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  • Timthetwin
    Senior Member
    • Sep 2012
    • 668

    Legal Question

    Hi Guys,
    So I have a hypothetical situation and question. Suppose an individuals grandparent handed a handgun down to them, that had not been registered since the 80's. Furthermore, suppose this individual wanted to register said handgun, and make it completely legal. In addition, lets say this individual is 18 years of age. On a hypothetical basis, what are the EXACT steps such and individual would take in such a situation to legally register the handgun???

    Thanks

    ~TtT
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.-Groucho Marx

    sigpic
  • #2
    Findout
    Senior Member
    • Nov 2012
    • 523

    You have to be 21 years old to acquire a handgun in California, so an 18 year old would not be able to at all.

    As for the rest, I can't say.
    My life may not be worth the mere firearms, but should it ever really come down to it, my life is worth the freedom. The only reason you and I have the freedom we have is because someone else put their life on the line, knowing that it's not just about the guns.
    No one is free until everyone is free. If you champion your own rights, but won't stand up for the rights of others, you're no better than those who wish to take our rights away.
    "No one will be spared." - Claus von Stauffenberg

    Comment

    • #3
      Timthetwin
      Senior Member
      • Sep 2012
      • 668

      You can legally possess a handgun in Cali at 18, someone must purchase then do intra fam transfer
      Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.-Groucho Marx

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      • #4
        ke6guj
        Moderator
        CGN Contributor - Lifetime
        • Nov 2003
        • 23725

        Originally posted by Findout
        You have to be 21 years old to acquire a handgun in California, so an 18 year old would not be able to at all.

        As for the rest, I can't say.
        that would be incorrect. an 18-year-old CAN legally acquire a handgun from a CA-resident parent or grandparent. he would need to get his HSC card and file an intra-family transfer notification form iwth CADOJ, but he can legally do that.

        Or, as an 18-year-old, he can legally make his own CA-legal handgun.
        Jack



        Do you want an AOW or C&R SBS/SBR in CA?

        No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

        Comment

        • #5
          Timthetwin
          Senior Member
          • Sep 2012
          • 668

          Thanks for all the feed back guys. So what will the final cost be? It says 19 bucks to file the transfer form. If there are multiple hanguns on the form will it cost more?
          Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.-Groucho Marx

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          • #6
            Dvrjon
            CGN/CGSSA Contributor - Lifetime
            CGN Contributor - Lifetime
            • Nov 2012
            • 11275

            Originally posted by Timthetwin
            Hi Guys,
            So I have a hypothetical situation and question. Suppose an individuals grandparent handed a handgun down to them, that had not been registered since the 80's. Furthermore, suppose this individual wanted to register said handgun, and make it completely legal. In addition, lets say this individual is 18 years of age. On a hypothetical basis, what are the EXACT steps such and individual would take in such a situation to legally register the handgun???

            Thanks

            ~TtT
            Hypothetically:
            1. Read this: http://oag.ca.gov/firearms/pubfaqs#3

            2. File this: http://oag.ca.gov/sites/all/files/ag...rms/oplaw.pdf?

            $19 per form; no limit on guns on the form. From the reverse of the form:
            Report of Operation of Law or Intra-Familial Transaction Submission Requirements
            Individuals must submit this application for one or more handguns with a fee of $19.00

            JR
            Last edited by Dvrjon; 06-26-2013, 2:25 PM.

            Comment

            • #7
              Dvrjon
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Nov 2012
              • 11275

              Originally posted by Findout
              You have to be 21 years old to acquire a handgun in California, so an 18 year old would not be able to at all.

              As for the rest, I can't say.
              But the Penal Code CAN say.

              27875. Section 27545 does not apply to the transfer of a handgun,
              and commencing January 1, 2014, any firearm, by gift, bequest,
              intestate succession, or other means from one individual to another,
              if all of the following requirements are met:
              (a) The transfer is infrequent, as defined in Section 16730.
              (b) The transfer is between members of the same immediate family.
              (c) Within 30 days of taking possession of the firearm, the person
              to whom it is transferred shall forward by prepaid mail, or deliver
              in person to the Department of Justice, a report that includes
              information concerning the individual taking possession of the
              firearm, how title was obtained and from whom, and a description of
              the firearm in question. The report forms that individuals complete
              pursuant to this section shall be provided to them by the Department
              of Justice.
              (d) The person taking title to the firearm shall first obtain a
              handgun safety certificate, if the firearm is a handgun.
              (e) The person receiving the firearm is 18 years of age or older.

              Cheers.

              JR

              Comment

              • #8
                stix213
                AKA: Joe Censored
                CGN Contributor - Lifetime
                • Apr 2009
                • 18998

                Originally posted by Findout
                You have to be 21 years old to acquire a handgun in California, so an 18 year old would not be able to at all.

                As for the rest, I can't say.
                Owning is legal, buying through an FFL is not, but buying is not the only way to acquire.

                My understanding is you'll need to get your HSC, and then pay the $19 and file the form already linked above.

                Comment

                • #9
                  Timthetwin
                  Senior Member
                  • Sep 2012
                  • 668

                  What if the handgun(s) were given a few years ago, and said individual has just looked into registering them?
                  Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.-Groucho Marx

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                  • #10
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44630

                    Originally posted by Timthetwin
                    What if the handgun(s) were given a few years ago, and said individual has just looked into registering them?
                    The hypothetical grandparents should have asked about this at the time they hypothetically thought to give a handgun to a minor.

                    (You do realize, I hope, that questions in more detail tend to shrink that 'hypothetical' fig-leaf quite a bit.)
                    Last edited by Librarian; 06-26-2013, 4:44 PM.
                    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

                    • #11
                      Timthetwin
                      Senior Member
                      • Sep 2012
                      • 668

                      Originally posted by Librarian
                      The hypothetical grandparents should have asked about this at the time they hypothetically thought to give a handgun to a minor.

                      (You do realize, I hope, that questions in more detail tend to shrink that 'hypothetical' fig-leaf quite a bit.)

                      No minors were involved. hahah yes the fig leaf is hypothetically shrinking.
                      Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.-Groucho Marx

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                      • #12
                        Dvrjon
                        CGN/CGSSA Contributor - Lifetime
                        CGN Contributor - Lifetime
                        • Nov 2012
                        • 11275

                        Hypothetically, the hypothesizer would hypothesize that hypothetical intra-familial transfers are hypothetically analogous to actual registration requirements under sections 27560 or 27565 for persons bringing firearms into California. In those real, non-hypothetical situations, if the non-hypothetical individual fails to meet the deadline for submission section 27570 applies:

                        Section 27570:
                        (a) It is the intent of the Legislature that a violation of
                        Section 27560 or 27565 shall not constitute a "continuing offense"
                        and the statute of limitations for commencing a prosecution for a
                        violation of Section 27560 or 27565 commences on the date that the
                        applicable grace period specified in Section 27560 or 27565 expires.
                        (b) Sections 27560 and 27565 shall not apply to a person who
                        reports ownership of a handgun after the applicable grace period
                        specified in Section 27560 or 27565 expires if evidence of that
                        violation arises only as the result of the person submitting the
                        report described in Section 27560 or 27565.


                        So, real people filing intra-familial transfers either file the paperwork with real dates and expect the same consideration shown in 27570, or file the paperwork with dates of receipt that are within the dates of deadline for filing.

                        Or pose another stupid, transparent hypothetical question.

                        You, a non-hypothetical individual gets to decide if your integrity is or is not hypothetical.

                        Cheers.

                        JR

                        (If you do not get it, I HATE hypothetical constructs)

                        But the hypothetical fig leaf still has me chuckling.
                        Last edited by Dvrjon; 06-26-2013, 10:46 PM.

                        Comment

                        • #13
                          p7m8jg
                          Senior Member
                          • Dec 2007
                          • 1914

                          GEt an HSC. Send in the intra-familial form and a check for $19.

                          Done.

                          Comment

                          • #14
                            DFence
                            • Feb 2012
                            • 1368

                            Originally posted by Findout
                            You have to be 21 years old to acquire a handgun in California, so an 18 year old would not be able to at all.

                            As for the rest, I can't say.
                            Why attempt to give advice when you are mis-informed? Spreading this stuff es no bueno.
                            Its not paranoid.....its prepared.

                            NRA Certified Pistol/Rifle/Shotgun/PPIH/PPOH Instructor | NRA Certified RSO | NRA Life Member | GSSF Life Time Member | Surefire Low Light Instructor | Glock Certified Armorer | Utah CCW Instructor | Nevada CCW Instructor

                            Comment

                            • #15
                              Dvrjon
                              CGN/CGSSA Contributor - Lifetime
                              CGN Contributor - Lifetime
                              • Nov 2012
                              • 11275

                              Originally posted by DFence
                              Why attempt to give advice when you are mis-informed? Spreading this stuff es no bueno.
                              Often, one does not know what one does not know until one expresses what one knows.

                              Ya' know?

                              JR

                              "Once you stop learning, you start dying."

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