Intrafamilial transfer From Step Child

[GunGuy1959]

Do adult step children qualify for gifting off roster firearms from out of state?

[waygeekierthanu]

No, biological only

Sent from my Pixel 2 XL using Tapatalk

[foothillman]

http://wiki.calgunsfoundation.org/index.php?title=Transferring_Firearms_Among_Some_Family_Members#Family_gun_transfers_in_California_.28parent.2Fchild.2C_grandparent.2Fgrandchild.2C_husband.2Fwife.29

Penal Code 16720

As used in this part, "immediate family member" means either
of the following relationships:
(a) Parent and child.
(b) Grandparent and grandchild.

12078 was added to the Penal Code by AB 166, introduced in January of 1993, filed with Secretary of State October 1993, effective Jan 1, 1994.

Step-parent appears to be excluded

Family Code 7601

"Parent and child relationship" as used in this part means
the legal relationship existing between a child and the child's
natural or adoptive parents incident to which the law confers or
imposes rights, privileges, duties, and obligations. The term
includes the mother and child relationship and the father and child
relationship.

I have always thought it was a extra-legal step the FFLs take.
Than again not my license to loose or fine to pay.

[GunGuy1959]

Thanks guys

[ronlglock]

[M1NM]

Gift to natural parent then gift to step parent as spouse??

[HibikiR]

Don’t stepparents normally adopt the opposite spouse’s children? Thus, stepchildren are adopted.

Not really, I think the last census had ~2.8M step-children and only ~1.5M were adopted.

Gift to natural parent then gift to step parent as spouse??

A little too close to a straw-purchase for my liking. Unless a lawyer chimes in saying that is safe, it'd be better to go through the adoption process first and then do the gift.

[sbo80]

No, adoption is a specific legal event. And it has significant ramifications on the biological parent. Such as losing custody and parental rights on top of tax issues. In some cases (all? IANAL) it might also absolve the bio parent from continuing to pay child support. I think most step-parents adopting occur in cases where bio parent is deceased or totally out of the picture.

[Chewy65]

Gift to natural parent then gift to step parent as spouse??

Dangerous. See Penal Code section 27515:

27515. No person, corporation, or dealer shall sell, loan, or
transfer a firearm to anyone whom the person, corporation, or dealer
knows or has cause to believe is not the actual purchaser or
transferee of the firearm, or to anyone who is not the one actually
being loaned the firearm, if the person, corporation, or dealer has
either of the following:
(a) Knowledge that the firearm is to be subsequently sold, loaned,
or transferred to avoid the provisions of Section 27540 or 27545.
(b) Knowledge that the firearm is to be subsequently sold, loaned,
or transferred to avoid the requirements of any exemption to the
provisions of Section 27540 or 27545.

Like another notes, this is similar to a straw transaction.

[edgerly779]

M1m like the straw work around.