Christmas Present

[liqu]

My son gave me 4 AK receivers for a Christmas present,, he is out of state and has the receivers, question how can I legally receive these from him?

[Quiet]

My son gave me 4 AK receivers for a Christmas present,, he is out of state and has the receivers, question how can I legally receive these from him?

Because of Federal laws and CA laws...

Your out-of-state son must deliver the receivers to a CA FFL dealer, who will then transfer (4473/DROS/10 day wait/1 in 30 day wait) them to you.

Changes to CA laws, effective 01-01-2024, causes this transfer to trigger the 1 in 30 day wait.

Which means, unless you are an exempt person, you will only be able to legally acquire one receiver every 30 days.
Meaning, it will take four 30 day periods to legally acquire all four receivers and during this time period, you will not be able to legally acquire any other firearms from a CA FFL dealer's inventory.

Failure to utilize a CA FFL dealer to conduct the transfer of the receivers equates to Federal felonies for your son and you, along with additional CA misdemeanor/felonies for you.

[taperxz]

Because of Federal laws and CA laws...

Your out-of-state son must deliver the receivers to a CA FFL dealer, who will then transfer (4473/DROS/10 day wait/1 in 30 day wait) them to you.

Changes to CA laws, effective 01-01-2024, causes this transfer to trigger the 1 in 30 day wait.

Which means, unless you are an exempt person, you will only be able to legally acquire one receiver every 30 days.
Meaning, it will take four 30 day periods to legally acquire all four receivers and during this time period, you will not be able to legally acquire any other firearms from a CA FFL dealer's inventory.

Failure to utilize a CA FFL dealer to conduct the transfer of the receivers equates to Federal felonies for your son and you, along with additional CA misdemeanor/felonies for you.

Isn't this exempt via OP Law? Which i believe is one of the exemptions?

[liqu]

What is OP law?

[Quiet]

Isn't this exempt via OP Law? Which i believe is one of the exemptions?

As of 01-01-2024, there is no operation of law or intra-familial exemption to the 1 in 30 day wait for firearms transferred from a CA FFL dealer. [PC 27535(b)]

Effective 01-01-2025, there will be an operation of law and intra-familial exemptions which only applies to firearms transferred from the administrator/executor of a deceased estate to the immediate family member named in the deceased's will [PC 27535(b)(9)(A)] or determined by the Courts [PC 27535(b)(9)(B)] or via Trust [PC 27535(b)(9)(C)].




Penal Code 27535 *EFFECTIVE 01-01-2024*
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a firearm when the person?s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any firearm to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall remain in effect until January 1, 2025, and as of that date is repealed.

Penal Code 27535 *EFFECTIVE 01-01-2025*
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any private party transaction where the seller is, at the time of the transaction, required under state law or by court order to relinquish all firearms.
(9) Any private party transaction where the seller is any of the following:
(A) The personal representative of a decedent?s estate who is transferring the firearms to one or more heirs or beneficiaries of the decedent?s estate pursuant to the decedent?s will or the laws of intestate succession.
(B) The holder of the decedent?s property who is transferring the firearms pursuant to Section 13101 of the Probate Code to the successor of the decedent, as defined in Section 13006 of the Probate Code, or to the surviving spouse of the decedent pursuant to Section 13500 of the Probate Code.
(C) The trustee of a trust who is transferring the firearms to one or more trust beneficiaries upon the death of a settlor of the trust.
(10) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(11) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(12) The replacement of a firearm if the person?s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(13) The return of any firearm to its owner.
(14) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on January 1, 2025.

[Quiet]

What is OP law?

Operation of law. [PC 16960]


Penal Code 16960
As used in Article 1 (commencing with Section 26500) of Chapter 1 of Division 6 of Title 4, "operation of law" includes, but is not limited to, any of the following:
(a) The executor, personal representative, or administrator of an estate, if the estate includes a firearm.
(b) A secured creditor or an agent or employee of a secured creditor when a firearm is possessed as collateral for, or as a result of, a default under a security agreement under the Commercial Code.
(c) A levying officer, as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure.
(d) A receiver performing the functions of a receiver, if the receivership estate includes a firearm.
(e) A trustee in bankruptcy performing the duties of a trustee, if the bankruptcy estate includes a firearm.
(f) An assignee for the benefit of creditors performing the functions of an assignee, if the assignment includes a firearm.
(g) A transmutation of property between spouses pursuant to Section 850 of the Family Code.
(h) A firearm received by the family of a police officer or deputy sheriff from a local agency pursuant to Section 50081 of the Government Code.
(i) The transfer of a firearm by a law enforcement agency to the person who found the firearm where the delivery is to the person as the finder of the firearm pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code.
(j) The trustee of a trust that includes a firearm and that was part of a will that created the trust.
(k) A person acting pursuant to the person?s power of attorney in accordance with Division 4.5 (commencing with Section 4000) of the Probate Code.
(l) A limited or general conservator appointed by a court pursuant to the Probate Code or Welfare and Institutions Code.
(m) A guardian ad litem appointed by a court pursuant to Section 372 of the Code of Civil Procedure.
(n) The trustee of a trust that includes a firearm that is under court supervision.
(o) A special administrator appointed by a court pursuant to Section 8540 of the Probate Code.
(p) A guardian appointed by a court pursuant to Section 1500 of the Probate Code.

[taperxz]

As of 01-01-2024, there is no operation of law or intra-familial exemption to the 1 in 30 day wait for firearms transferred from a CA FFL dealer. [PC 27535(b)]

Effective 01-01-2025, there will be an operation of law and intra-familial exemptions which only applies to firearms transferred from the administrator/executor of a deceased estate to the immediate family member named in the deceased's will [PC 27535(b)(9)(A)] or determined by the Courts [PC 27535(b)(9)(B)] or via Trust [PC 27535(b)(9)(C)].




Penal Code 27535 *EFFECTIVE 01-01-2024*
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any transaction conducted through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050).
(9) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(10) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(11) The replacement of a firearm when the person?s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(12) The return of any firearm to its owner.
(13) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall remain in effect until January 1, 2025, and as of that date is repealed.

Penal Code 27535 *EFFECTIVE 01-01-2025*
(a) A person shall not make an application to purchase more than one firearm within any 30-day period. This subdivision does not authorize a person to make an application to purchase a combination of firearms, completed frames or receivers, or firearm precursor parts within the same 30-day period.
(b) Subdivision (a) does not apply to any of the following:
(1) Any law enforcement agency.
(2) Any agency duly authorized to perform law enforcement duties.
(3) Any state or local correctional facility.
(4) Any private security company licensed to do business in California.
(5) Any person who is properly identified as a full-time paid peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, and who is authorized to, and does carry a firearm during the course and scope of employment as a peace officer.
(6) Any motion picture, television, or video production company or entertainment or theatrical company whose production by its nature involves the use of a firearm.
(7) Any person who may, pursuant to Article 2 (commencing with Section 27600), Article 3 (commencing with Section 27650), or Article 4 (commencing with Section 27700), claim an exemption from the waiting period set forth in Section 27540.
(8) Any private party transaction where the seller is, at the time of the transaction, required under state law or by court order to relinquish all firearms.
(9) Any private party transaction where the seller is any of the following:
(A) The personal representative of a decedent?s estate who is transferring the firearms to one or more heirs or beneficiaries of the decedent?s estate pursuant to the decedent?s will or the laws of intestate succession.
(B) The holder of the decedent?s property who is transferring the firearms pursuant to Section 13101 of the Probate Code to the successor of the decedent, as defined in Section 13006 of the Probate Code, or to the surviving spouse of the decedent pursuant to Section 13500 of the Probate Code.
(C) The trustee of a trust who is transferring the firearms to one or more trust beneficiaries upon the death of a settlor of the trust.
(10) Any person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, and has a current certificate of eligibility issued by the Department of Justice pursuant to Article 1 (commencing with Section 26700) of Chapter 2.
(11) The exchange of a firearm where the dealer purchased that firearm from the person seeking the exchange within the 30-day period immediately preceding the date of exchange or replacement.
(12) The replacement of a firearm if the person?s firearm was lost or stolen, and the person reported that firearm lost or stolen pursuant to Section 25250 prior to the completion of the application to purchase the replacement.
(13) The return of any firearm to its owner.
(14) A community college that is certified by the Commission on Peace Officer Standards and Training to present the law enforcement academy basic course or other commission-certified law enforcement training.
(c) This section shall become operative on January 1, 2025.

Interesting. When I go into either Exempt handgun or Long Gun in DROS, Under the 30 day exemption drop down, it includes Operation of Law as a 30 day exemption.

[Nardo1895]

If it includes Op Law, that is a huge issue for estates. Transferring one per month could take years for a sizable collection. That can't be right can it?

[taperxz]

If it includes Op Law, that is a huge issue for estates. Transferring one per month could take years for a sizable collection. That can't be right can it?

I agree. If it?s in the drop down, they allow it. How would they stop multiple transfers in CFARs? It?s all under the same umbrella.

[Quiet]

If it includes Op Law, that is a huge issue for estates. Transferring one per month could take years for a sizable collection. That can't be right can it?

AFAIK...

Before 01-01-2024, operation of law and intra-familial transfers were exempt.

Starting 01-01-2024, the exemption for operation of law and intra-familial transfers were removed.

Starting 01-01-2025, the exemption for operation of law and intra-familial transfers that meet certain requirements are exempt.

Note post #6 as to what legally is considered an operation of law.
^A transfer from child to parent and vice-versa is not considered an operation of law.