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Father/son AR transfer

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  • #16
    bigbully
    Senior Member
    • Feb 2008
    • 1904

    Originally posted by team5150
    True; I assumed that since the majority of long gun owners believe that completing a dros means their guns are registered, that's what he meant.

    I guess I been mistaken in believing that DROSing was registering. Learn something new here everyday.

    Thanks for all the replies.
    Long gun registration starts on Jan 1st 2014.

    Comment

    • #17
      bigbully
      Senior Member
      • Feb 2008
      • 1904

      Originally posted by shooterfpga
      Some posts may still be on a power trip and require even off post soldiers to register and store their weapons in the arms room. Good luck getting them back to shoot when you want to. Thats another can of worms and paperwork to sign them out and you may not even get permission let alone someone to come unlock the cages.

      Sent from my SGH-T999 using Tapatalk 2
      Wow! Didn't know this. My nephew just joined the marines but he really wants his own AR before any new laws kick in here. Sucks to get one and not be able to enjoy it.

      Comment

      • #18
        shooterfpga
        Veteran Member
        • Feb 2009
        • 2761

        Originally posted by bigbully
        Wow! Didn't know this. My nephew just joined the marines but he really wants his own AR before any new laws kick in here. Sucks to get one and not be able to enjoy it.
        It just really depends on who is running the base/post. He might end up at one that isnt hell bent on restricting you. I wouldnt be discouraged to buy whatever guns he wanted either way.

        Sent from my SGH-T999 using Tapatalk 2
        U.S. Army Combat Engineer

        Originally posted by Cactuscooler
        I have Paramilitary training

        Comment

        • #19
          Librarian
          Admin and Poltergeist
          CGN Contributor - Lifetime
          • Oct 2005
          • 44658

          Originally posted by team5150
          My son is in the Army and will be going to Hawaii for 5 years (bummer huh ?).

          I have an AR 15 that I want to give to him for Christmas when he is here in CA.

          I have read the is no paperwork for a long gun xfer from father to son. Is that correct ?

          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.


          He will take the CA (registered to me) rifle to Hawaii. How does he deal with it there if it registered to me and given to him ?
          The first question is 'Of what state is your son currently a citizen?'

          BATF says military are citizens of the state where the service member has permanent change of station orders - and NOT of their 'permanent home of record', unless that is also the state where assigned. See the wiki -- http://wiki.calgunsfoundation.org/Fe...y_requirements

          If he isn't stationed in CA, the CA intrafamilial law law does not apply - Federal law on interstate transfers does.

          That means transferring through an FFL; no-paper interstate transfer (in this case, CA-father to possibly-not-CA-son) would be a crime.
          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

          • #20
            Like gandhi but better
            Banned
            • Jun 2013
            • 354

            no matter what the son has to be over 18 though right?

            Comment

            • #21
              team5150
              Senior Member
              • Apr 2009
              • 508

              He is currently living in KS and will be en-route to HI when his here at Christmas.

              Should I xfer it to him before he leaves KS ?

              Comment

              • #22
                Mssr. Eleganté
                Blue Blaze Irregular
                CGN Contributor - Lifetime
                • Oct 2005
                • 10401

                Originally posted by team5150
                He is currently living in KS and will be en-route to HI when his here at Christmas.

                Should I xfer it to him before he leaves KS ?
                It sounds like the two of you would be considered residents of two different States by the feds. So you would need to do the transfer through an FFL.
                __________________

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

                Comment

                • #23
                  Mssr. Eleganté
                  Blue Blaze Irregular
                  CGN Contributor - Lifetime
                  • Oct 2005
                  • 10401

                  Originally posted by Richard-Long
                  no matter what the son has to be over 18 though right?
                  If the father and son are both California residents then there is currently no age limit for the child if the firearm is not a handgun. The child can be 1 day old. If the firearm is a handgun then the child has to be at least 18 years old. Starting next year the child will need to be at least 18 years old to receive either a handgun or non-handgun.

                  If the father and son are residents of two different States then the transfer has to go through an FFL. The child has to be at least 18 years old to receive a rifle or shotgun and 21 years old to receive anything else.
                  __________________

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

                  Comment

                  • #24
                    bigbully
                    Senior Member
                    • Feb 2008
                    • 1904

                    Wait till he get to HI and then send it to an FFL there who can transfer it to him per HI laws.

                    Comment

                    • #25
                      Like gandhi but better
                      Banned
                      • Jun 2013
                      • 354

                      If the father and son are both California residents then there is currently no age limit for the child if the firearm is not a handgun. The child can be 1 day old. If the firearm is a handgun then the child has to be at least 18 years old. Starting next year the child will need to be at least 18 years old to receive either a handgun or non-handgun.

                      If the father and son are residents of two different States then the transfer has to go through an FFL. The child has to be at least 18 years old to receive a rifle or shotgun and 21 years old to receive anything else.
                      so i can transfer a stripped lower or other AR15 to my 4 year old son and then register it as an assault weapon in his name if 374 is signed?

                      Comment

                      • #26
                        Mssr. Eleganté
                        Blue Blaze Irregular
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 10401

                        Originally posted by Richard-Long
                        so i can transfer a stripped lower or other AR15 to my 4 year old son and then register it as an assault weapon in his name if 374 is signed?
                        You can transfer a stripped lower to your 4 year old son right now. Then if SB 374 is signed your son can file a lawsuit against California because the assault weapon law forbids him from keeping his lawfully owned property since he isn't 18 years old. Or he can just keep the stripped lower in a non-assault weapon configuration (rimfire, bolt action, stripped).
                        __________________

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

                        Comment

                        • #27
                          Like gandhi but better
                          Banned
                          • Jun 2013
                          • 354

                          duly noted. so according to 374 he would have to be 18 to register an assault weapon?

                          Comment

                          • #28
                            bigbully
                            Senior Member
                            • Feb 2008
                            • 1904

                            SB374 only says it has to be registered but it's the current laws that say AW registration is only for 18 an older. So the combination of the two is the problem.

                            Comment

                            • #29
                              Like gandhi but better
                              Banned
                              • Jun 2013
                              • 354

                              just read 374 again. it says any person who legally acquires an assault weapon by said date. a 4 year old is a person.

                              surely they wouldve specified 18 or older in ab374 if they meant to enforce that age limit with this new round of registrations

                              Comment

                              • #30
                                Librarian
                                Admin and Poltergeist
                                CGN Contributor - Lifetime
                                • Oct 2005
                                • 44658

                                Originally posted by Richard-Long
                                just read 374 again. it says any person who legally acquires an assault weapon by said date. a 4 year old is a person.

                                surely they wouldve specified 18 or older in ab374 if they meant to enforce that age limit with this new round of registrations
                                You appear to believe that the Legislature has actually thought through the consequences of the bills it writes. Evidence suggests that belief is likely mistaken.

                                The current 'any age for a long gun' vs '18 to register' (without a statutory solution) is an example of that.
                                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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