Old shotgun as gift, PFEC enough or need to PPT at FFL?

[hooptytank]

Hate to but after reading through multiple threads about gifts, PPT and such I'm still a bit unclear about which way to proceed.

A close friend (not family member) wants to give me his old pump shotgun as a gift. The gun is 25-30 years old (not C&R), has never been registered and it is fully legal and un-modified. At first I thought I wouldn't need to do anything other than say thanks, but then I started reading into CA laws.

Since I understand that long guns do not need to be registered, I was thinking about applying for a PFEC to make sure I'm clear as I've never had a firearm before, and that should be enough. But, the more I read the wiki article the more it becomes apparent (to me) that it is required by law to transfer any firearm through a PPT at a FFL , and fill out a DROS, a 4473, pay fees and wait 10 days.

Some people I've spoken to say don't worry about a long gun, it doesn't matter, just take it and have fun with it. Since there is no record of this guns whereabouts at this point I wouldn't mind it stayed this way.

What is the proper or legal procedure to follow:

A. Can I just accept the rifle and do nothing else?

B. accept the rifle and do a PFEC?

C. do the full PPT, and all that is involved with it?

Thanks in advance for your input and other suggestions.

[lorax3]

Since the two of you are not immediate family, and the shotgun is not at least 50 years old the transfer will have to be facilitated through an FFL. As long as you and your friend have a valid CA ID, CA DL, or MIL ID the transfer cost will be $35. (Plus possible fee for a gun lock if you do not own a safe)

You can do the PFEC if you are worried about getting denied via the DROS process. But if you are ineligible the dealer will call you during your 10 day waiting period and ask the seller to come pickup the firearm.

[Quiet]

What is the proper or legal procedure to follow:

A. Can I just accept the rifle and do nothing else?

B. accept the rifle and do a PFEC?

C. do the full PPT, and all that is involved with it?

Option C.

Both, option A and B are violating state laws.


Penal Code 12070
(a) No person shall sell, lease, or transfer firearms unless he or she has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor.

Penal Code 12072
(d) Where neither party to the transaction holds a dealer's license issued pursuant to Section 12071, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer pursuant to Section 12082.

Penal Code 12082
(a) A person shall complete any sale, loan, or transfer of a firearm through a person licensed pursuant to Section 12071 in accordance with this section in order to comply with subdivision (d) of Section 12072. The seller or transferor or the person loaning the firearm shall deliver the firearm to the dealer who shall retain possession of that firearm. The dealer shall then deliver the firearm to the purchaser or transferee or the person being loaned the firearm, if it is not prohibited, in accordance with subdivision (c) of Section 12072. If the dealer cannot legally deliver the firearm to the purchaser or transferee or the person being loaned the firearm, the dealer shall forthwith, without waiting for the conclusion of the waiting period described in Sections 12071 and 12072, return the firearm to the transferor or seller or the person loaning the firearm. The dealer shall not return the firearm to the seller or transferor or the person loaning the firearm when to do so would constitute a violation of subdivision (a) of Section 12072. If the dealer cannot legally return the firearm to the transferor or seller or the person loaning the firearm, then the dealer shall forthwith deliver the firearm to the sheriff of the county or the chief of police or other head of a municipal police department of any city or city and county who shall then dispose of the firearm in the manner provided by Sections 12028 and 12032. The purchaser or transferee or person being loaned the firearm may be required by the dealer to pay a fee not to exceed ten dollars ($10) per firearm, and no other fee may be charged by the dealer for a sale, loan, or transfer of a firearm conducted pursuant to this section, except for the applicable fee that the Department of Justice may charge pursuant to Section 12076. Nothing in these provisions shall prevent a dealer from charging a smaller fee. The fee that the department may charge is the fee that would be applicable pursuant to Section 12076, if the dealer was selling, transferring, or delivering a firearm to a purchaser or transferee or a person being loaned a firearm, without any other parties being involved in the transaction.

[tenpercentfirearms]

PPT or jail!

[donw]

if the shotgun were over 100 years old it would be different...

[hooptytank]

But if you are ineligible the dealer will call you during your 10 day waiting period and ask the seller to come pickup the firearm.

Assuming something comes up and I'm ineligible, does the current owner need to go through a background check to receive it back, or does he just take it back. I believe it's the latter, but I ask this because I assume there would be another fee involved if it's the first scenario.

[jtmkinsd]

Assuming something comes up and I'm ineligible, does the current owner need to go through a background check to receive it back, or does he just take it back. I believe it's the latter, but I ask this because I assume there would be another fee involved if it's the first scenario.

Upon denial of the buyer, DOJ automatically runs the same check on the seller. No new DROS needs to be done.