Gift letter advice

[stingray4540]

In order to get in before the new 2014 law, I will be giving my daughter her first rifle and shotgun this year for her birthday. Being that she is pretty young, I want to fill out a couple of gift letters so she doesn't have any problems down the road. I imagine it might be hard for someone to believe you have an unregistered gun when registration is almost as old as you are.
The plan is to mail two copies to myself. One for her to keep with the firearms, and another to keep sealed if needed to be given to a judge if it ever went that far.

Anyways, this is what I have so far. Could you more legal minded people give it a looksy and let me know what you think? Good enough?
Should I get it notarized or is mailing it to myself good enough?

__________________________________________________ ________

GIFT LETTER

I, _______________________________, do hereby certify the following:

(1) I have made a gift of the firearm listed below, to __________________
Whose relationship is: ____________________________

(2) No repayment of the gift is expected or implied in the form of cash or by future services of the recipient.

Firearm description:
Make:_______________________________
Model:______________________________
Serial Number:________________________

_____________________________
Donor Signature
_____________________________
Donor Name (Print or Type)
_____________________________
_____________________________
Donor Address
_(___)________________________
Donor Phone Number

WARNING: My signature above indicates that I fully understand that it is a Federal Crime punishable by fine, imprisonment, or both to knowingly make any false statement concerning any of the above facts as applicable under the provision of Title 18, United States Code, Section 1012 and 1014.

[radgokart]

Always get important things notarized. If you get it notarized, there's no reason to have to mail it to yourself (which isn't taken seriously in court anyway).

[john67elco]

I got mine noterized as well back Dec.

[sl0re10]

How old does the child have to be?

[stingray4540]

How old does the child have to be?

As far as I can find, the law does not specify an age, but since abortion is legal, I imagine they have to be out of the womb at least...



Guess, I'll just get them notarized I guess. To bad my wife can't do it. You'd think it would be convenient to be married to a notary.

[radgokart]

How old does the child have to be?

I did a quick search of the cgf wiki, and it says that you can essentially loan a long gun to your own child for an unlimited amount of time per 12078(p)(4)PC but I didn't see anything about ownership, just that a minor cant buy it themselves.

[Lone_Gunman]

This is the format I used.


DECLARATION


I (NAME), do hereby gift the following rifle, to my (son/daughter)

(NAME), on this _______ day of ________, 2013.

Rifle:
Make
Model
Caliber
Serial No.

Signed:_________________________________________ Date:_____________



State of ____________________ County/City of ___________________________


Sworn to and subscribed before me this________ day of ___________, 20______


Notary Public: ______________________ My commission expires ____________

[Mssr. Eleganté]

How old does the child have to be?

Today, for a handgun the child has to be at least 18 years old. For a long gun there is no age requirement.

Starting next year, the child has to be at least 18 years old for a handgun or a long gun.

[sl0re10]

Today, for a handgun the child has to be at least 18 years old. For a long gun there is no age requirement.

Starting next year, the child has to be at least 18 years old for a handgun or a long gun.

Ok; thanks.

[Dvrjon]

References for you:
Possession

29610. A minor shall not possess a pistol, revolver, or other
firearm capable of being concealed upon the person.

No age constraint on rifles or shotguns for minors (that changes on 1/1/2014)

Transfer Requirements

27545. Where neither party to the transaction holds a dealer's
license issued pursuant to Sections 26700 to 26915, inclusive, the
parties to the transaction shall complete the sale, loan, or transfer
of that firearm through a licensed firearms dealer pursuant to
Chapter 5 (commencing with Section 28050).

Exceptions

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.

"Infrequent Defined"

16730. (a) As used in Section 31815 and in Division 6 (commencing
with Section 26500) of Title 4, "infrequent" means:
(1) For handguns, less than six transactions per calendar year.
(2) For firearms other than handguns, occasional and without
regularity.
(b) As used in Section 27900, the term "infrequent" shall not be
construed to prohibit different local chapters of the same nonprofit
corporation from conducting auctions or similar events, provided the
individual local chapter conducts the auctions or similar events
infrequently. It is the intent of the Legislature that different
local chapters, representing different localities, be entitled to
invoke the exemption created by Section 27900, notwithstanding the
frequency with which other chapters of the same nonprofit corporation
may conduct auctions or similar events.
(c) As used in this section, "transaction" means a single sale,
lease, or transfer of any number of handguns.

JR

[smogcity]

Is a transfer from spouse to spouse the same as from parent to child?

[AKSOG]

Would it not be better just to open a trust and name them as a trustee?

[Decoligny]

Definitely do not rely on a letter mailed to yourself.

If a sealed letter was a valid legal document proving anything, I could easily mail an open empty envelope to myself, then seal in the sheet music for the latest hit, and then wait a while and claim I wrote the song and get millions of dollars paid to me. Not going to happen. A sealed envelope with a post mark means NOTHING.

GO SEE A NOTARY.

[Mssr. Eleganté]

Is a transfer from spouse to spouse the same as from parent to child?

It's handled the same, but it relies on a different exemption in the Penal Code. Parent to child is considered a "family" exemption while spouse to spouse is considered an "operation of law" exemption. The form for reporting both types of transfers (of handguns) is the same.

[Dvrjon]

Is a transfer from spouse to spouse the same as from parent to child?

She owns half your stuff now. Why give her more?

Mssr. Elegante is correct as it regards handguns to spouses. However, PC 27870, above, still (until 1/1/2014) controls for rifles and shotguns.