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Gifting Firearms To kid

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  • acespawnshop
    CGN/CGSSA Contributor
    CGN Contributor
    • Jun 2012
    • 2852

    Gifting Firearms To kid

    I was having a discussion about the changes in 2014 to firearm purchases with a customer today and was asked an interesting question. They wanted to know with the new long gun registration starting in 2014 could they as the parent purchase a firearm and then transfer it to their kid who is not 18 years old yet. The customer is worried that while recent AW legislation was vetoed that would not prevent something down the road from happening. They want to buy know and then have the guns in the kids name so they would never be out of having these types of rifles. I told them I was unsure and I would dig around. All I can find is the minimum age to purchase, but not to "own"

    Any clues for me on this one?
    Interstate Transfers $100 (DROS included with the price)
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  • #2
    Librarian
    Admin and Poltergeist
    CGN Contributor - Lifetime
    • Oct 2005
    • 44646

    In 2013, no minimum age for long guns, 18 for hand guns.

    In 2014, can give long guns or handguns to only 18 or older.

    Still won't be a minimum age to OWN a long gun - all the 2-year-olds who get an AR this year, with the law as it is for 2014, can still own them - but they will no longer be able to legally acquire them after Jan 1 2014. (What do we do about Grandpa Bill leaving his hunting rifle to 12-year-old Johnny in his will? I don't know.)

    Now, since intrafamilial transfer of long guns does not require paper until Jan 2014, what means can be used to demonstrate long gun ownership? The question has come up several times, and no suggestion for 'legally sufficient' has been offered.

    If one of our lawyer members might want to offer a pro bono suggestion on what might suffice, I'm sure our members would be grateful.
    Last edited by Librarian; 11-18-2013, 5:19 PM.
    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

    Comment

    • #3
      M1NM
      Calguns Addict
      • Oct 2011
      • 7966

      Originally posted by Librarian
      Now, since intrafamilial transfer of long guns does not require paper until Jan 2014, what means can be used to demonstrate long gun ownership?
      I'm going to give all my guns to my grandson for XMAS. He can send me a thanx 4 the guns note in crayon since he's only 4.

      Comment

      • #4
        nsginc
        CGN/CGSSA Contributor
        CGN Contributor
        • Aug 2007
        • 671

        I would like to know the answer to this also. I would like to do the same for my children.

        Comment

        • #5
          marksmandowntown
          Senior Member
          • Apr 2009
          • 1403

          I do not warranty this, and anyone who uses it does so at his/her own risk. Copy and paste it to a word doc, then change James Kirk to your name, Christopher Kirk to your child's name and the M1 info to your gun info, then fix the sig line and the "county of" part for the notary. Then call your bank and ask when the notary will be in. The fee for notaries is set by law at $10 per signature.

          If you want to make a gift letter, you should copy everything that follows this line to your paper:



          LETTER OF GIFT
          Last edited by marksmandowntown; 11-19-2013, 7:29 AM. Reason: Updated with changed code section § 27870
          GREATER SACRAMENTO AREA REALTOR
          PM for a free list of homes & income properties, or to see what your house is worth. BRE:#01443195 Fathom Realty

          Comment

          • #6
            marksmandowntown
            Senior Member
            • Apr 2009
            • 1403

            The forum auto-formatting is screwing up the sample. You want the three ')' in the notary section to line up in a three-line column. The middle one by "County of Sacramento" is in the right place above. Put the other two ')' above and below the middle one so that you have a straight column like this.

            )
            )
            )
            Last edited by marksmandowntown; 11-18-2013, 7:57 PM.
            GREATER SACRAMENTO AREA REALTOR
            PM for a free list of homes & income properties, or to see what your house is worth. BRE:#01443195 Fathom Realty

            Comment

            • #7
              marksmandowntown
              Senior Member
              • Apr 2009
              • 1403

              Take a picture of you holding the rifle and your child standing in front of you also holding the rifle (put a trigger lock on it or a pistol lock and/or a range open bolt flag in the action of the rifle if you have one). Staple that picture to the gift letter after you have it notarized.
              Last edited by marksmandowntown; 11-18-2013, 9:35 PM.
              GREATER SACRAMENTO AREA REALTOR
              PM for a free list of homes & income properties, or to see what your house is worth. BRE:#01443195 Fathom Realty

              Comment

              • #8
                DMotivate
                Member
                • Dec 2012
                • 323

                Originally posted by marksmandowntown
                Take a picture of you holding the rifle and your child standing in front of you also holding the rifle (put a trigger lock on it or a pistol lock in the action of the rifle if you have one). Staple that picture to the gift letter after you have it notarized.
                Maybe add a few mag rebuild kits in the picture as a stocking stuffer?

                Comment

                • #9
                  Fern
                  Senior Member
                  • Feb 2011
                  • 1203

                  Tagged

                  Comment

                  • #10
                    Librarian
                    Admin and Poltergeist
                    CGN Contributor - Lifetime
                    • Oct 2005
                    • 44646

                    Originally posted by marksmandowntown

                    LETTER OF GIFT
                    12078(c)(1) 27870 which permits the infrequent transfer of a firearm that is not a handgun by gift from parent to child.

                    _______________________
                    James Tiberious Kirk

                    PC numbering has changed.
                    ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                    Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                    Comment

                    • #11
                      SkyStorm82
                      Senior Member
                      • Oct 2005
                      • 1745

                      Will a notary keep a copy of that form or write down your address in their book that they keep?
                      Strike Hold!
                      2/504th P.I.R. White Devils

                      Comment

                      • #12
                        marksmandowntown
                        Senior Member
                        • Apr 2009
                        • 1403

                        No on keeping a copy, yes on writing down your address. There is no central database for notaries, and the notary's record in the book he keeps should say that he notarized a gift letter without saying what was given.

                        Thanks for the help on the updated code section number Librarian.
                        Last edited by marksmandowntown; 11-23-2013, 10:41 PM.
                        GREATER SACRAMENTO AREA REALTOR
                        PM for a free list of homes & income properties, or to see what your house is worth. BRE:#01443195 Fathom Realty

                        Comment

                        • #13
                          gogohopper
                          Veteran Member
                          • Mar 2013
                          • 4733

                          Originally posted by nsginc
                          I would like to know the answer to this also. I would like to do the same for my children.
                          THIS
                          Originally posted by Webologist
                          I am in a sympathy-free zone as well. A leftist brown shirt reaping what he sowed after profiting from it is sweet justice indeed.

                          Comment

                          • #14
                            stphnman20
                            Calguns Addict
                            • Feb 2005
                            • 6583

                            Bump.

                            Wonderin gif there is answer to OP's question. I'm in the same boat.

                            Comment

                            • #15
                              Librarian
                              Admin and Poltergeist
                              CGN Contributor - Lifetime
                              • Oct 2005
                              • 44646

                              I talked to my lawyer last month.

                              She suggested giving to an adult, in trust for the minor, with options for the trustee to NOT give it should the minor develop some legal or moral infirmities.

                              Trusts are written instruments.
                              ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                              Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                              Comment

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