Intrastate intrafamilial handgun transfer

[Sharp108]

Short and simple question.

Dad bought a glock 17 from an FFL the other day, he wants to give it to me for Christmas.

I'm 18 and can't legally purchase a handgun from an FFL, but can we legally do an intrafamilial handgun transfer and fill out the doj form and send it in with $19 without going through an FFL?

Or is that not legal and I just can't own a handgun no matter what until I turn 21. If this is the case, can I still take the handgun to the range without my dad present even though it's in his name still?

[Librarian]

'Intrastate' == both father and son live in CA

Just putting that up top, since I read it as 'interstate' first pass.

Yes, your CA dad can give you a handgun or long gun, no FFL required - get your FSC (the form requires the number) and file the form, or submit through CFARS - https://cfars.doj.ca.gov/login.do

[Sharp108]

'Intrastate' == both father and son live in CA

Just putting that up top, since I read it as 'interstate' first pass.

Yes, your CA dad can give you a handgun or long gun, no FFL required - get your FSC (the form requires the number) and file the form, or submit through CFARS - https://cfars.doj.ca.gov/login.do

Yeah we both live in CA.

Just confirming, we can indeed go through CFARS even though I'm only 18?

[Librarian]

Yeah we both live in CA.

Just confirming, we can indeed go through CFARS even though I'm only 18?

I'm not in CFARS; does it ask for the person's age?

[Sharp108]

I'm not in CFARS; does it ask for the person's age?

It asks for date of birth

[Librarian]

It asks for date of birth

It's legal for a parent/grandparent to transfer a handgun to under-21; intrafamilial is essentially the only way that can work in CA.

[SkyHawk]

As noted, but for emphasis - you need a Firearms Safety Certificate. If you don't have one, you need to go to a gun store and take the test. Then you can use CFARS to file the form, which will ask for the FSC number.

[Sharp108]

As noted, but fir emphasis - you need a Firearms Safety Certificate.

Rodger, I got mine earlier this year.

[Illumi Naughty]

Good luck buying ammo though, most stores require you to be 21+ to buy pistol ammo. Walmart, Big 5, quite a few big chain stores have that as their policy. You might find better luck going to a Local Gun Store to get ammo, or have your dad get you some as well.

[Chewy65]

Good luck buying ammo though, most stores require you to be 21+ to buy pistol ammo. Walmart, Big 5, quite a few big chain stores have that as their policy. You might find better luck going to a Local Gun Store to get ammo, or have your dad get you some as well.

It isn't a matter of store policy.

PC 30300.

(a) Any person, corporation, or dealer who does any of the following shall be punished by imprisonment in a county jail for a term not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both the imprisonment and fine:

(1) Sells any ammunition or reloaded ammunition to a person under 18 years of age.

(2) Sells any ammunition or reloaded ammunition designed and intended for use in a handgun to a person under 21 years of age. Where ammunition or reloaded ammunition may be used in both a rifle and a handgun, it may be sold to a person who is at least 18 years of age, but less than 21 years of age, if the vendor reasonably believes that the ammunition is being acquired for use in a rifle and not a handgun.

(3) Supplies, delivers, or gives possession of any ammunition to any minor who the person, corporation, or dealer knows, or using reasonable care should know, is prohibited from possessing that ammunition at that time pursuant to Chapter 1 (commencing with Section 29610) of Division 9 of Title 4 of Part 6.

(b) Proof that a person, corporation, or dealer, or his or her agent or employee, demanded, was shown, and acted in reasonable reliance upon, bona fide evidence of majority and identity shall be a defense to any criminal prosecution under this section.

[Gun Kraft]

Note that in 2018 you can still give ammo from one immediate family member to another. So just have your dad buy all your ammo.

[Sharp108]

It's legal for a parent/grandparent to transfer a handgun to under-21; intrafamilial is essentially the only way that can work in CA.

Now, i know this is a week later. But is there anywhere I can confirm that my dad is in fact allowed to transfer me (18) his glock 17, is there any penal code or any official statements regarding the matter? I don't want to submit this form and then have the police showing up at my door.

edit: i should note that i was talking with my local ffl dealer and he said that i have to be 21 to be transferred a handgun no matter what, so at this point im not sure who to ****ing believe lol..

[edgerly779]

Your local ffl is an idiot and illiterate. name the fool so I can send him the statute in big letters. (LOL)

[Librarian]

Now, i know this is a week later. But is there anywhere I can confirm that my dad is in fact allowed to transfer me (18) his glock 17, is there any penal code or any official statements regarding the matter? I don't want to submit this form and then have the police showing up at my door.

edit: i should note that i was talking with my local ffl dealer and he said that i have to be 21 to be transferred a handgun no matter what, so at this point im not sure who to ****ing believe lol..

Here's the chain:

Penal Code 26500:

(a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1 (commencing with Section 26700 ) and Article 2 (commencing with Section 26800 ) of Chapter 2.

(b) Any person violating this article is guilty of a misdemeanor.

Here's the exception to using an FFL, Penal Code 26505

Section 26500 does not apply to the sale, lease, or transfer of any firearm by any of the following:

(a) A person acting pursuant to operation of law.

(b) A person acting pursuant to a court order.

(c) A person acting pursuant to the Enforcement of Judgments Law (Title 9 (commencing with Section 680.010 ) of Part 2 of the Code of Civil Procedure).

(d) A person who liquidates a personal firearm collection to satisfy a court judgment.

Here's the specific Operation of Law in question - first, the requirement to use a dealer, Penal Code 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 ).

Then, the exception to that requirement, Penal Code 27875

(a)  Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:

(1) The transfer is infrequent, as defined in Section 16730 .

(2) The transfer is between members of the same immediate family.

(3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, 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 reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.

(4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.

(5) The person receiving the firearm is 18 years of age or older.

The 'report' at (3) is the OPLAW form (or the CFARS entry).

And, confirming that 18 can possess and use, Penal Code 25605

(a)  Section 25400 and Chapter 6 (commencing with Section 26350) of Division 5 shall not apply to or affect any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800 ) or Chapter 3 (commencing with Section 29900 ) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code , who carries, either openly or concealed, anywhere within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident, any handgun.

(b) No permit or license to purchase, own, possess, keep, or carry, either openly or concealed, shall be required of any citizen of the United States or legal resident over the age of 18 years who resides or is temporarily within this state, and who is not within the excepted classes prescribed by Chapter 2 (commencing with Section 29800 ) or Chapter 3 (commencing with Section 29900 ) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code , to purchase, own, possess, keep, or carry, either openly or concealed, a handgun within the citizen's or legal resident's place of residence, place of business, or on private property owned or lawfully possessed by the citizen or legal resident.

(c) Nothing in this section shall be construed as affecting the application of Sections 25850 to 26055 , inclusive.

I suspect the FFL with whom you are talking is mistakenly confusing the legal barrier, both Federal and CA, to an FFL transferring a handgun to under 21 into a general prohibition.

[Sharp108]

Here's the chain:

Penal Code 26500: Here's the exception to using an FFL, Penal Code 26505

Here's the specific Operation of Law in question - first, the requirement to use a dealer, Penal Code 27545
Then, the exception to that requirement, Penal Code 27875 The 'report' at (3) is the OPLAW form (or the CFARS entry).

And, confirming that 18 can possess and use, Penal Code 25605

I suspect the FFL with whom you are talking is mistakenly confusing the legal barrier, both Federal and CA, to an FFL transferring a handgun to under 21 into a general prohibition.

WOW, thank you sir for taking the time to put that all together for me. I appreciate it very much. I feel much better now about submitting the transfer.