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  • gobler
    Veteran Member
    • Mar 2010
    • 3348

    Noob question

    I did use the search function but nothing came up....

    So here is the situation. ALL parties live in Ca.. My father-in-law want's to gift a Taurus handgun to my wife and being from Indiana thought he could just give her the gun right out of his gun safe. I told him that Ca law states he needs to take it to an FFL with my wife and have here fill out the 4473 and wait 10 days. He is frustrated by this and asked me to confirm, so I am. I am correct, right?
    200 bullets at a time......
    sigpic

    Subscribe to my YouTube channel ---->http://www.youtube.com/user/2A4USA
  • #2
    USACracer
    Member
    • Mar 2012
    • 123

    "Section 27545 does not apply to the transfer of a firearm,
    other than a handgun, by gift, bequest, intestate succession, or
    other means from one individual to another, if both of the following
    requirements are satisfied:
    (a) The transfer is infrequent, as defined in Section 16730.
    (b) The transfer is between members of the same immediate family." -CGF wiki

    SO, as i read it, dad giving daughter a gun:
    Pistol - Got to FFL, daughter will need HSC
    Long gun - No FFL needed(til 2014)

    IANAL, hope this helps

    Comment

    • #3
      Librarian
      Admin and Poltergeist
      CGN Contributor - Lifetime
      • Oct 2005
      • 44641

      Gobler, you're right - because of Federal law.

      Apologies - long day.

      You carefully said all parties were in CA, I know I read that, and still I answered as if one of them lived out of state. USACracer is correct - intrafamilial transfer of handguns requires (in this case) the daughter have an HSC and files the OPLAW form with $19. No FFL required when both family members (in linear relationship - child/parent/grandparent only) are CA residents.

      See http://www.calguns.net/calgunforum/s...d.php?t=503873 for the INTERSTATE version.
      Last edited by Librarian; 12-23-2012, 12:46 AM.
      ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

      Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

      Comment

      • #4
        gobler
        Veteran Member
        • Mar 2010
        • 3348

        Originally posted by Librarian
        Gobler, you're right - because of Federal law.

        . No FFL required when both family members (in linear relationship - child/parent/grandparent only) are CA residents.

        See http://www.calguns.net/calgunforum/s...d.php?t=503873 for the INTERSTATE version.
        So he CAN just give her the gun and she fills out the form and send in the $19 with out needing to go to an FFL? Just want to make sure. USACracer post confuses me....
        Last edited by gobler; 12-23-2012, 1:49 AM.
        200 bullets at a time......
        sigpic

        Subscribe to my YouTube channel ---->http://www.youtube.com/user/2A4USA

        Comment

        • #5
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44641

          Originally posted by gobler
          So he CAN just give her the gun and she fills out the form and send in the $19 with out needing to go to an FFL? Just want to make sure. USACracer post confuses me....
          Yes, he can give her the gun, she files the form.

          UASCracer posted the correct Penal Code that authorizes that.

          The longer, show all the work, answer is at the wiki,
          Intrafamilial transfer - http://wiki.calgunsfoundation.org/Tr...Family_Members
          ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

          Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

          Comment

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