Family member transfer 15 years ago

[WArtC]

I moved from CA in 2001 so I am not up to date on CA laws.
My son joined the military in '02 and gave his Mossberg 500 to my brother to store it. In '05 my son bought property and permanently put down roots on the east coast. Told my brother he could keep the shotgun.
Question: was that a legal transfer in '05?
If not, how to rectify with least amount of flak?
Thanks

[Quiet]

I moved from CA in 2001 so I am not up to date on CA laws.
My son joined the military in '02 and gave his Mossberg 500 to my brother to store it. In '05 my son bought property and permanently put down roots on the east coast. Told my brother he could keep the shotgun.
Question: was that a legal transfer in '05?
If not, how to rectify with least amount of flak?
Thanks

Since 01-01-1991, private party transfers of firearms were required to be done through a CA FFL dealer.

Since 01-01-1993, "immediate family members" were exempt from this requirement.

However, "immediate family members" are limited to grandparent-parent-child-grandchild relationships.

A uncle - nephew relationship does not qualify as an immediate family member. So, transfers between them must be done through a CA FFL dealer.

If your brother had access to the firearm (it was not in a locked container that he did not have the key/combo for), then your son and your brother (his uncle) committed an illegal firearm transfer in 2002.

If your brother did not have access to the firearm (it was in a locked container that he did not have the key/combo for), then your son and your brother (his uncle) committed an illegal firearm transfer in 2005.

Statue of limitations is 3 years.

If your brother wants it to be clear that he owns the firearm, then...

Option A.
He submits a Firearm Ownership Report (BOF 4542A), via USPS or CFARS, to CA DOJ BOF and within 4-64 weeks, CA DOJ BOF will mail him an acknowledgement letter.

Option B.
Your son delivers the firearm to a CA FFL dealer, who then transfers (4473/DROS/10 day wait) the firearm to your brother.

[edgerly779]

No not legal in 05 but statute of limitations has run so no issues .

[lastinline]

If it’s not in the California AFS, then option “C” (do nothing) would be a better way to go. Why muddy the waters at this point?

[lastinline]

No not legal in 05 but statute of limitations has run so no issues .

Does the statue of limitations of three years apply to all illegal gun transfers between residents of California, provided that the weapon itself is not otherwise prohibited?

[WArtC]

OK. Thanks Quiet and edgerly779.
I'll pass the word.
I tend to agree with you lastinline but it's not my call!

[pacrat]

Does the statue of limitations of three years apply to all illegal gun transfers between residents of California, provided that the weapon itself is not otherwise prohibited?

Correct, with the further caveat that only IF the receiver of the transfer [uncle] is somehow a "prohibited person". Then it would be considered an "ongoing crime" and be a chargeable offense. Even 12 yrs after SOL has expired.