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Intra familial transfer of handguns to 18 year old

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  • hawaii five-0
    Senior Member
    • Dec 2007
    • 706

    Intra familial transfer of handguns to 18 year old

    Last edited by hawaii five-0; 07-10-2024, 7:38 AM.
  • #2
    Quiet
    retired Goon
    • Mar 2007
    • 30239

    Under Federal laws...

    The transfer of firearms between residents of different States must be done through a FFL. [18 USC 922(a)(3),(5)]
    There is no intra-familial or gift exemption to these Federal laws.
    Failure to utilize a FFL equates to a Federal felony for everyone involved with the transfer. [18 USC 924(a)(1)(D)]

    A FFL cannot legally transfer a firearm to a person under the age of 21. [18 USC 922(b)(1)]
    An exemption to this is granted if the firearm is a Title 1 Rifle or a Title 1 Shotgun and the person is age 18-20. [18 USC 922(b)(1)]

    Under CA laws...

    A CA resident must utilize a CA FFL dealer to legally import firearms they acquire in another State into CA. [PC 27585(a)]
    There is no intra-familial exemption to these CA laws.
    Failure to utilize a CA FFL dealer equates to a misdemeanor per long gun [PC 27590(a)] and a felony per handgun [PC 27590(c)(7)]

    A CA FFL dealer cannot legally transfer a firearm to a person under the age of 21. [PC 27510(a)]
    An exemption to this is granted if the firearm is a shotgun or manually operated rifle or semi-auto rimfire rifle and the person is age 18-20 with a valid CA hunting license. [PC 27510(b)(1)]

    All firearm transfers within CA must be done through a CA FFL dealer. [PC 27545]
    An exemption to this is granted for an intra-familial transfer between CA residents. [PC 27875(a)]
    In order to qualify for the intra-familial transfer exemption all of the following conditions must be met:
    1. The transfer is between immediate family members (grandparent-parent-child-grandchild). [PC 275875(a)(2)]
    2. The transfers are infrequent (less than 6 transaction in a calendar year, up to 50 firearms pre calendar year). [PC 27875(a)(1)]
    3. The immediate family member receiving the firearm is 18 years of age or older. [PC 27875(a)(5)]
    4. The immediate family member receiving the firearm has a valid FSC or exemption to the FSC. [PC 27875(a)(4)]
    5. Within 30 days of receiving the firearm, the immediate family member reports the transfer to CA DOJ BOF. [PC 27875(a)(3)]

    Therefore, in order to be legal under Federal and CA laws...

    If all of the immediate family members are not CA residents, then the transfer must be done through a CA FFL dealer and the CA resident immediate family member receiving the firearm must be 21 years of age or older.

    If all of the immediate family members are CA residents and the immediate family member receiving the firearm is 18 years of age or older and has a valid FSC, then the firearm is exempt from needing to be transferred through a CA FFL dealer.

    In order for this transfer to be legally conducted; the CA resident immediate family member hands the CA legal firearm to their CA resident immediate family member and within 30 days, the CA resident immediate family member that received the firearm submits a completed Report of Intra-Familial Firearm Transaction to CA DOJ BOF.

    Firearms transferred via the intra-familial exemption must be CA legal and cannot include any large capacity magazines.
    CA legal meaning it is not prohibited by CA assault weapons laws or CA generally prohibited weapons laws (SBR, SBS, etc).
    Last edited by Quiet; 07-10-2024, 3:14 AM.
    sigpic

    "If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun." - Dalai Lama (Seattle Times, 05-15-2001).

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    • #3
      hawaii five-0
      Senior Member
      • Dec 2007
      • 706

      Thank you for the detailed reply. I had previously received conflicting information in regards to the handguns. Both parties are Ca residents, my son is 18/has valid FSC, there will be less than 50 firearms, intra-familial transfer will be one time event, and all firearms are legal to own/transfer in Ca. I see no listed reason the intra-familial transfer of handguns to 18 year old cannot legally take place.
      Last edited by hawaii five-0; 07-10-2024, 5:49 AM.

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