Late intrafamily transfer + gift

[Frisco3Gun]

Alright, I did a hefty bit of searching but never quite came across my specific scenario. This one will be a good test of CalGun's collective CA knowledge . If I can't get a straight answer here, might be over to an attorney knowledgeable in CA gun laws.

I bought a 1911 back in 2017 while a resident of CA. I gifted it to my father after he gave me a truck to set out on life with in ~2018. From what I understand he did not complete the intrafamily transfer + $19 to the DoJ. Now he is interested in passing it on to a friend of his as a gift.

From what I've read, there isn't a "time limit" for completing the DoJ form even though it says within 30 days of transfer. If he sets out to complete this form with a backdate of ~2018, would he need to wait until he gets a completed letter back from the DoJ before attempting to transfer via FFL to his friend? From what I've read he'd have up to a good ~year wait on his hands until then.

Before you ask.. 1) I am now a resident of Tennessee and 2) the handgun in question is off-roster. Both of those obviously present issues in the context of who the registered owner of the gun is to the CA DoJ

[morrcarr67]

Alright, I did a hefty bit of searching but never quite came across my specific scenario. This one will be a good test of CalGun's collective CA knowledge . If I can't get a straight answer here, might be over to an attorney knowledgeable in CA gun laws.

I bought a 1911 back in 2017 while a resident of CA. I gifted it to my father after he gave me a truck to set out on life with in ~2018. From what I understand he did not complete the intrafamily transfer + $19 to the DoJ. Now he is interested in passing it on to a friend of his as a gift.

From what I've read, there isn't a "time limit" for completing the DoJ form even though it says within 30 days of transfer. If he sets out to complete this form with a backdate of ~2018, would he need to wait until he gets a completed letter back from the DoJ before attempting to transfer via FFL to his friend? From what I've read he'd have up to a good ~year wait on his hands until then.

Before you ask.. 1) I am now a resident of Tennessee and 2) the handgun in question is off-roster. Both of those obviously present issues in the context of who the registered owner of the gun is to the CA DoJ

None of that matters.

Your dad could complete the for but if he is planning on giving it to someone else there's no point.

They don't check the seller in a PPT to see if the firearm is registered to them. All they do is check the buyer to make sure they can own it and check to make sure the firearm is not reported as stolen.

Just have him got to his favorite LGS and transfer the gun to his friend.

[Librarian]

From what I've read, there isn't a "time limit" for completing the DoJ form even though it says within 30 days of transfer. If he sets out to complete this form with a backdate of ~2018, would he need to wait until he gets a completed letter back from the DoJ before attempting to transfer via FFL to his friend? From what I've read he'd have up to a good ~year wait on his hands until then.

I think morrcarr has the practical answer.

As to the remaining question, above, NO, one does not have to wait for any acknowledgement. The legal requirement is satisfied by submitting the information in a manner specified by CA-DOJ, the form or through CFARS - the intrafamilial transfer docs record a transfer that has already occurred.

I have not heard of it happening, but the date could be enforced, so shouldn't dismiss that. It's the New Resident report that has the date-mulligan.

[Frisco3Gun]

Thanks guys, was hoping it was simpler than I was making it out to be.

[pacrat]

None of that matters.

Your dad could complete the for but if he is planning on giving it to someone else there's no point.

They don't check the seller in a PPT to see if the firearm is registered to them. All they do is check the buyer to make sure they can own it and check to make sure the firearm is not reported as stolen.

Just have him got to his favorite LGS and transfer the gun to his friend.

^^^As well as what is said here^^^ And what Librarian added.

The "STATUTE OF LIMITATIONS' has expired on you Dad's minor indiscretion.

He can keep it, sell it, or any other lawful action, in relation to your gift to him, of OVER 3 YRS AGO.