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  • sierra m37
    Member
    • Feb 2012
    • 287

    Intra-Familial Question

    I'm filling out form 4544A to transfer two long guns to my son - Same State (CA), no AW or anything fancy. One Lever, one Shotgun.

    Here are my questions:

    Can my son take possession before it's been approved? The Date acquired question on Part B indicates that yes he can. Just verifying.

    My FFL told me Part A: Owner information is where I put my sons info - not mine. This makes sense and just verifying.

    FFL indicates it can take months for the State to process the paperwork. What kind of notification will my Son receive when approved and could he use it for hunting in the Fall or range time prior to getting approved?

    Just want to steer well clear of anything that might be construed as illegal.
  • #2
    edgerly779
    CGN/CGSSA Contributor
    CGN Contributor
    • Aug 2009
    • 19871

    Give firearms to son and he files not you. google search for questions asked over and over again on here.

    Comment

    • #3
      sierra m37
      Member
      • Feb 2012
      • 287

      Thank you. I have searched the forum and the net and still have one question, which was asked but not answered. Can the Certified Birth Certificate be a copy or does it literally have to be the original Certified one?

      Comment

      • #4
        sass2924
        Senior Member
        • Oct 2009
        • 757

        copy is ok

        Comment

        • #5
          Quiet
          retired Goon
          • Mar 2007
          • 30241

          Originally posted by sierra m37
          I'm filling out form 4544A to transfer two long guns to my son - Same State (CA), no AW or anything fancy. One Lever, one Shotgun.

          Here are my questions:

          Can my son take possession before it's been approved? The Date acquired question on Part B indicates that yes he can. Just verifying.

          My FFL told me Part A: Owner information is where I put my sons info - not mine. This makes sense and just verifying.

          FFL indicates it can take months for the State to process the paperwork. What kind of notification will my Son receive when approved and could he use it for hunting in the Fall or range time prior to getting approved?

          Just want to steer well clear of anything that might be construed as illegal.
          Legally, the transferee (son receiving the firearms) submits the Report of Intra-Familial Firearm Transaction within 30 days of receiving the firearms. [PC 27875(a)]

          The transferor (father gifting the firearms) does nothing.

          CA DOJ BOF will send an acknowledgement letter within 4-80 weeks after cashing in the payment for the report.
          ^Note that:
          (1) Submitting the report fulfills all legal obligations and no response is required to continue the legal possession/use of the firearms.
          (2) The CA DOJ BOF acknowledgement letter is simply a notification that they accepted and completed processing the report. It does not signify that the transfer was legal or that the firearms are CA legal.

          Originally posted by sierra m37
          Thank you. I have searched the forum and the net and still have one question, which was asked but not answered. Can the Certified Birth Certificate be a copy or does it literally have to be the original Certified one?
          The transferee (person that received the firearm and is submitting the report) needs to have a valid CA REAL DL/ID or a valid CA FLA DL/ID with additional documentation (certified copy of birth certificate, etc) [11 CCR 4045.1(b)] and a valid FSC or exemption to the FSC.



          Penal Code 27875
          (a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met:
          (1) The transfer is infrequent, as defined in Section 16730.
          (2) The transfer is between members of the same immediate family.
          (3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department.
          (4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used.
          (5) The person receiving the firearm is 18 years of age or older.

          California Code of Regulations Title 11 Division 5 Chapter 4 Article 2 Section 4045.1
          Additional Documentation Requirements for Eligibility Checks with Federal Non-Compliant California Driver License or Identification Card.
          This section applies to all firearms and ammunition eligibility checks, including any eligibility check described in Division 5. For the purposes of this section, "eligibility checks" refers to background checks based on any application or report for which an applicant is required to submit a driver license or identification card, or the number from a driver license or identification card, so that the Department of Justice may determine the applicant's eligibility to possess a firearm or ammunition under state or federal law.
          (a) For all eligibility checks, a copy of the applicant's California driver license or identification card, or out-of-state driver license, if applicable, shall be submitted, as specified in subdivisions (d) through (g).
          (b) For all eligibility checks, if the applicant presents a federal non-compliant California driver license or identification card with the notation "FEDERAL LIMITS APPLY" on the front, the applicant shall also submit proof of lawful presence in the United States, as specified in subdivisions (d) through (g), in the form of one of the following documents:
          (1) Valid, unexpired U.S. passport or passport card.
          (2) Certified copy of U.S. birth certificate (issued by a city, county, or state vital statistics office). "Abbreviated" or "Abstract" certificates are NOT accepted.
          (3) Certification of Birth Abroad (FS-545), Certification of Report of Birth (DS-1350) or Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240), issued by the U.S. Department of State.
          (4) Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form.
          (5) Certified copy of birth certificate from a U.S. Territory.
          (6) Certificate of Naturalization or U.S. Citizenship.
          (7) Valid, unexpired Permanent Resident Card.
          Last edited by Quiet; 04-12-2024, 4:17 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).

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