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Gift rifle for neice and nephew

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  • IntoForever
    CGSSA Associate
    • Sep 2010
    • 3891

    Gift rifle for neice and nephew

    Can I legally gift a rifle to my Niece and Nephew who are both under 13? I'm not looking to do anything illegal or even grey area however I want to get them started with their own rifles.
    With all this "gun control" talk, I've not heard one politician say how they plan on taking guns from criminals, just law abiding Citizens.

    Originally posted by Nose Nuggets
    5 guys, hot damn thats some good eat'n.
    Originally posted by pyromensch
    damn, i duped my own thread...first time i did a poll
  • #2
    jtmkinsd
    Senior Member
    • Mar 2010
    • 2352

    Unfortunately you, as their Uncle, are not considered "immediate family" under CA law. You would have to gift the firearm to a parent/grandparent, who would take possession of the firearm through a dealer transfer at an FFL, then they could "give" it to your Niece and Nephew. Obviously, "ownership" would remain with the parents and they cannot use the firearm without adult supervision.

    CA PC 12078:

    (c) (1) Subdivision (d) of Section 12072 shall not apply to the
    infrequent transfer of a firearm that is not a handgun by gift,
    bequest, intestate succession, or other means by one individual to
    another if both individuals are members of the same immediate family.

    (3) As used in this subdivision, "immediate family member" means
    any one of the following relationships:
    (A) Parent and child.
    (B) Grandparent and grandchild.


    (c) (1) Subdivision (d) of Section 12072:

    (d) Where neither party to the transaction holds a dealer's
    license issued pursuant to Section 12071, the parties to the
    transaction shall complete the sale, loan, or transfer of that
    firearm through a licensed firearms dealer pursuant to Section 12082.
    Last edited by jtmkinsd; 12-01-2010, 7:29 PM.
    Originally posted by orangeglo
    Welcome to failtown, population = you.

    Comment

    • #3
      IntoForever
      CGSSA Associate
      • Sep 2010
      • 3891

      Thanks much! I guess I'll hold on to them until they turn 18. Not up for giving the state $$$ every time I twitch.
      Last edited by IntoForever; 12-01-2010, 8:30 PM.
      With all this "gun control" talk, I've not heard one politician say how they plan on taking guns from criminals, just law abiding Citizens.

      Originally posted by Nose Nuggets
      5 guys, hot damn thats some good eat'n.
      Originally posted by pyromensch
      damn, i duped my own thread...first time i did a poll

      Comment

      • #4
        Mssr. Eleganté
        Blue Blaze Irregular
        CGN Contributor - Lifetime
        • Oct 2005
        • 10401

        Originally posted by jtmkinsd
        ...Obviously, "ownership" would remain with the parents and they cannot use the firearm without adult supervision.
        Children can own long guns at any age in California. But yes, it is a good idea for the parent to maintain control of all firearms until the youngster is responsible enough.
        __________________

        "Knowledge is power... For REAL!" - Jack Austin

        Comment

        • #5
          IntoForever
          CGSSA Associate
          • Sep 2010
          • 3891

          Children can own long guns at any age in California. But yes, it is a good idea for the parent to maintain control of all firearms until the youngster is responsible enough.
          Thanks. These will be in my safe until they are of age/responsible. No way I want to see another armed idiot.
          With all this "gun control" talk, I've not heard one politician say how they plan on taking guns from criminals, just law abiding Citizens.

          Originally posted by Nose Nuggets
          5 guys, hot damn thats some good eat'n.
          Originally posted by pyromensch
          damn, i duped my own thread...first time i did a poll

          Comment

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