Intrafamilial transfer or PPT or Too Late?

[mrpeterpan]

Hello,
Can someone please help clarify what what are my options.
I bought an his and her AR15 pistols one for wife and I. Do to work schedule also its was a gift for wife I DROS both guns under my name purchase October 2016 gave her the gun for bday on December 7th 2016
1. How to make sure she owns it legally as far as AW, ban, Reg? In the even I drop dead want to make sure she has an legal grandfathered in AR pistol in current configuration. She owns other guns has her FSC and is not prohibited from owning firearms.
2. Is intrafamilial an option or PPT? And should the PPT had to been done before the 21st?
If the answer is not appropriate to post here please PM it to me.
Merry Christmas and Happy New Year and for all the rest "Happy Holidays"
Thanks
Peter

[drdanno84]

transfer between husband-wife

Can I give a firearm to my spouse or registered domestic partner? Can he/she give it back to me later?
Yes, as long as the person receiving the firearm is not in a prohibited category, pdf and the firearm is legal to possess (e.g., not an assault weapon), the transfer of a firearm between a husband and wife or registered domestic partners is exempt from the requirement to use a licensed dealer to perform the transfer.

If the firearm is a handgun, the recipient must obtain a Handgun Safety Certificate prior to taking possession and must also submit a Report of Operation of Law or Intra-Familial Handgun Transaction, pdf and $19 fee to the DOJ within 30 days after taking possession.

use this form, if it has a bullet button, TRANSFER BEFORE 1/1/17

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

[DJMAN]

Intrafamilial transfer would not make it before 1-1-17.

I'm sure DOJ would hold it up until next year which would cause it to be an illegal AW transfer.
I was going to do the same, but decided on the PPT on the 21st.

[Cokebottle]

Intrafamilial transfer would not make it before 1-1-17.

I'm sure DOJ would hold it up until next year which would cause it to be an illegal AW transfer.
I was going to do the same, but decided on the PPT on the 21st.

Transfer takes place on the date/time the gun is handed over, not the date the DOJ logs it.
Same with importing a C&R, or a new resident importing.

The transfer is exempt from the 10 day wait and FFL requirement, the paperwork is simply notifying DOJ of the transfer.

[tnlrat37]

I asked this question about husband and wife aw registration during my CCW class my instructor (a Capt with SBSO) said that husband and wife will be able to register AW under both names under some kind of community property rule online. He said he's gone to the Capital multiple times to fight against the prop 63 laws and has been on committees with DOJ so I would assume he knows what he's talking about.

[Oceanbob]

Intrafamilial transfer would not make it before 1-1-17.

I'm sure DOJ would hold it up until next year which would cause it to be an illegal AW transfer.
I was going to do the same, but decided on the PPT on the 21st.

Drop this Form in the mail and it's a done deal. No waiting for a reply.

https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/oplaw.pdf

Be well
Bob

[lordmorgul]

Intrafamilial transfer or PPT or Too Late?

my instructor (a Capt with SBSO) said that husband and wife will be able to register AW under both names under some kind of community property rule online.

Dual registration is very likely as before.

But I am unsure how that effects ownership if the original owner passes away. I believe the correct answer is the firearm must be sold out of state or surrendered for destruction.

California does not treat firearms as communal property so it belongs to a single person (DROS signee) regardless of how many are registered as exempt from prosecution for possession, transport, and use of the RAW.



Sent from my iPhone using Tapatalk

[mrpeterpan]

Thank you all for the information. The truth is I should have done the PPT before the 21st to be sure. The problem was had just one more PPT transaction left out of the 5 per calendar year and was hoping to sell some of my extra AR pistols.
At this point i will roll the dice with the Intrafamilial transfer. And hope that the DOJ is not to busy implementing new common sense gun laws to keep us safe.
just thinking about all the new laws makes me feel so much safer.
Now my hope is if they don't approve the transfer they dont say I can't take the gun back as it will be past 1/1/2017 and now an AW. Technically the gun is still mine and what is mine is hers we are in community property state but I guess all bets are off when we are talking about evil, black, *** ult WMD automatic pistols. (run of the mill AR pistol fully compliant and its not even black its FDE)
All we can do is hope for some favorable Supreme Court justices to fill in the void of Antonin Scalia.

[mrpeterpan]

One more question Should i do the online or mail in the form and the $19 check.
I have never dont it so not sure which is better. i read that the online is very intrusive and requires a lot of un necessary info just to sing up and use the online site.
Thanks