Given a gun as a gift with no paperwork...

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CountGlockula

CountGlockula

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A friend was shooting her .22 Phoenix pistol and it was a nice shooter.

I asked where she got it and a friend gave it to her as a gift...but no paperwork or registration.

So I'm wondering what should be done with the pistol since she's had it for over 10 years.
 
She appears to be in compliance with federal law, given the dearth of information. The laws of her state of residence (whatever it may be) would apply. Most states require no paperwork for private party transfers and require no registration.
 
So I'm wondering what should be done with the pistol since she's had it for over 10 years.
Click to expand...

Let's see, given a nice shooting pistol, in a FTF transfer, and the lack of tracability that goes with that;

hmm?

SSS

(shoot; smile and shut-up)
 
She should keep shooting it:neener:

I am still trying to figure out what your question/motivation really is. I know that California has some screwed up legislation (I assume she is in the same State as you) but don't know any of the in's and outs other than magazine capacity and banned gun lists. Is your motivation to get her into some kind of compliance, have you got it into her mind that the BATF is going to knock down her door because of a .22 pistol that has been in her possession for probably a third of her life?

A majority of non gun owners (and some casual gun owners like people who are given or inherit guns) don't know a lot about gun ownership. I talk frequently with friends who bring up words like "registration" and have to explain to them the basic right to own guns.

One example is an almost 50yr old friend of mine whose Father passed away and left him with about 20 guns. He knew I was into guns so called me.

His first question is: Who do I need to contact to let them know I have guns. Answer is no one, well but isn't there some kind of registration or something, um no. I explain I would help him value them to see if he should increase his insurance policy or in the event he wanted to sell them, he then says insurance, will my premium go up since I will have guns in the house.

Anyway, long story just make sure it is a gun she can legally own in her state(not on the list etc..) and go about your business.
 
I don't see the problem either I have Paperwork (some where) on exactly TWO out of X guns that I own . I don't buy new guns
 
This is California, right?

First issue: if she ever CCWs it illegally, she'll be looking at a felony versus a misdemeanor.

Second issue: private no-paper transfers were banned in 1991. So if the gun is newer than that, she might be questioned about it and possibly charged with a crime for illegal transfer. If it's older, she can just say that it was an off-paper private transfer back when those were legal. So find out it's "birthdate".

There's an exception to the private transfer rules: no-paper transfers are still allowed within families, up or down directly one generation. In other words, mom can give gun to daughter or vice versa, but no uncles/aunts/cousins/etc.

So if she has a deceased relative in that category who died after the gun was made, she can claim it was a gift from that person and she's clean on the illegal transfer charge.

However, even if a gun was legally transferred off-paper (either via relative or pre-1991), the felony carry thing still applies.

One more thing: if she moved into the state within the last...five years, I *think*, a requirement went into effect to paper any handgun you own within 60 days of moving in. Make sure that's not an issue.
 
This is California, right?

First issue: if she ever CCWs it illegally, she'll be looking at a felony versus a misdemeanor.

Second issue: private no-paper transfers were banned in 1991. So if the gun is newer than that, she might be questioned about it and possibly charged with a crime for illegal transfer. If it's older, she can just say that it was an off-paper private transfer back when those were legal. So find out it's "birthdate".

There's an exception to the private transfer rules: no-paper transfers are still allowed within families, up or down directly one generation. In other words, mom can give gun to daughter or vice versa, but no uncles/aunts/cousins/etc.

So if she has a deceased relative in that category who died after the gun was made, she can claim it was a gift from that person and she's clean on the illegal transfer charge.

However, even if a gun was legally transferred off-paper (either via relative or pre-1991), the felony carry thing still applies.

One more thing: if she moved into the state within the last...five years, I *think*, a requirement went into effect to paper any handgun you own within 60 days of moving in. Make sure that's not an issue.
Click to expand...

Reading this makes me hate California more.

Are those of you living there sure it's really worth it?
 
Given a gun as a gift with no paperwork
Gee, that's how I got a lot of my guns.

Under Tennessee State Constitution, Article I Section 26,
there is an absolute right to own guns for all common,
lawful purposes. The state reserves the authority to
regulate with a view to prevent crime without restricting
lawful use. TN laws are aimed mostly at ACTS committed
with criminal intent. California has a mind-numbing array
of DEFINITIONS of THINGS totally independent of the
intent or use by the owner.
 
Reading this makes me hate California more.

Are those of you living there sure it's really worth it?
Click to expand...

Depends...

Compared to where?

In the Summer, when I can step outside as the sun goes down to light up the barbecue, and I don't have to wear mosquito netting, I think it's a lot better than a lot of places... And we live a mile from the ocean...

Alligators don't attack my hunting dog when I train him, and the pond is never frozen over, either.

As I picked my homegrown tomatoes on the back deck this morning in shorts and a t-shirt, I thought it's not bad here, especially since it doesn't get hot or humid, either.

But then, when I have to jump through hoops to get an AR, and I can't legally carry on public property, I think other places might be an improvement...

On the other hand, there are more "gun-friendly" states where it's illegal to stop for lunch on the way back from the range with handguns in the car. That seems unbelievable to me, even here in California. And there are places with "shall-issue" CCW, but where there's a duty to retreat, inside your own house! That is also unbelievable to me; here, if someone breaks into your house, you are within your specific rights to open fire as he comes through the window.

It's not always so simple.
 
OK, so in other words, she received it via FTF transfer form a fellow Californian.

So the questions to be asked are:

1) How old is the gun?

2) What was the date of transfer?

The cutoff FTF transfer date was 1991ish, from what I've read.
===

Also, folks, the OP is in California. The laws of your states do not apply there. He lives there for whatever reason and if he wanted or could move, he probably would. But seriously, if not for the stupid gun laws, California is pretty nice.
 
If any “crime” was committed, her “friend” is probably the guilty party. California law does not generally prohibit the acquisition or possession of firearms.

~G. Fink
 
After reading all the posts what is the law in California?
Can you give legally give a handgun to someone or not? I know SF has a ban on handguns so obviously you couldn't give one away even if you had one.

What about Los Angeles or San Diego? The state Capital? This is a Feinstein state.
 
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I know SF has a ban on handguns so obviously you couldn't give one away even if you had one.
Click to expand...
Not true. SF attempted to implement a ban, however the courts ruled that state law pre-emted SF's attempt. Handguns are legal in San Francisco.
 
There's an exception to the private transfer rules: no-paper transfers are still allowed within families, up or down directly one generation. In other words, mom can give gun to daughter or vice versa, but no uncles/aunts/cousins/etc.
Click to expand...

Intrafamilial handgun transfers (gifting) can be done up or down within two generations. Grandfather/grandmother can gift to grandson/granddaughter.

However, paperwork is still done. This form http://ag.ca.gov/firearms/forms/pdf/oplaw.pdf needs to be filled out and sent to CA DOJ along with $19.
 
ArmedBear, you could come to AZ, where you can stop for lunch someplace that doesn't serve booze, lawfully armed. Never leave them in the car. Use your shall-issue CCW permit, or go open, legal, wherever you go, range or not.
No duty to retreat, Castle Doctrine, stand your ground, no civil liability for justified acts, etc.
If someone is IN your occupied home, you have the lawful right to use deadly force to stop burglury 1st degree, (armed burglury), and 2nd degree burglury, (burglury of an occupied structure), among other justifications. Not a hunting license, but great to have on your side. We loosen our laws every year for awhile now.

Lots of sand...no flippin' water.
 
Can you give legally give a handgun to someone or not?
Click to expand...
In regards to CA...

Yes, you can legally give a handgun to someone else. But, it requires several things in order to be legal.

If it is a loan...
1. The person recieving the handgun needs to have a valid HSC or be qualified for an exemption.
2. The person recieving the handgun can not be a prohibited person (ie. felon)
3. The handgun can not be loaned for more than 30 days.

If it is a gift and the parties involved are a son/daughter/father/mother/grandson/granddaughter/grand father/grandmother...
1. The person recieving the handgun needs to have a valid HSC or be qualified for an exemption.
2. The person recieving the handgun can not be a prohibited person (ie. felon)
3. The handgun is given.
4. Paperwork is filled out and is sent to CA DOJ along with $19.

If it is a gift and the parties involved are non-related...
1. The person recieving the handgun needs to have a valid HSC or be qualified for an exemption.
2. The person recieving the handgun can not be a prohibited person (ie. felon)
3. Both parties meet with a CA FFL dealer.
4. Paperwork is done and a transfer fee is paid.
5. 10 days later, the party recieving the handgun can pick up the handgun from the CA FFL dealer.
 
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