(CA) Long gun transfers between family members

[jwarren116]

Unfortunately, for my gun rights, I live in California. As does my brother. So, I'm pretty sure I know the answer to this but I'm going to ask anyhow. From what I understood, any firearm (except c&r stuff) has to be transferred through an FFL with the 10 day wait period. My brother is going to be giving me his 10/22, but it's been quite the pain to find a day we can meet half way at an FFL to do the transfer. Scheduling just hasn't worked out very well. Anyway, now to the point! I recently saw something on the CA DOJ website that made me second guess my assumption about transferring. The Interfamilial Handgun Transfer form and The Firearm Ownership Record Form ( http://ag.ca.gov/firearms/forms/pdf/volreg.pdf ) makes it appear as though we can use that form to transfer firearms without an FFL. I'm pretty sure that's not accurate though.

Can my brother transfer a long gun to me through online CA DOJ forms? Can anyone clear this up for me?

Thanks folks!

 

[NavyLCDR]

The immediate family member excpetion for transfer of firearms only applies between parent and child, and grandparent and grandchild.

Firearms obtained through intestate succession or by bequest, sales or transfers between “immediate family” members. Immediate family means parent and child, and grandparent and grandchild. (NOTE: Individuals who receive a concealable firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun in this manner must be reported within 30 days to the Department of Justice on forms provided by the Department of Justice.) (Penal Code §§12078(i)(1)(B), 12078(c)(2)(A).)

So, your brother could give the firearm to your dad. Dad files the form that you linked to (and $19). Your did gives you the firearm, you file the form (and $19) and you are done. Otherwise the transfer has to go through an FFL.

I might be wrong, but I think the 10 day waiting period only applies to concealable firearms.

 

[NavyLCDR]

Upon further investigation, the 10 day wait does seem to apply to long guns as well, and it would be cheaper to do the transfer through an FFL vice through your dad:

I want to sell a gun to another person, i.e., a private party transfer. Am I required to conduct the transaction through a licensed California firearms dealer?

Yes. Firearm sales must be conducted through a fully licensed California firearms dealer. Failure to do so is a violation of California law. The buyer (and seller, in the event that the; buyer is denied), must meet the normal firearm purchase and delivery requirements. "Antique firearms," as defined in Section 921(a)(16) of Title 18 of the United States Code, and curio or relic rifles/shotguns, defined in Section 178.11 of Title 27 of the Code of Federal Regulations that are over 50 years old, are exempt from this requirement.

Firearms dealers are required to process private party transfers upon request. Firearms dealers may charge a fee not to exceed $10 per firearm for conducting a private party transfer. Example:

For a private party transfer involving one or more handguns, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00 for the first handgun and $31.00 for each additional handgun involved in the same transaction.
For private party transfers involving one or more long guns, or a private party transfer involving one handgun, the total allowable fees, including the DROS, safety, and dealer transfer fees, are not to exceed $35.00. The dealer may charge an additional dealer-service fee of$10.00 per each additional firearm transferred.

Even though your transaction would not be a sale/purchase, the requirements still apply.

 

[EOD Guy]

The immediate family member excpetion for transfer of firearms only applies between parent and child, and grandparent and grandchild.


Quote:
Firearms obtained through intestate succession or by bequest, sales or transfers between “immediate family” members. Immediate family means parent and child, and grandparent and grandchild. (NOTE: Individuals who receive a concealable firearm in this manner must obtain a Handgun Safety Certificate. The acquisition of a handgun in this manner must be reported within 30 days to the Department of Justice on forms provided by the Department of Justice.) (Penal Code §§12078(i)(1)(B), 12078(c)(2)(A).)

So, your brother could give the firearm to your dad. Dad files the form that you linked to (and $19). Your did gives you the firearm, you file the form (and $19) and you are done. Otherwise the transfer has to go through an FFL.

I might be wrong, but I think the 10 day waiting period only applies to concealable firearms.

There is no need to file any forms. Your brother gives the rifle to your Dad and then he gives it to you. The Intrafamilial transfer form only has to be used for handguns. Rifles don't need any paperwork since they are not registered in California.

 

[NavyLCDR]

EOD Guy,

Yeah, you are correct. We were looking at a different form, the voluntary registration form. I was confused because that form had on it check marks for rifle/shotgun. That form, obviously, is not required for intrafamilial transfers of long guns. So the easiest and cheapest way would be, as you said, give the gun to dad/mom who gives gun to the other son, no paperwork required. Thanks for clearing that up! I'm going back to Washington State now where I belong

The voluntary registration form would be used to "clear one's conscience" should they receive a firearm from outside immediate family in California without going through an FFL.