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Ca. Op Law form Intra-Familial transfer
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Ca. Op Law form Intra-Familial transfer
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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Frozen in 2015, it is falling out of date and I can no longer edit the content.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! -
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
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"You can't handle the truth"Comment
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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.👍 2Comment
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"You can't handle the truth"Comment
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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.meowComment
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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
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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.Comment
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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"Comment
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