Intrafamilial transfer husband-wife?

[Epaphroditus]

Why no mention of husband to wife transfer? Is there some special exemption?

[1CavScout]

Fill out the online form from the DOJ. 19 bucks and you will need to put in the HSC# of the person the gun is being transferred to. I just helped my mom with the same thing. Took a couple months for the DOJ to send her confirmation.

[Epaphroditus]

CGF wiki does say spousal transfers are permitted and the PC says immediate family.

http://codes.lp.findlaw.com/cacode/FAM/1/d4/2/5/s850 Family codes and a process of transmutation is possibly another method to transfer property - not sure this exempts need for intrafamilial transfer vi the usual way.

Something like 'joint custody' or dual registration would be vey nice.

PC 16720 does not include husband and wife ...

[Quiet]

A transfer between spouses is an operation of law.

If the firearm is a handgun...
The spouse receiving the firearm sends in a Report of Operation of Law or Intra-Familial Handgun Transaction and fee to CA DOJ.

If the firearm is a rifle, shotgun or other and the transfer is done before 01-01-2014...
No paperwork/notification is required.

[Librarian]

CGF wiki does say spousal transfers are permitted and the PC says immediate family.

http://codes.lp.findlaw.com/cacode/FAM/1/d4/2/5/s850 Family codes and a process of transmutation is possibly another method to transfer property - not sure this exempts need for intrafamilial transfer vi the usual way.

Something like 'joint custody' or dual registration would be vey nice.

PC 16720 does not include husband and wife ...

That's correct; one's 'immediate family', as defined, does not include a spouse.

Transmutation needs only to be a written notice; filing the OPLAW covers that notice, as transmutation of the private property of one spouse to the private property of the other spouse is a transfer by 'operation of law'.

[Epaphroditus]

I presume submitting the form+$19 for intrafamilial transfer is a defacto act of transmutation. Absent written notice the new owner still needs to register so but submitting the registration form the act of transmutation is implied.

I don't know what "Operation of law" means and google-fu is not so helpful.

[SOAR79]

tagged

[Librarian]

Penal Code 16960

16960.

As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, “operation of law” includes, but is not limited to, any of the following:

(a) The executor or administrator of an estate, if the estate includes a firearm.

(b) A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.

(c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.

(d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm.

(e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.

(f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.

(g) A transmutation of property between spouses pursuant to Section 850 of the Family Code.

(h) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.

(i) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.

I think you will find this link helpful -- http://leginfo.legislature.ca.gov/faces/codes.xhtml

[ywhuh86]

So... how does it work? Im still confused. If I give my gun to my wife now do I have to fill any forms?

[Librarian]

So... how does it work? Im still confused. If I give my gun to my wife now do I have to fill any forms?

For the rest of 2013, give a handgun to your wife and SHE fills out the OPLAW form. Beginning 2014, that applies to long guns as well.

Family Code further says

852. (a) A transmutation of real or personal property is not valid
unless made in writing by an express declaration that is made, joined
in, consented to, or accepted by the spouse whose interest in the
property is adversely affected.

If the transfer is 'consented to' by the 'giving' spouse, I believe the OPLAW form satisfies as "in writing by an express declaration".

[daves100]

AR

So I can just give my daughter an AR15 and no paper work required until 2014 correct?

[Mssr. Eleganté]

So I can just give my daughter an AR15 and no paper work required until 2014 correct?

If you are both California residents then yes, you can give your daughter a long gun without any paperwork. She can be any age. Starting next year she would have to be at least 18 years old and she would have to send in the registration paperwork and fee.

[ely]

So I can just give my daughter an AR15 and no paper work required until 2014 correct?

Sorry,
Am I correct that prior to 2014 I'm good to go just giving my young grandchild any of my rifles,including an ar?

[Quiet]

Sorry,
Am I correct that prior to 2014 I'm good to go just giving my young grandchild any of my rifles,including an ar?

Yes. It applies to any rifle, shotgun or other firearm that is not a registered assault weapon. [PC 27870]



Penal Code 27870
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.
(c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date.

[Epaphroditus]

I should have read ALL the wiki more closely ... OPLAW form is the same form as intrafamillial transfer (and I've used that before, doh!)

"Transfers between immediate family members using the Operation of Law or Intrafamilial Handgun Transaction Report are not affected by the Roster. This procedure was established in 1994 with AB 2470.(No interaction with FFLs is required.) "

Still not sure if there is an explicit form for transmutation (for other than firearms transactions) but it seems as far as CADOJ is concerned the BOF 454aA from is enough for them. Family code section 850-853 calls for something more along the lines of a written document with both parties signatures - probably a notary public would come in handy for such a formal act.

Family code section 852(d) seems to apply to firearms (as commingled property) which would support the concept of joint or co-ownership- which would be nice to have more clearly laid out. Not that I'm a fan of registration but if we have to be registered it would be nice if commingled property could also be co-registered (in sort of the same way real estate and motor vehicles can have multiple registered owners or title holders).

I suppose in the event of a souring and divorce the issue of a proper transmutation of property (in the form of firearms) done only via the CADOJ form could well be contested as not a valid operation as the requirements listed in family code section 852(a) are not fully met by the contents of the CADOJ form.

This is way more than I ever wanted to know about such things ...

Thanks to the Librarian for continued patience.