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Ca. Op Law form Intra-Familial transfer

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  • joepamjohn
    Veteran Member
    • Apr 2009
    • 2703

    Ca. Op Law form Intra-Familial transfer

    Last edited by joepamjohn; 07-18-2024, 7:33 AM.
    "You can't handle the truth"
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44624

    The form has the identifying information for the gun(s); once filed, the process is supposed to attach that gun info to the new owner info in the state's Automated Firearms System (AFS) database.

    I say 'supposed to' because I see things that suggest the DOJ may be having the occasional problem doing that.

    But, the paperwork documents a transfer that has already happened, so your offspring may take possession and use immediately. Law for CCW now says that guns must be listed to the CCW holder in AFS, so would have to wait for that process to successfully complete.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      RickD427
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Jan 2007
      • 9249

      The guns don't "get out of your name"

      The AFS is a historical record only. It will forever maintain a record that the guns were associated with your name on the date of a DROS, Voluntary Registration, etc. All that occurs when the Intra-Familial Transfer Form is processed is that an additional record will be created showing the weapons associated with your kids on the date of the transfer.
      If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

      Comment

      • #4
        Dvrjon
        CGN/CGSSA Contributor - Lifetime
        CGN Contributor - Lifetime
        • Nov 2012
        • 11200

        https://oag.ca.gov/system/files/media/bof-4546.pdf

        Comment

        • #5
          Dvrjon
          CGN/CGSSA Contributor - Lifetime
          CGN Contributor - Lifetime
          • Nov 2012
          • 11200

          Comment

          • #6
            joepamjohn
            Veteran Member
            • Apr 2009
            • 2703

            "You can't handle the truth"

            Comment

            • #7
              RickD427
              CGN/CGSSA Contributor - Lifetime
              CGN Contributor - Lifetime
              • Jan 2007
              • 9249

              The AFS exists as a "Database." There are no "Accounts." Each AFS record is a discrete piece of information that contains the type of record, the date of the record, persons associated with the record, and firearms associated with the record. The AFS can be queried on any combination of the data fields. If I run your name through AFS, I'll get a return listing all records containing your name. If I run your kid's name, I'll get a listing of all records containing his/her name. Let's say you have a gun that was DROS'd to your name, and you subsequently transferred it to your kid using the intra-familiar process. If I run your name, I'll see the gun, but I will not see your kid's name. If I run your kid's name, I'll see the gun, but I will not see your name. If I run the gun, I'll see both your name and your kid's name.
              If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.

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              • #8
                joepamjohn
                Veteran Member
                • Apr 2009
                • 2703

                "You can't handle the truth"

                Comment

                • #9
                  BAJ475
                  Calguns Addict
                  • Jul 2014
                  • 5029

                  I believe that there is a maximum period that you can loan a firearm. On the other hand, who knows when that period began!

                  Comment

                  • #10
                    Dvrjon
                    CGN/CGSSA Contributor - Lifetime
                    CGN Contributor - Lifetime
                    • Nov 2012
                    • 11200

                    Originally posted by BAJ475
                    I believe that there is a maximum period that you can loan a firearm. On the other hand, who knows when that period began!
                    30 days. https://law.justia.com/codes/califor...section-27880/

                    Comment

                    • #11
                      MountainLion
                      Member
                      • Sep 2009
                      • 484

                      Incorrect, on many grounds.

                      First, if you give them a gun (transfer ownership), you need to fill out that intra-familiar transfer form. This is the law. If you don't follow the law, there could be consequences, both for you and for the receiver.

                      Second, something does change. Namely a new and additional AFS record is created that says that you are no longer the owner of the gun, and that the recipient is the owner. If a knowledgeable person (see RickD427's comment above) reads the AFS records, they can determine from that who the current legal owner is. They can also see the history of ownership.

                      Third, loans are restricted, and you can not give someone a "permanent loan" of a gun under the law.
                      meow

                      Comment

                      • #12
                        Quiet
                        retired Goon
                        • Mar 2007
                        • 30239

                        Under CA laws...

                        Unless exempt, loans of a firearm must be done through a CA FFL dealer. [PC 27545]
                        It will essentially be processed as a type of PPT (4473/DROS/10 day wait) and when the loan is done, it need to be transferred (4473/DROS/10 day wait) back through the CA FFL dealer that processed it in the first place.

                        A loan to a spouse/registered domestic partner or to a qualifying family member is exempt from needing to be done through a CA FFL dealer. [PC 27880]
                        However, in order to qualify for this exemption:
                        1. The lendee is the lender's spouse/registered domestic partner or grandparent or parent or sibling or child or grandchild or an in-law variation of previously mentioned relations or a step variation of the previously mentioned relations.
                        2. The loan is infrequent (less than 6 time per calendar year).
                        3. The loan is for less than 31 days.
                        4. The lendee has a valid FSC or exemption to the FSC.
                        5. The firearm is registered to the lender.

                        Therefore...
                        If the loan is to a person that is not the lender's spouse/registered domestic partner or eligible family member, then it needs to be done through a CA FFL dealer.
                        If the loan is frequent, then it needs to be done through a CA FFL dealer.
                        If the loan is for more than 30 days, then it needs to be done through a CA FFL dealer.
                        If the firearm is not registered to the lender, then it needs to be done through a CA FFL dealer.
                        Last edited by Quiet; 07-19-2024, 8:55 PM.
                        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).

                        Comment

                        • #13
                          BAJ475
                          Calguns Addict
                          • Jul 2014
                          • 5029

                          Originally posted by Quiet
                          Under CA laws...

                          Unless exempt, loans of a firearm must be done through a CA FFL dealer. [PC 27545]
                          It will essentially be processed as a type of PPT (4473/DROS/10 day wait) and when the loan is done, it need to be transferred (4473/DROS/10 day wait) back through the CA FFL dealer that processed it in the first place.

                          A loan to a spouse/registered domestic partner or to a qualifying family member is exempt from needing to be done through a CA FFL dealer. [PC 27880]
                          However, in order to qualify for this exemption:
                          1. The lendee is the lender's spouse/registered domestic partner or grandparent or parent or sibling or child or grandchild or an in-law variation of previously mentioned relations or a step variation of the previously mentioned relations.
                          2. The loan is infrequent (less than 6 time per calendar year).
                          3. The loan is for less than 31 days.
                          4. The lendee has a valid FSC or exemption to the FSC.
                          5. The firearm is registered to the lender.

                          Therefore...
                          If the loan is to a person that is not the lender's spouse/registered domestic partner or eligible family member, then it needs to be done through a CA FFL dealer.
                          If the loan is frequent, then it needs to be done through a CA FFL dealer.
                          If the loan is for more than 30 days, then it needs to be done through a CA FFL dealer.
                          If the firearm is not registered to the lender, then it needs to be done through a CA FFL dealer.
                          Just proves how FU Cal is compared to free states!

                          Comment

                          • #14
                            ABR
                            Senior Member
                            • May 2015
                            • 1124

                            I just gave my son a Sig 220 Equinox on Friday for his birthday. It was given to me from my wife for my birthday 20 years ago.
                            That and 1K rounds of .45 and 50 rounds of HST .45. He was thrilled to tears. No paperwork here in North Idaho.
                            sigpic
                            "Leave the gun, take the cannoli"

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