My son is visting from out of state and wants one of my rifles to take back home with him is there any paper work that needs to be done since its a rifle not a pistol
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30241

    Originally posted by rmblaster
    My son is visting from out of state and wants one of my rifles to take back home with him is there any paper work that needs to be done since its a rifle not a pistol
    Because you and your son are residents of different states, Federal laws mandate that the firearm be transfered through a FFL dealer in your son's state of residence.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

    Comment

    • #3
      rmblaster
      CGN/CGSSA Contributor
      CGN Contributor
      • Jun 2009
      • 1088

      I should have said he is still a Ca resident he is in the military so does that change anything

      Comment

      • #4
        Quiet
        retired Goon
        • Mar 2007
        • 30241

        Originally posted by rmblaster
        I should have said he is still a Ca resident he is in the military so does that change anything
        Yes.

        Since it's an intra-familial gift between immediate family members that are both CA residents, you hand him the rifle and he enjoys it. No paperwork needed. [PC 12078(c)(1)]





        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.
        sigpic

        "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

        Comment

        • #5
          rmblaster
          CGN/CGSSA Contributor
          CGN Contributor
          • Jun 2009
          • 1088

          Thanks Quiet just what he wanted to hear he had reminded me even thow he lives in VA he is still a CA resident he just dont pay taxes here

          Comment

          • #6
            CHS
            Moderator Emeritus
            CGN Contributor - Lifetime
            • Jan 2008
            • 11338

            Also, if it's a loan (up to 30 days) then no paperwork would be required as well (assuming different states residency). However, the rifle would then have to be returned before the 30 days are up in order to avoid violating federal transfer laws.
            Please read the Calguns Wiki
            Laws that forbid the carrying of arms...disarm only those who are neither inclined nor determined to commit crimes...Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.
            --Cesare, Marquis of Beccaria, "On Crimes and Punishment"

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