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  • Conker
    Member
    • Apr 2007
    • 114

    Intrafamiliar rifle age limit

    Is there an age limit (minimum age) for my son to receive a rifle from me? I know for handguns it is 18, but what about rifles and shotguns? Thanks.
    Last edited by Conker; 03-16-2008, 11:03 PM.
  • #2
    WhiteDingo
    Member
    • Nov 2006
    • 214

    They have to be able to legally own a firearm. So it's 18, to my knowledge.

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    • #3
      Breadfan
      Senior Member
      • Jan 2008
      • 1024

      18 for rifles 21 for handguns

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      • #4
        Mssr. Eleganté
        Blue Blaze Irregular
        CGN Contributor - Lifetime
        • Oct 2005
        • 10401

        I don't think there is an age limit for long guns coming from a parent or from a grandparent with the parents permission.

        The Penal Code spells out the 18 year old restricton for intra-familial handgun transfers, but does not mention an age restriction for intra-familial long gun transfers.

        The only restriction I can find is that grandparents must have the parents permission if the child is a minor.

        CPC 12078(p)

        (4)Paragraph (3) of subdivision (a), and subdivision (d), of Section 12072 shall not apply to the transfer or loan of a firearm that is not a handgun to a minor by his or her parent or legal guardian.

        (5) Paragraph (3) of subdivision (a) of Section 12072 shall not apply to the transfer or loan of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person to a minor by his or her grandparent who is not the legal guardian of the minor if the transfer is done with the express permission of the parent or legal guardian of the minor.
        __________________

        "Knowledge is power... For REAL!" - Jack Austin

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        • #5
          leelaw
          Junior Member
          CGN Contributor - Lifetime
          • Oct 2005
          • 10445

          for an intrafamilial transfer, the receiver must legally be able to own the firearm. 18 for rifles and shotguns, 18 for handguns.

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          • #6
            Conker
            Member
            • Apr 2007
            • 114

            Awesome, thanks guys. Was trying to find out the info from the Bureau of Firearms CA DOJ website.

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            • #7
              Mssr. Eleganté
              Blue Blaze Irregular
              CGN Contributor - Lifetime
              • Oct 2005
              • 10401

              Originally posted by Conker
              Awesome, thanks guys...
              But we gave you three totally different answers.
              __________________

              "Knowledge is power... For REAL!" - Jack Austin

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              • #8
                WhiteDingo
                Member
                • Nov 2006
                • 214

                Originally posted by Amendment II
                But we gave you three totally different answers.
                Well, two of the answers were the same....out of the 4 there were

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                • #9
                  Mssr. Eleganté
                  Blue Blaze Irregular
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 10401

                  Can one of you guys who posted that juveniles can't own long guns please post the section of the Penal Code that says so? I am having trouble finding it.
                  __________________

                  "Knowledge is power... For REAL!" - Jack Austin

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                  • #10
                    leelaw
                    Junior Member
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 10445

                    Originally posted by Amendment II
                    But we gave you three totally different answers.
                    But it's easy when you can determine that breadfan is wrong

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                    • #11
                      Mssr. Eleganté
                      Blue Blaze Irregular
                      CGN Contributor - Lifetime
                      • Oct 2005
                      • 10401

                      Originally posted by leelaw
                      But it's easy when you can determine that breadfan is wrong
                      Yeah, but I'm still trying to find out if I was wrong too.
                      __________________

                      "Knowledge is power... For REAL!" - Jack Austin

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                      • #12
                        WhiteDingo
                        Member
                        • Nov 2006
                        • 214

                        Originally posted by Amendment II
                        Can one of you guys who posted that juveniles can't own long guns please post the section of the Penal Code that says so? I am having trouble finding it.
                        Federal law, not CA Penal Code, if I remember right. You cannot purchase(posses, sell, etc) a firearm anywhere in the US if you are under 18 years of age.

                        The NRA-ILA website has a nice little brief on federal gun laws

                        Originally posted by NRA-ILA
                        The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition.....Persons less than 18 years of age for the purchase of a shotgun or rifle.
                        Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.

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                        • #13
                          Mssr. Eleganté
                          Blue Blaze Irregular
                          CGN Contributor - Lifetime
                          • Oct 2005
                          • 10401

                          Originally posted by WhiteDingo
                          Federal law, not CA Penal Code, if I remember right. You cannot purchase(posses, sell, etc) a firearm anywhere in the US if you are under 18 years of age.
                          Federal law says FFL's can't sell long guns to people who are under 18 years old. And it says juveniles can't posses handguns except for certain limited circumstances.

                          I don't see any Federal prohibition on long guns being owned by juveniles.
                          __________________

                          "Knowledge is power... For REAL!" - Jack Austin

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                          • #14
                            WhiteDingo
                            Member
                            • Nov 2006
                            • 214

                            Originally posted by Amendment II
                            Federal law says FFL's can't sell long guns to people who are under 18 years old. And it says juveniles can't posses handguns except for certain limited circumstances.

                            I don't see any Federal prohibition on long guns being owned by juveniles.
                            I looked, and neither could I. I did find this though.

                            They can be indefinately loaned, according to the CA-AGs California Firearms Laws Handbook, Page 43.

                            So one would have to deduce that if an individual under 18 years of age is unable to purchase/sell any firearm, but can be loaned one by the above listed individuals, that it would not be legal for them to own one on their own.

                            It also states:
                            Hope that helps.

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                            • #15
                              Mssr. Eleganté
                              Blue Blaze Irregular
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 10401

                              Originally posted by WhiteDingo
                              So one would have to deduce that if an individual under 18 years of age is unable to purchase/sell any firearm, but can be loaned one by the above listed individuals, that it would not be legal for them to own one on their own.

                              It also states:




                              Hope that helps.
                              But you'll notice that the above restriction of 12072(a)(3) does not count if the long gun is transfered to the juvenile by his parent or grandparent.

                              12072(a)(3)(A) No person, corporation, or firm shall sell, loan, or transfer a firearm to a minor, nor sell a handgun to an individual under 21 years of age. (B) Subparagraph (A) shall not apply to or affect those circumstances set forth in subdivision (p) of Section 12078.
                              12078(p)

                              (4) Paragraph (3) of subdivision (a), and subdivision (d), of Section 12072 shall not apply to the transfer or loan of a firearm that is not a handgun to a minor by his or her parent or legal guardian.

                              (5) Paragraph (3) of subdivision (a) of Section 12072 shall not apply to the transfer or loan of a firearm that is not a pistol, revolver, or other firearm capable of being concealed upon the person to a minor by his or her grandparent who is not the legal guardian of the minor if the transfer is done with the express permission of the parent or legal guardian of the minor
                              This 12078(p) exemption is the one I posted in my first answer and is what I based my claim on. It specificaly says that transfers to minors are OK if they come from a parent or grandparent.
                              Last edited by Mssr. Eleganté; 03-18-2008, 1:52 AM.
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                              "Knowledge is power... For REAL!" - Jack Austin

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