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  • AfricanHunter
    Senior Member
    • Feb 2007
    • 1005

    Guns given as Gifts?

    If someone gives you a handgun or rifle as a gift, are you required to go to an FFL and do a Dros/etc on it? Is there any way that they could say the firearm isn't allowed to be transfered? Thanks.
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  • #2
    gose
    Veteran Member
    • Oct 2005
    • 3953

    Originally posted by AfricanHunter
    If someone gives you a handgun or rifle as a gift, are you required to go to an FFL and do a Dros/etc on it? Is there any way that they could say the firearm isn't allowed to be transfered? Thanks.
    If it's your immediate family (parents, grand parents, children) you only need to send in a form to DOJ to report the transfer.
    If it's not from the immediate family you need to do a PPT with DROS.
    With Oden on our side.

    Comment

    • #3
      chiefcrash
      Internet Dictator
      CGN Contributor - Lifetime
      • Jul 2006
      • 3408

      gifts of rifles, shotguns, and other firearms not easily concealed upon the person between parent/child, grandparent/grandchild, and husband/wife require no action

      gifts of HANDGUNS between parent/child, grandparent/grandchild, and husband/wife require a form (http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf) and $19 per handgun sent to the DOJ (also, whoever is recieving the handgun must posses a valid Handgun Safety Certificate)

      gift of rifles, shotguns, and other firearms not easily concealed upon the person that are 50 years old or older require no action.

      gift of any firearm not covered above must go through a 01 FFL (and must be DROS'd, 10-day wait, etc). This includes between brother/sister, uncle/nephew, etc.
      Last edited by chiefcrash; 03-14-2007, 2:34 PM.
      Originally posted by Kestryll
      we can not nor should not dismiss or discount my theory that in the dark of night you molest sea anemones by candlelight.
      Originally posted by TKM
      Show me on this 1st Amendment bobble-head doll where the mods touched you.
      Originally posted by Click Boom
      It is clear from this thread that citadel grad was the gunman, and Oswald his patsy.

      Comment

      • #4
        50 Freak
        Veteran Member
        • Oct 2005
        • 3412

        Wasn't always like this, think it used to be before (early 90's) that guns given as gifts/sold between private parties required no transfer/FFL.

        Anyone know the exact date?
        I'm Rick James...Be-otch!!!!

        Comment

        • #5
          bwiese
          I need a LIFE!!
          • Oct 2005
          • 27621

          Jan 1 1991 was the date on which in-CA private-party transfers could no longer be paperless and had to go thru FFL. (There are separate rules if gun crosses state lines, etc.)

          There is an interfamilial exemption for transfers amongst parents/grandparents/children/grandchildren. Interfamiliar handgun recipients must possess an HSC card, and I do think a DROS form needs to be submitted.

          Assault weapons cannot be transferred.

          Bill Wiese
          San Jose, CA

          CGF Board Member / NRA Benefactor Life Member / CRPA life member
          sigpic
          No postings of mine here, unless otherwise specifically noted, are
          to be construed as formal or informal positions of the Calguns.Net
          ownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my
          employer. No posts of mine on Calguns are to be construed as
          legal advice, which can only be given by a lawyer.

          Comment

          • #6
            Surveyor
            CGN/CGSSA Contributor
            • Mar 2006
            • 748

            I gave my brother in-law (sisters husband) a shotgun for Christmas of '04. here's how we did the gift exchange.

            First I "gave" the present to my dad. He then "gave" it to my sister. She then gave it to my bro' in law. Nice and legal.

            Comment

            • #7
              chiefcrash
              Internet Dictator
              CGN Contributor - Lifetime
              • Jul 2006
              • 3408

              Originally posted by Surveyor
              I gave my brother in-law (sisters husband) a shotgun for Christmas of '04. here's how we did the gift exchange.

              First I "gave" the present to my dad. He then "gave" it to my sister. She then gave it to my bro' in law. Nice and legal.
              next up: AB 2387: Family Transfer Loop Hole Closing Act of 2008
              Originally posted by Kestryll
              we can not nor should not dismiss or discount my theory that in the dark of night you molest sea anemones by candlelight.
              Originally posted by TKM
              Show me on this 1st Amendment bobble-head doll where the mods touched you.
              Originally posted by Click Boom
              It is clear from this thread that citadel grad was the gunman, and Oswald his patsy.

              Comment

              • #8
                Surveyor
                CGN/CGSSA Contributor
                • Mar 2006
                • 748

                No doubt!

                Comment

                • #9
                  PJA
                  Member
                  • Oct 2005
                  • 269

                  That was very creative.
                  Pete

                  Comment

                  • #10
                    Relic
                    Member
                    • Mar 2007
                    • 233

                    Sorry to bring back this thread, What are the separate rules if a gun (pistol) crosses state lines as a gift assuming the pistol is C&R ? Does the 30 day wait still apply.

                    I'm on my way out of state next month and I know several family members have C&R pistols that I will be inheriting.
                    Thanks for the info

                    Comment

                    • #11
                      chiefcrash
                      Internet Dictator
                      CGN Contributor - Lifetime
                      • Jul 2006
                      • 3408

                      Originally posted by Relic
                      Sorry to bring back this thread, What are the separate rules if a gun (pistol) crosses state lines as a gift assuming the pistol is C&R ? Does the 30 day wait still apply.

                      I'm on my way out of state next month and I know several family members have C&R pistols that I will be inheriting.
                      Thanks for the info
                      depends:

                      If you have a C&R license, they can just give them to you. You have to log them into your bound book, and within 5 days of returning to CA you must send off a form + $19 to the DOJ (PM me if you need the form, it's not the same on as the family transfer one and it's not on the DOJ website)

                      if you don't have a C&R licence, i *think* they need to get sent to a 01 FFL. All out of state transfer rules apply
                      Originally posted by Kestryll
                      we can not nor should not dismiss or discount my theory that in the dark of night you molest sea anemones by candlelight.
                      Originally posted by TKM
                      Show me on this 1st Amendment bobble-head doll where the mods touched you.
                      Originally posted by Click Boom
                      It is clear from this thread that citadel grad was the gunman, and Oswald his patsy.

                      Comment

                      • #12
                        Relic
                        Member
                        • Mar 2007
                        • 233

                        Thanks for the info Chiefcrash. This is very helpfull. I do have a C&R and the correct form to send off. Great to get the correct process.

                        Comment

                        • #13
                          eta34
                          Senior Member
                          • Oct 2006
                          • 2432

                          What happens if the handgun is left as the result of a death. For example, if Dad dies and leaves son a handgun, how do you do the transfer? What if the son waits a few years before transferring the weapon? Any time constraints here?

                          Comment

                          • #14
                            chiefcrash
                            Internet Dictator
                            CGN Contributor - Lifetime
                            • Jul 2006
                            • 3408

                            Originally posted by eta34
                            What happens if the handgun is left as the result of a death. For example, if Dad dies and leaves son a handgun, how do you do the transfer? What if the son waits a few years before transferring the weapon? Any time constraints here?
                            once again, it depends:

                            if the gun is C&R, and you have a C&R license, see above. same thing.

                            if the gun's not C&R (or you don't have a C&R license), i'm not sure on that one. i'd imagine that you'd have to have it sent to a 01 FFL, and all out of state tranfer rules apply (roster of "safe" guns, etc). Don't quote me on this though, there might be an exception that i'm unaware of...
                            Originally posted by Kestryll
                            we can not nor should not dismiss or discount my theory that in the dark of night you molest sea anemones by candlelight.
                            Originally posted by TKM
                            Show me on this 1st Amendment bobble-head doll where the mods touched you.
                            Originally posted by Click Boom
                            It is clear from this thread that citadel grad was the gunman, and Oswald his patsy.

                            Comment

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