New Question...Post #3

[kemasa]

The whole thing is silly since why can't siblings give a firearm? The certified list is just plain stupid, especially since LEO are exempt and they should be required to use only "safe" firearms.

I don't agree with the way it works, just pointing out the issues. I am not sure that they would actually check if you claimed to get a firearm from a parent when the person was not really your parent. It is not worth the risk in my opinion. There are many laws that I would change/eliminate if I had the control.

[Librarian]

Ok, so Father-in-law can bring the gun to an FFL for his daughter. Daughter DROSes firearm, then gives it to spouse.

Done.

Yes, that works.

I have a headache, too.

[jtmkinsd]

Ok, so Father-in-law can bring the gun to an FFL for his daughter. Daughter DROSes firearm, then gives it to spouse.

Done.

[jtmkinsd]

An "-in-law" does NOT "bring up" or "raise" a child as you have to be old enough to be married in order to have an father/mother-in-law. You can have a brother/sister-in-law, but brother/sister transfers are not exempt, so those do not matter.

As I said, a step-parent has NO legal relationship to a child. A sibling could raise another sibling, but that does not change the relationship to a parent, even though they had that role.

Really? You never heard of military men getting their wives pregnant and not living to see the birth, and mom remarrying when the baby is say, less than a year old?

Edit: Think I'm getting confused on the terms...lol Father in law: Spouses father. Step Father: Non-biologic parent

I'm getting a headache

[jtmkinsd]

Really it's all mute because the Father in law could give the gun to Mom, and then Mom could give the gun to son. But that just seems a really silly work-around to me.

[kemasa]

An "-in-law" does NOT "bring up" or "raise" a child as you have to be old enough to be married in order to have an father/mother-in-law. You can have a brother/sister-in-law, but brother/sister transfers are not exempt, so those do not matter.

As I said, a step-parent has NO legal relationship to a child. A sibling could raise another sibling, but that does not change the relationship to a parent, even though they had that role.

[jtmkinsd]

You can get heartburn all you want, but by any definition of a parent, it does not include an "-in-law".

I think you mean "step-parent". You can't grow up your entire life with the father-in-law since to have a father-in-law, that means you have to be married since your father-in-law is your spouse's father.

Also, a step-parent actually has no rights regarding a child unless they are adopted or other legal means to change the relationship.

Included in every definition I can find, along with a biologic "parent", is someone who "brings up" or "raises" a child. While adoption would be "more legal", I don't see where, absent a clarification from DOJ, a "parent" who is not biologic is precluded. A fine line, granted. Is it stretching? Maybe.

[kemasa]

You can get heartburn all you want, but by any definition of a parent, it does not include an "-in-law".

I think you mean "step-parent". You can't grow up your entire life with the father-in-law since to have a father-in-law, that means you have to be married since your father-in-law is your spouse's father.

Also, a step-parent actually has no rights regarding a child unless they are adopted or other legal means to change the relationship.

[jtmkinsd]

A father-in-law is NOT a parent.

I get heartburn when statements like that are made without any insight as to the legal backing. I mean to go to the extreme I'd simply say "says who?"

I just don't like when a question like this comes out the automatic response is NO...NO WAY...YOU CAN'T

Say someone's grown up their entire life with the Father in law...maybe biologic dad dies or something. Perhapse an adoption would be required...I don't know.

[kemasa]

A father-in-law is NOT a parent.

[jtmkinsd]

The mechanism we're trying to use to be exempt from the Roster is the intrafamilial relationship, so it looks like the CA definition of family is the one.

Well wait a minute...where is the definition of "Parent"? From a legal standpoint, there is a line to be drawn whether or not a "biologic" Father is any different than a legally married Father-in-law. Don't know that I've ever heard them referred to as "parent-in-law".

From Wikipedia:

A parent (from Latin: parēns = parent) is a caretaker of the offspring in their own species. In humans, a parent is the mother or the father figure of a child (NOTE: "child" refers to offspring, not necessarily age). Children can have one or more parents, but they must have two biological parents. Biological parents consist of the male who sired the child and the female who gave birth to the child. In all human societies, the biological mother and father are both responsible for raising their young. However, some parents may not be biologically related to their children.

From Websters:

Definition of PARENT
1a : one that begets or brings forth offspring
b : a person who brings up and cares for another

Granted, it would bring up some documentation problems. If the last name doesn't match, I'd want a copy of the marriage license or something.

[tenpercentfirearms]

The mechanism we're trying to use to be exempt from the Roster is the intrafamilial relationship, so it looks like the CA definition of family is the one.

That makes sense. Then father-in-law is out. However, he can send it to an FFL for his daughter. Just not for you.

She can always fill out a intrafamilial transfer form to give it to her husband once she lawfully possesses it.

[Librarian]

That is the question I have. What family is good for a intrafamilial transfer from out of state? I know what CA law says, but we are talking for the passing of non-approved handguns from out of state.

The mechanism we're trying to use to be exempt from the Roster is the intrafamilial relationship, so it looks like the CA definition of family is the one.

[tenpercentfirearms]

That is the question I have. What family is good for a intrafamilial transfer from out of state? I know what CA law says, but we are talking for the passing of non-approved handguns from out of state.

[Librarian]

Legally he still qualifies. Father-In-Law. There is nothing in the PC which states the "immediate family" line must be blood.

I believe it does - PC 12078

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