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Handgun Inter-familial Transfer question?

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  • adamkdoiron
    Member
    • Jan 2013
    • 230

    Handgun Inter-familial Transfer question?

    Hey everyone, I was curious if you could direct me to the process of doing an inter familial transfer, i.e my Dad wants to transfer me one of his handguns.

    Also I am 18, but from what I can tell that is legal to transfer, no?


    thanks,

    -Adam
  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44627

    See the wiki -- http://wiki.calgunsfoundation.org/Tr...Family_Members

    Easy if you both live in CA. Impossible for 18s who live in CA but parents out of CA.
    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    Frozen in 2015, it is falling out of date and I can no longer edit the content.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
      adamkdoiron
      Member
      • Jan 2013
      • 230

      Originally posted by Librarian
      See the wiki -- http://wiki.calgunsfoundation.org/Tr...Family_Members

      Easy if you both live in CA. Impossible for 18s who live in CA but parents out of CA.
      thank you for the link, ill get onto it, can you submit a form before you are 18 and specify as such? so say it arrives on my birthday (i am 18 in less then a week, but leaving on a trip a few days after and wish to take it with me north to my family in oregon)

      Comment

      • #4
        adamkdoiron
        Member
        • Jan 2013
        • 230

        also it says the HSC card is required for transfer but

        "The Handgun Safety Certificate is required for handgun transfers, even though the Transaction Report has no place to record the HSC number or other verification that the receiver has the HSC."


        sooo whats the deal with that? Can i transfer it before i get one, and then go get it from the gunshop?

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30241

          Originally posted by adamkdoiron
          also it says the HSC card is required for transfer but

          "The Handgun Safety Certificate is required for handgun transfers, even though the Transaction Report has no place to record the HSC number or other verification that the receiver has the HSC."


          sooo whats the deal with that? Can i transfer it before i get one, and then go get it from the gunshop?
          You need a HSC prior to receiving the handgun.

          Report of Operation of Law or Intra-Familail Firearm Transaction
          Section A. bottom right box, is where you write down your HSC information.

          The wiki is referring to the old form, which did not have a place to write in the HSC info.
          Last edited by Quiet; 06-30-2014, 4:10 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

          • #6
            ke6guj
            Moderator
            CGN Contributor - Lifetime
            • Nov 2003
            • 23725

            is the handgun currently in CA with your CA-resident father? If so, once you turn 18, you can go to a local gunshop and get an HSC card (the law allows you to get one once you turn 18 even though not all gunshops know this or are willing to issue you one). and the new intrafamily transfer form does have a spot for you to list the required HSC number on it.

            since you can't get the HSC until you turn 18, you can't submit the form early. you will have to wait until you are 18 to receive the handgun from your CA-father.

            now, if the father and handgun are in OR, then you have to wait until you are 21 to get that handgun from him.
            Jack



            Do you want an AOW or C&R SBS/SBR in CA?

            No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

            Comment

            • #7
              adamkdoiron
              Member
              • Jan 2013
              • 230

              Originally posted by ke6guj
              is the handgun currently in CA with your CA-resident father? If so, once you turn 18, you can go to a local gunshop and get an HSC card (the law allows you to get one once you turn 18 even though not all gunshops know this or are willing to issue you one). and the new intrafamily transfer form does have a spot for you to list the required HSC number on it.

              since you can't get the HSC until you turn 18, you can't submit the form early. you will have to wait until you are 18 to receive the handgun from your CA-father.

              now, if the father and handgun are in OR, then you have to wait until you are 21 to get that handgun from him.
              Is there a specific law I can show that allows HSC card at 18, the local gunshop near me is notorious for not knowing anything outside of standard FFL practice.


              yah i just printed out the form and saw that, but there will be no 10-day waiting period on this handgun from what i understand because it is a non-ffl transfer correct?

              Comment

              • #8
                adamkdoiron
                Member
                • Jan 2013
                • 230

                nvm found the law for HSC at 18

                question #4

                Firearm Safety Certificate Program Links to Topics below General FAQs FSC Program DOJ Certified Instructor FAQs Firearms Dealers' FAQs Certified Instructor Training (Comparable Entity) FAQs General FAQs What are the Firearm Safety Certificate requirements? What are the exemptions from the Firearm Safety Certificate requirement? If I already have a Handgun Safety Certificate, do I still need a Firearm Safety Certificate?

                Comment

                • #9
                  ke6guj
                  Moderator
                  CGN Contributor - Lifetime
                  • Nov 2003
                  • 23725

                  Originally posted by adamkdoiron
                  Is there a specific law I can show that allows HSC card at 18, the local gunshop near me is notorious for not knowing anything outside of standard FFL practice.
                  you found the FAQ that references the law, but you may still run into ignorant shops. call around and see if you can find one willing to issue you one.

                  yah i just printed out the form and saw that, but there will be no 10-day waiting period on this handgun from what i understand because it is a non-ffl transfer correct?
                  correct, no 10-day wait since there is no dealer involved. on your 18th birthday, go get your HSC and then say "Thanks Pop!!!" when he gifts you a cool handgun. Then fill out the intrafamily transfer form and drop it in the mail. it may take 2-6 months for them to send you confirmation of the registration, but you are all set as soon as you mail it.
                  Jack



                  Do you want an AOW or C&R SBS/SBR in CA?

                  No posts of mine are to be construed as legal advice, which can only be given by a lawyer.

                  Comment

                  • #10
                    adamkdoiron
                    Member
                    • Jan 2013
                    • 230

                    Originally posted by ke6guj
                    you found the FAQ that references the law, but you may still run into ignorant shops. call around and see if you can find one willing to issue you one.


                    correct, no 10-day wait since there is no dealer involved. on your 18th birthday, go get your HSC and then say "Thanks Pop!!!" when he gifts you a cool handgun. Then fill out the intrafamily transfer form and drop it in the mail. it may take 2-6 months for them to send you confirmation of the registration, but you are all set as soon as you mail it.
                    Ok thank you, my dad called a shop before in downtown santa barbara (he wouldnt believe me on the penal codes and wouldnt look) the shop was uninformed like I know them to be, but i called another shop in Ojai who i trust, went over the penal codes with them and he agreed I was ok to do the HSC at 18, and i said I would carry all the penal codes with me and highlight specific sections so as not to have any issues.

                    Now when my dad gets home from work i will have to talk it over with him so he understands. Good thing im obsessive over these laws,

                    i carry with me when i hunt with and have a handgun penal code 29610-29615 which specifically in circumstance (C) allows minor 16-17 allows a minor to be in possession of a handgun with writen consent if participating in the later mentioned activities (hunting...ranching...shooting etc) which not many people know about.
                    Last edited by adamkdoiron; 07-07-2014, 11:17 PM.

                    Comment

                    • #11
                      Quiet
                      retired Goon
                      • Mar 2007
                      • 30241

                      Originally posted by adamkdoiron
                      Ok thank you, my dad called a shop before in downtown santa barbara (he wouldnt believe me on the penal codes and wouldnt look) the shop was uninformed like I know them to be, but i called another shop in Ojai who i trust, went over the penal codes with them and he agreed I was ok to do the HSC at 18, and said to carry all the penal codes with me and highlight specific sections so as not to have any issues.
                      Penal Code 31625
                      (a) A certified instructor shall not issue a handgun safety certificate to any person who has not complied with this article. Proof of compliance shall be forwarded to the department by certified instructors as frequently as the department may determine.
                      (b) A certified instructor shall not issue a handgun safety certificate to any person who is under 18 years of age.
                      (c) A violation of this section shall be grounds for the department to revoke the instructor's certification to issue handgun safety certificates.
                      (d) This section shall remain in effect only until January 1, 2015, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2015, deletes or extends that date.
                      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

                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44627

                        Originally posted by Quiet
                        You need a HSC prior to receiving the handgun.

                        Report of Operation of Law or Intra-Familail Firearm Transaction
                        Section A. bottom right box, is where you write down your HSC information.

                        The wiki is referring to the old form, which did not have a place to write in the HSC info.
                        wiki is corrected now - thanks.
                        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

                        • #13
                          adamkdoiron
                          Member
                          • Jan 2013
                          • 230

                          Originally posted by Librarian
                          wiki is corrected now - thanks.
                          awesome thanks guys, talked to my dad, he understands, so next monday when i turn 18, im going to get my HSC fill out the form and send er' off to the capital.

                          I will be in and out of california, even though i am going to school in arizona, so i figure it best to do it this way, id rather not register it to me, but it seems a more sketchy proccess to have him "sell" it to me out of state like others have said, im against registration, but ill make this exemption so i can take it with me on my travels this summer and not worry about hassle as much.

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