[mobo]

I have a M1 that I would like to give as a gift to my brother. Does anyone know the State/Fed requirement to transfer a gun to a relative? Is it different that a normal transfer?

[Buckskinner]

Or contact your state Attorney General's office for direction.

Or consider some author's advice by acting as if the 2nd amendment is actually a right, and not a privilege, and ignoring whatever the DOJ says about transfer.

To paraphrase P.J.O'Rourke: "A man has only one right and one duty. The right to do as he damn well pleases, and the duty to take the consequences."

By the way, welcome to The High Road. First posts re: legality issues may make some wary of any other answer than the straight and narrow. You are probably aware there is a fight raging around the Right to Keep and Bear Arms, and not everyone trusts everyone else at first blush.

Stay Up!

[Sven]

mobo - knowing the state you live in would be a big step towards being able to answer your question.

Thanks,

-s

[mobo]

Sven, I live in California. I'm not up to speed with the CA gun laws but I hear that they keep changing. I'll keep looking on the web for more information. Thanks anyway.

[Pilgrim]

See California DOJ FAQ (http://caag.state.ca.us/firearms/pubfaqs.htm)

Pilgrim

[Starpower]

Well, let's see now. Today is Ahnohd's inaug day, so wait at least 24 hrs to see what changes take place in gun laws. Most folks think an action hero would be big on gun rights. Most folks would be wrong.:D

[rayra]

California -
PC 12072(d) speaks to transfer of firearms where neither party to the transaction holds a dealer’s license.
PC 12078(c)(2) speaks to transfer of handguns between individuals of the same family
PC 12078(c)(2)(A) speaks to requirements to report the transaction to CA DOJ within 30 days
PC 12078(c)(2)(B) speaks to the requirement that the recipient must obtain a Basic Firearm Safety Certificate
PC 12800 speaks to the establishment and requirements of the Basic Firearm Safety Certificate

Enjoy the gift-giving.

[Sunray]

"...so wait at least 24 hrs to see what changes take place in gun laws..." I wouldn't hold my breath about Arnie doing anything quickly about your gun laws. He's not your friend. He supports your Federal AWB and his wife is a Kennedy. Just remember you elected him based on his celebrity not his knowledge or experience. Don't expect any radical changes anytime soon.

[No4Mk1]

Also would be helpful to know where your brother lives.

BTW, a transfer between you and your brother is not likely in most places to be different than a transfer to any other private party.

[rayra]

"Just remember you elected him based on his celebrity". Sorry, that's not the case at all. I know it was reported that way by the Left, by the National / International big media. We had some very real trouble here centered on Davis, he was being Fired regardless.
And unlike the single-issue voters you find infesting gun forums, we had several other substantial reasons to elect Schwarzeneggar, cheif among them some very real damage done to the State by Dems on Energy and Business and Social-Welfare policies. The overall positions of the other Republican candidates were pathetically weak. They are welcome to get stronger by 2006. In the meantime, Schwarzeneggar represents a good solid beginning of a rectification of CA politics AWAY from the Far Left - the Dem-controlled state senate and Assembly that three years in a row passed a bill authorizing the issuance of Driver's licences to ILLEGAL immigrants - a bill that Davis signed on the eve of the Recall in a desperate bid to garner votes. Schwarzeneggar is welcome to preside over the economic turnaround of the State, and we can watch the Dem state senate and assembly further expose themselves as the tools they are in the coming 2-3 years as they try to obstruct Schwarzeneggar's recovery efforts. After that, we can break the Dem control of the state senate and assembly, and THEN, THEN you whining single-issue non-CA backstabbing gun-owners, THEN we can make some real, positive changes in the gun laws of the great state of California.

[J Calhoun]

Private transactions in Alabama don't require a transfer if they are both residents. Your state may be similar.

[PenHolder]

I have a M1 that I would like to give as a gift to my brother. Does anyone know the State/Fed requirement to transfer a gun to a relative? Is it different that a normal transfer?

In California, to give a rifle to your brother, you will need to pay a visit to a state and federally-licensed gun dealer to do a private-party transfer. His being your brother means nothing in the eyes of this state.

There is an exception for transfers from parent to child and grandparent to grandchild, but they don't apply here.

Since this is a "normal" rifle, not a handgun or an "assault weapon" (yet), you're in luck! The process couldn't be simpler!

You'll have to both go down, fill out some paperwork, pay at least $20 for the state "DROS" (background check stuff) plus probably an additional fee from the dealer for his time, and then your brother will have to wait ten 24-hour periods (10-day waiting period) before he can pick the rifle up, assuming that the state approves the transfer. He will need his CA driver's license or state ID card -- and you may, as well -- and he may have to provide his right thumb-print on the paperwork (I forget -- so make sure to bring your thumbs).

Your brother will not need a "Handgun Safety Certificate" (formerly the "Basic Firearms Safety Certificate") to receive the rifle.

Before receiving the rifle, he will need to provide proof that he either owns a state-compliant gun safe, or that he has purchased a state-approved safety device (gun lock) within the past 30 days. Most likely, the easiest thing to do will be to pay an additional $10-15 to the gun dealer for a new lock. He may not use an existing locking device that he just had laying around.

I'm embarassed by it all. :(

-PH

P.S. All of the above is "IANAL", "IIRC", "as I understand it", etc. (of course)

[Starpower]

OMG:confused: What have I done? I've created a monster, and it's alive! Sunray, I didn't mean literally in the next 24 hours, it was only tongue-in-cheek humor, but I guess the land of fruits and nuts can't see it that way. I KNOW he's not our friend, that's why I went that way. And see where I am from? I didn't elct anybody. Even my Guv died and somebody I didn't vote for took his place. Can we get back to how to transfer a gun to a family member? I just LOANED my son-in-law my Sig 229 .357 cause his Taurus .45 broke a firing pin and he sent it in, and he felt unprotected. Now he's going to dump the Taurus after he gets it back. We went to the range, he drew and fired, nothing. CLICK! He said it was really a sick feeling, especially after three or four hammer drops on three or four shells. But anyhoo, that was just a temporary loan until he got back up and running, not a transfer. I've bought one from another cop buddy, no papers, just cash over the table in the parking lot and I was the proud new owner of a Baretta 92 FS with a brown duty holster and three 15 rd mags. I know I'm going to hear from the non-LEO's that it shouldn't be any different for cops than normal Joe's, and I am in full agreement with that. The laws were enacted as a knee-jerk reaction to us not being able to trace a gun used in a crime, but I have never believed that blanket coverage for law-abiding citizens is the correct solution. It should be that easy for anybody, anywhere. As far as I am concerned, all this gun dealer paper work, take your brother with you, you can't buy and sell firearms yourself, that is all what the 2A refers to as INFRINGEMENTS and it's the baby steps the gun-grabbers are hoping for. See my quote at the bottom!

[cabinetman]

Mobo....can I be your brother? I've got my C&R and would be willing to even pay for the shipping!

Rome